Do I have to tell the agent?

[Big Al]

Hey all. I have an outstanding PCN. Yesterday two rough enf. agents went to my old Dad's address where I used to live (moved out Jul 2013). They said they had a warrant to remove goods from my Dad's house unless he pays approx £400.

Dad told them I don't live there but they didn't seem to believe him. They said they will be back with a van and a tow truck by the weekend.

Dad has a Kia on his drive and they said that it was now "bound?".

I phoned the ea number and told them again I don't live at the address. They asked me for my new address but I said "no". I can't believe the amount is now £400. I can't afford that.

I asked if I could pay monthly, he said no he wanted it all or he will take Dads car. I said I don't liver there (again) he said he can take what he likes as it's the address on the warrant.

He was right nasty sounding really aggressive and I don't want to give him my address. I'm not working at this time and the car I did have was sold earlier this year for £500.

Do I have to give him my address? Can he take my dad's car?

Many thanks.

[ploddertom]

Re: Do I have to tell the agent?

No & No.

[ploddertom]

Re: Do I have to tell the agent?

However by not furnishing an address you can be contacted at mounts the pressure on your dad. There again they may only seize the goods of the debtor but will possibly use the excuse they thought it was yours. I assume the vehicle that incurred the ticket was registered at your dad's address. Did you know about the original ticket?

[Big Al]

Re: Do I have to tell the agent?

However by not furnishing an address you can be contacted at mounts the pressure on your dad. There again they may only seize the goods of the debtor but will possibly use the excuse they thought it was yours. I assume the vehicle that incurred the ticket was registered at your dad's address. Did you know about the original ticket?

Hi, thanks for the replies. Don't worry about Dad, he's as fit as a butchers dog and won't let the ea walk over him.

I knew about the PCN but don't remember any other letters after that. It was from last year some time and I can't remember if it was delivered at my Dads when I lived there or if it came here. I do remember filling it in and sending it back.

I did inform DVLA of the move. I know I did as I got a new V5.

I don't want to give them my address if they're going to act aggressively. I'm not the strongest and do suffer some social problems. Is there another way to sort this?

Many thanks.

[Milo]

Re: Do I have to tell the agent?

The correct procedure 'could' be to file an Out of Time witness statement but there are two potential problems with this. Firstly, there are four strict grounds on which to file an OTT . The first is that you had not received the parking ticket on the car or the Notice to Owner in the post and the second ground is that you had made representation about the PCN to the LA but that you had not received a Notice of Rejection. In your case, I notice that you stated that you knew about the PCN and you also state that you 'remember filling it in and sending it back'. It could be worth calling the council in the morning to ask what notices had been sent and the dates (this is to ascertain whether the notices had been sent after you moved out).

Secondly, when filing an OTT you will be required to provide your current address and I note that you fo not want the bailiff company knowing your new address.

It is important to be aware that the new regulations that came into effect on 6th April this year specifically provide that a bailiff may only take goods (including a vehicle) belonging to the debtor. Your fathers car is his and NOT your !!!

PS: Quite a few bailiff companies now have online access to DVLA so it would take them only about an hour (or less) to get confirmation from DVLA that your dad's car is not yours.

[Big Al]

Re: Do I have to tell the agent?

If I file this OTT thing will that stop the ea action so I can just pay the fine?

[Milo]

Re: Do I have to tell the agent?

If I file this OTT thing will that stop the ea action so I can just pay the fine?

Yes, submitting an Out of Time Statutory Declaration will indeed stop enforcement but this will only be temporary to allow the local authority to consider the application. This will normally be around 5-6 weeks.

If the application is accepted, then the warrant ceases to have affect and the local authority would issue a new Notice to Owner. At this stage you can either pay or appeal the PCN.

If the application is rejected you have 14 days in which to 'seek a review' . There is a fee charged for the review but not for submitting the OTT.

You say that you sold the previous car and have a new one. Is the new car worth very much and is it subject to finance?

When sending an OTT you must ensure that it is sent by email......not by post.

You should need forms TE7 and TE9

[Big Al]

Re: Do I have to tell the agent?

Yes, submitting an Out of Time Statutory Declaration will indeed stop enforcement but this will only be temporary to allow the local authority to consider the application. This will normally be around 5-6 weeks.

If the application is accepted, then the warrant ceases to have affect and the local authority would issue a new Notice to Owner. At this stage you can either pay or appeal the PCN.

If the application is rejected you have 14 days in which to 'seek a review' . There is a fee charged for the review but not for submitting the OTT.

You say that you sold the previous car and have a new one. Is the new car worth very much and is it subject to finance?

When sending an OTT you must ensure that it is sent by email......not by post.

You should need forms TE7 and TE9

Thanks Milo. I don't have a car I sold mine about 6 months ago. I can't afford to run one at present.

OK so if (or is that when!) the ea comes back to my Dads what should we tell them? When I send the OTT should I send the money for the fine as well just to get it paid?

[Milo]

Re: Do I have to tell the agent?

Thanks Milo. I don't have a car I sold mine about 6 months ago. I can't afford to run one at present.

OK so if (or is that when!) the ea comes back to my Dads what should we tell them? When I send the OTT should I send the money for the fine as well just to get it paid?

At this present time the amount due under the warrant is £400. If you make payment of an amount that is less than the amount due then the regulations are very specific in that the Compliance fee of £75 is deducted first and the balance is split on a 'pro rata' basis with part of the payment being allocated towards the remaining bailiff fees and the debt to the local authority.

The only way in which to now avoid bailiff fees is if either your Out of Time Application is accepted or if the bailiff company return the warrant back to the council. In both cases the warrant will then "cease to have effect'.

[Big Al]

Re: Do I have to tell the agent?

Thanks for that Milo. What do I now tell the ea when they turn up again? Would they even believe me?

[Milo]

Re: Do I have to tell the agent?

Any update on this enquiry?