timeline from council receiving out of time notification to telling bailiffs?

dementedfeline

Hi, wonder if anyone knows if there are any rules on how quickly a council should call off the bailiffs once they have been notified by the court that an out of time application has been filed?

thanks

hallowitch

as far as im aware as soon as they receive the forms from tec they should suspend the warrant and call of the bailiffs

I believe tec processes the forms the same day they receive them or the next day if they receive them late afternoon

http://www.justice.gov.uk/pre-trash-archive/civ-proc-rules-old/_old/pd_part75#IDAEWY1



Applications to suspend a warrant of execution


8.1

Where –
(1) the respondent makes an application under paragraph 5; and

(2) before that application is determined, a warrant of execution is issued,

the local authority must suspend enforcement of the warrant of execution until the application for an extension order is determined.
(Rule 75.8(b) provides that, where a court order is deemed to have been revoked following the filing of a statutory declaration or witness statement, any execution issued on the order will cease to have effect.)

klaus

Did you have to get the forms "sworn" before you sent them to the TEC?
From TEC site:
(Once the form has been completed, it must be sworn i.e. signed under oath before a Commissioner for Oaths (e.g. a solicitor), or an officer of a county court appointed by the judge to take affidavits, or a Justice of the Peace (Magistrates’ Court))

hallowitch

ok guys im not telling you pay to get help from this site but their is a lot of useful free information that is 100% spot on
http://www.bailiffadviceonline.co.uk/parking_whathappens.htm

How to complete an "Out of Time" late Statutory Declaration.

The Statutory Declaration should be completed and returned to the Traffic Enforcement Centre within 21 days, although there are provisions whereby the court may allow a longer period of time.

Once a Warrant of Execution has been authorised by the TEC you cannot file a Statutory Declaration. Instead, you have to file an Out of Time Statutory Declaration using either a PE2 and PE3 or TE7 and TE9. Different forms are required for PCN's issued either under the Road Traffic Act 1991 or the much newer Traffic Management Act 2004 (TMA 2004).
Many people get very confused when completing an Out of Time Statutory Declaration and if this is the case, then please do contact us as we have a lot of experience with completing these forms on behalf of motorists.

How do I get this sworn?

If your Out of Time Statutory Declartion has been completed on the PE2 & PE3 then these forms need to be sworn. This can be done by visiting any local solicitors office and it is not usual for an appointment to be necessary. You will simply need to ask at the reception desk if there is a solicitor free to swear the document. You may have to wait 5 or 10 minutes and nearly always a Junior Solicitor will deal with these matters and he will ask that you swear on oath that the document is yours and that it contains your signature and words. The solicitor can charge a fee of £5 for witnessing your Out of Time Statutory Declaration.

Alternatively, you can visit any County Court and go to the enquiries desk where you can swear the document. The court will not make a charge for this. Please note that TEC will refuse the Declaration if it has not been sworn correctly.

If your Out of Time Statutory Declaration is being completed on the newer style TE7 &TE9 these forms do not require that your signature has to be witnessed.

dementedfeline

Thanks, guys. Council was informed at 4pm by secure email yet bailiff still attended at around 6pm and despite being shown email acknowledgement from TEC of filing, and being told person was disabled (£0 disabled tax disc), clamped car and threatened removal.

I'm trying to find out if the council should have called the bailiffs off in that 2 hour period?

Stroma

Is it even legal to clamp a disabled person's car? You need to demand the council that their agents must remove the clamp immediately

hallowitch

yes I would say the council should have called of the bailiffs as soon as they received the e-mail from tec
they should not be clamping a disabled persons car

a point of interest
ive taken this from another site (consumer action group) it was posted by a very well known poster called tomtubby who is an expert in bailiff law

If you had no knowledge of the pcn then the correct course of action would be to file an Out of Time witness statement with the Traffic Enforcement Centre. The bailiff is NOT permitted to enforce a warrant at a new address. He KNOWS this.

Once an Out of Time witness statement has been filed all enforcement MUST cease. BY LAW!!!!

PS: The Out of Time witness statement must be sent to TEC by email and if received by 4pm today all enforcement will be on hold.

A WEE BIT OF INFO FOR YOU which might explain why the bailiff still called

councils don't directly employ the back office staff that you are talking to local authority's outsource this work one of the company's that they use is called capita and when it gets to the bailiff stage the bailiff firm will be Either Ross & Roberts or Equita (probably Equita) the capita group of company's own the two bailiff firms

dementedfeline

Thanks, again guys.

Background: PCN received in October 2012. Email sent to council appealing, council replied asking for copy of blue badge. Copy sent by post, nothing further heard until hand delivered letter from bailiff on Monday evening.

Tuesday morning, TE7 and TE9 filed. Email sent from court to council, court says at 4pm, council says they received it at about 430pm. Council cannot confirm whether or not anybody looked at the email yesterday; just said it’s checked daily but "if it's too late in the day then we won't be able to tell the bailiffs" and intimated very strongly that this is why the bailiff wasn't called off.

Tuesday evening (yesterday): bailiff turns up and clamps car and tells her he has called the tow truck. She doesn’t have the money to pay (for what it’s worth, she has cancer and gets DLA high level or whatever it’s called). She explains she’s filed the out of time declaration; he says nobody’s told him.

She calls me, I go over there and talk to bailiff and get nowhere despite showing him the TEC email acknowledgement and pointing out she has £0 disabled tax disc. Friend is in such a state, that I pay.

Complications: she has had several address changes over past few years due to being in temporary council housing and we're not sure when she updated her address with DVLA. I called the DVLA to ask about getting a history of any and all changes on her V5 but they said that this could take up to 4 weeks! She thinks that she was getting V11 (tax disc renewal reminders) to her current address, certainly in spring of this year and she thinks, spring of last year - we're currently ransacking the house trying to find these.

Council, however, say that they request the address of the keeper on the date of contravention and send all the paperwork there. When I asked them - but what if someone moves before receiving the paperwork, the answer was that a "normal" person would have their mail redirected so it wasn't the council's fault that she hadn't received it. They also deny receiving a photocopy of her blue badge that they'd asked for in an email - and she doesn't have a proof of posting slip.

Council have said to write in with all this for them to consider whether or not to accept or reject the out of time declaration, but gave very strong impression that they would reject and also ask the court to reject it.

The warrant of execution that he gave her is for a PREVIOUS address, not the one she lives at now - hallowitch - you seem to imply that this is illegal?

Sorry, it’s somewhat disjointed – she doesn’t exactly have an up to date filing system and we’re both still kind of reeling from it all. We’re going on a concerted paperwork hunt later.

Again, thanks for any help that can be offered.

hallowitch

dementedfeline wrote: »

Thanks, again guys.

Background: PCN received in October 2012. Email sent to council appealing, council replied asking for copy of blue badge. Copy sent by post, nothing further heard until hand delivered letter from bailiff on Monday evening.

Tuesday morning, TE7 and TE9 filed. Email sent from court to council, court says at 4pm, council says they received it at about 430pm. Council cannot confirm whether or not anybody looked at the email yesterday; just said it’s checked daily but "if it's too late in the day then we won't be able to tell the bailiffs" and intimated very strongly that this is why the bailiff wasn't called off.

Tuesday evening (yesterday): bailiff turns up and clamps car and tells her he has called the tow truck. She doesn’t have the money to pay (for what it’s worth, she has cancer and gets DLA high level or whatever it’s called). She explains she’s filed the out of time declaration; he says nobody’s told him.

She calls me, I go over there and talk to bailiff and get nowhere despite showing him the TEC email acknowledgement and pointing out she has £0 disabled tax disc. Friend is in such a state, that I pay.

Complications: she has had several address changes over past few years due to being in temporary council housing and we're not sure when she updated her address with DVLA. I called the DVLA to ask about getting a history of any and all changes on her V5 but they said that this could take up to 4 weeks! She thinks that she was getting V11 (tax disc renewal reminders) to her current address, certainly in spring of this year and she thinks, spring of last year - we're currently ransacking the house trying to find these.

Council, however, say that they request the address of the keeper on the date of contravention and send all the paperwork there. When I asked them - but what if someone moves before receiving the paperwork, the answer was that a "normal" person would have their mail redirected so it wasn't the council's fault that she hadn't received it. They also deny receiving a photocopy of her blue badge that they'd asked for in an email - and she doesn't have a proof of posting slip.

Council have said to write in with all this for them to consider whether or not to accept or reject the out of time declaration, but gave very strong impression that they would reject and also ask the court to reject it.

please join this site and post the above (include the bailiff firms name and the council

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?168-Bailiffs-and-High-Court-Enforcement-Officers

as far I can see from what Ive read yes the bailiff acted unlawfully im not an expert but tomtubby is and I took it from an post of hers



The warrant of execution that he gave her is for a PREVIOUS address, not the one she lives at now - hallowitch - you seem to imply that this is illegal?

Sorry, it’s somewhat disjointed – she doesn’t exactly have an up to date filing system and we’re both still kind of reeling from it all. We’re going on a concerted paperwork hunt later.

Again, thanks for any help that can be offered.

if your appeal is successful you will get your money back

dementedfeline

Thanks again, hallowitch. Doing that just now.