Bailiff help urgent

Greeneve

And the guy said on Facebook he lost his receipt too because I asked for a copy. I also have 3 witnesses that were there when I sold the car

TheDebtinator

It wont matter about the witnesses if they're known to you, they have to be independent.

nannytone_2

so you never had a log book?

you never phoned and asked for one or got one in your name?

if so, how can they chase you if you were never the registered owner?

just to add, the fact you don't have a livence is irrelevant, many people drive around without one

National_Debtline

Hi Greeneve,


This does seem to be a stressful situation and I can understand why it is so upsetting. Unfortunately, LJB290 is correct. When you sell the car it is the sellers responsibility to tell the DVLA. I understand the guy who bought it said he take care of it (and it is understandable - especially if you didn't have a Log Book at the time of the sale) but, unfortunately, that doesn't change the fact that the DVLA require you to do this.


How long have you been waiting for this DVLA letter? I sincerely hope it comes and that the council agree to cancel the ticket; but, regrettably, it is not my experience that the DVLA would do such a letter. The registered owner of a vehicle is always held liable for a PCN and if you didn't change the ownership of the vehicle - I am afraid that is you.


So, your choices from here are to wait for the letter from the DVLA (do they know to send it to your mothers address) and keep your fingers crossed that will solve things. But if it doesn't, you could write to the council, ask them to take the debt back from the bailiffs and let you make a payment plan for them for the original ticket (this is at the councils discretion and is also quite rare). If you didn't receive the original ticket you could do a late statutory declaration on this ground (if successful it should wipe out the bailiff charges). Failing all of this, you would need to negotiate to repay the bailiffs (including their fees). Complete a SOA, only offer/ save what you can afford. I hope you get it all sorted, good luck.


Laura
@natdebtline

Herbie21

Greeneve wrote: »

Hey guys would greatly appreciate some advice on my situation.

I received a letter on the 18th of January from jacobs enforcement agents, stating that I have a debt for a parking ticket dated the 6th of June 2015. For the car in question, I sold it in January 2015 and the guy I sold it to said he was going to ring up and get the log book and change the details, which I have now learnt he never did.

However when I ring jacobs to confirm that the letter will be there soon, the woman said 'oh we can't accept a letter from the dvla anymore, the case has been going on too long', which is totally ridiculous, I have only received one letter from them the whole time and moved from the address that they previously had for me in may 2015 and the offence was June 2015. If I would have been made aware of the debt earlier I would have gladly proceeded to sort everything out.

I have read back on all your posts and correct me if I am wrong but my understanding is that you sold your in Jan 2015 and in June 2015 the vehicle was involved in a parking contravention.

You then say that you have received a letter from Jacobs and that when you spoke to them they have advised you that all notices had been sent to your old address (which you moved out of in May 2015).

If you had moved out in May then clearly you would not have received the Notice to Owner (or other statutory notices). Most importantly, you would not have been able to appeal the PCN.

The way to resolve this matter is actually very SIMPLE.

You need to file an Out of Time witness statement with the Traffic Enforcement Centre. All enforcement by Jacobs will then cease while your application is considered (approx 6 weeks). I would strongly suggest that you include with the application a copy of the letter from DVLA and any evidence that you moved out in May 2015.

Have a read through the following page and if you have any questions, please post back.

http://bailiffadviceonline.co.uk/index/traffic-enforcement-centre-tec/out-of-time-witness-statement


Bailiff Advice Online

Greeneve

Had a read about the out of time witness statement, might be well worth my time to give them a call and explain my situation to them and get a form filled out. Shall I call them direct or ask the citizens advice?

Herbie21

Greeneve wrote: »

Had a read about the out of time witness statement, might be well worth my time to give them a call and explain my situation to them and get a form filled out. Shall I call them direct or ask the citizens advice?

You can simply send a question and I will deal with it in the morning for you.

http://bailiffadviceonline.co.uk/contact-us/submit-a-question


Bailiff Advice Online

Greeneve

Hey guys thought I'd update the thread, just in case anyone has a similar problem in the future and needs some advice.

I received the letter from the dvla saying my details had been taken off of the ownership of the car, from the date that I sold it. It also said in a bullet point 'please show this letter if you receive any tickets against the car'

I forwarded the letter to the council that originally issued the fine (not jacobs), with a covering letter explaining I am not liable. And emphasising the bullet point on the dvla letter.

A week later I called the council to confirm they had received my letter. And the lady confirmed they had and the warrant had been withdrawn from jacobs, and the parking ticket squashed in my favour. I got an email confirming and also a written letter which I will keep in my records.

YAY! for a second there I didn't think it would be squashed because jacobs kept saying they wouldn't accept a dvla letter, seek legal advice, and the council said they required a receipt of the sale of the car - which I couldn't find at the time (but I did find it later once I had moved and scoured my old records that had been packed, but that was after I had forwarded the dvla letter so I never showed the council the receipt!)

Very happy, a weight has been lifted.

These bailiff places really LOVE to scare you into paying no matter if you are liable or not. I really wanted to ring jacobs back up and rub it in their face and tell the rude staff that they should get a real freaking job!!!

Good luck to everyone in the same situation, there's a very good Facebook group called 'beat the bailiffs and the banks', it has lots of advice, and people in similar situations. I don't own the group, just joined it when I had this whole ordeal! Worth joining, and worth posting your questions on here - would have never known about out of time witness statement, I would have used one had I needed to!

Thanks for everyone's replies!

sourcrates

Very well done, great result, good example of why you should always keep paperwork !!! lol