Council Car Parking Ticket - Debt Collection

give_them_FA

No, I think it more likely the OP got confused and didn't realise it isn't the driver who is responsible but the RK.

Stand to be corrected but I do not think there is any way they can transfer the debt to someone other than the RK.

genuinegal21

Letter from Newlyn's was issued to boyfriend, and since it was my fault not paying the fine, I took responsibility of it. The council contacted the DVLA to get boyfriend's address but he had moved twice since the ticket was issued. TEC said they will send out late witness statement form to fill out.

In the mean time, what do i do about Newlyn's?

genuinegal21

Everything is in boyfriend's name - i was merely on insurance.

He sold the car to a local garage a month after ticket was sold. His driving licence has an address in Newcastle (where he used to live with his family last year).

give_them_FA

Well they cannot collect off you. They should not even be speaking to you without BF's express permission, but assuming they have that, then tell them that the matter is being made the subject of an appeal because the papoerwork was not received from TEC.

They should agree to back off; if they don't, contact the Council and ask them to stand them down as they are the Council's enforcers.

Meantime a few tips on bailiff rules will follow shortly!

give_them_FA

Just an aside, if he's disposed of the car and he's been moving about how have they tracked his address? I expect the paperwork went to a previous address which was why he didn't get it. Usually after the Council get the address from DVLA they don't ask again.

vax2002

call them up and ask for a copy of this warrant, Ill bet my best top trumps card they dont actually have one so resort to shouting instead.

genuinegal21

It's a really confusing situation how they got his address. His drivers licence was never upto date (against the law i know), it had an old newcastle address on it - he couldn't be bothered changing it. I think.......when he sold the car to the local garage, he put his current address in the logbook to say he was the owner/seller of vehicle. So that's where the council must have got his address from. He has never received letter from TEC - otherwise i am SURE he would have told me about it. I am now awaiting late witness statement to contest that letter was never received from TEC.

So, I now need to contact Newlyn and ask them to put it on hold?

Thanks so much guys, you're a great help

It's my responsibility as i was driving the car that day, so nothing i can do about it really, its unfair for my boyfriend to have to deal with letters like this.

genuinegal21

apparently warrant was obtained via TEC?... that's the court level though isn't it.... the TEC

give_them_FA

Not really, the enforcement system doesn't go to Court. The Council issues demands for payment to the registered keeper, and if these are not met then it is forwarded to be registered as a debt at the TEC. This is not a Court, although it shares the building with a Court. It simply rubberstamps the Council's request and issues an "Order" (Liability Order) enabling the Council to use bailiffs. Had you received the Liability Order, that was your last chance to pay the money before the bailiffs got involved. The purpose of submitting the Declaration to say that you did not get the Liability Order, is to set the process back one step, so that you again have the opportunity to pay the fine without the bailiffs adding their fees. You should go back to £125. Pay that and it's done. I doubt the Council will accept instalments but you can ask. Remember in law the BF is the debtor not you, so your financial circumstances are irrelevant.

If he did not get the Notice to Owner either, a further declaration can be made and if accepted will set the debt back another step, to £80.

genuinegal21

in terms of the original debt, i'm not sure how far back i can go.On the letter from Newlyns it says:

Penalty charge: £112
Fees: £13.44
Total outstanding: £125.44

So is the £112 the original council's charges?