Parking ticket that was issued in 2007

bexter30

Hi, Back in august 2007, i received a parking ticket in a 30 minute zone no return within an hour. I'd broken down and was unable to move my car within that period. I wrote a letter to the council explaining what had happened and had no response, so assumed it had been resolved. I moved house almost a year ago!! 2 days ago i had a phone call from an old neighbour saying the bailiffs had been around and had posted a letter saying that they were seizing goods for the amount of £142.66p. This is the first I've heard from this case since i responded back in 2007. Can anyone tell me where i stand? Thanks

Neil_B

Firstly, that is a very low amount for a bailiff demand?

Did you advise DVLA of change of address?

Did you evr receive any of the following >>>

Notice to Owner
Charge Certificate
Order for Recovery

???

yes there are things you can do.

bexter30

The only paper work I've received was the pcn on the car and 2 letters that were recovered from an old neighbour from the bailiffs. First one being an urgent notice from the 5th feb 2009, and the second being notification of baliff visit. Unfurtounetly I've only just recieved both letters. I didn't advice the DVLA of a change of address, as i sold the car just a couple of days after the parking ticket was issued, and giving the time of me dissputing and moving address, I didn't think there was any need.

BillTrac

But havent you notified them off a change of address for your driving license?

bexter30

Sorry, yes driving license has been changed.

peter_the_piper

Are you sure its a court appointed bailiff and not "Joe Blogs" debt collection agency (DCA)

bexter30

It's Bristow &Sutor civil enforcement agents

Neil_B

It is crucially important to know if this is a legit bailiff acting on a Court issued warrant. Without seeing the documents it is impossible to tell.

If it is then the other correspondence I mentioned will have been sent to that previous address. The problem is that if they have a warrant and it is still in date (12 months) then it is too late to overturn it automatically. To do that you would have had to have responded to the Order for Recovery.

However, it is still not too late to do something.

First - phone Northampton TEC (google it). This is effectively the Court that issued the Warrant but in reality is little more than a huge processing centre. The process is automatic.
They are very helpful normally. Ask them if a Warrant has been issued - car reg and name, etc.

If yes then you will need to file a Statutory Declaration Out of Time. From what you have said you would do this on the grounds that no Notice to Owner was received. TEC will send you the forms or they are downloadable on-line - ask.
This is just a sworn statement. You need to get it witnessed. You can do this for free at your local County Court. DO NOT sign it before you are in the presence of the Court Officer.

If this is opposed by the Council there is one more stage that will come before a real Judge. - but let's see first.

the result of a succesful Stat Dec is to return the matter to the appropriate stage - in your case a new NtO will be issued. (Actually quite unlikely because since legislation changed last year most Councils can't produce the old versions of documents Doh!).

Do not hesitate because if this a bailiff with a TEC Warrant then they will probably already have traced you and will very soon be at the door.
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