PCN Appeal, do goods cease to be bound?

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Schedule 12
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#1 PCN Appeal, do goods cease to be bound?

Post by Schedule 12 » 24 Oct 2017 20:28

I have a client who appealed a PCN and while it was being considered, he sold his van. The bailiff company are threatening him for selling goods bound under Schedule 12.

There is a possibility the goods might not have been bound when he sold it. Here is why:



PD 75 Para 8.1 states:
  • Applications to suspend a local authority warrant of control
    8.1 Where –

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

    (2) before that application is determined, a local authority warrant of control is issued,

    the local authority must suspend enforcement of the local authority warrant of control until the application for an extension order is determined.



The question is: does that mean the enforcement power ceases? (albeit temporarily)

Para 6.3 states:


  • 6(1)For the purposes of any enforcement power the property in goods of the debtor ceases to be bound in accordance with this paragraph.
    (2)The property in any goods ceases to be bound—

    • (a)when the goods are sold;

      (b)in the case of money used to pay any of the amount outstanding, when it is used.


    (3)The property in all goods ceases to be bound when any of these happens—

    • (a)the amount outstanding is paid, out of the proceeds of sale or otherwise;

      (b)the instrument under which the power is exercisable ceases to have effect;

      (c)the power ceases to be exercisable for any other reason.

Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

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Pote Snitkin
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#2 Re: PCN Appeal, do goods cease to be bound?

Post by Pote Snitkin » 24 Oct 2017 21:45

Part 3 (c) of that last part seems to cover any scenario to be argued.
On 29/07/17, Compo said "If you are interested I actually typed the word label. My spell checker interpreted it as liable" Discuss.

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#3 Re: PCN Appeal, do goods cease to be bound?

Post by Pote Snitkin » 24 Oct 2017 21:50

You could also argue the usual definition of 'suspend' - Temporarily prevent from continuing or being in force or effect.

You'd argue that to suspend the warrant means that it has no power during the period of suspension.
On 29/07/17, Compo said "If you are interested I actually typed the word label. My spell checker interpreted it as liable" Discuss.

Edd
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#4 Re: PCN Appeal, do goods cease to be bound?

Post by Edd » 24 Oct 2017 22:40

Let's cut to the chase.

Failure to pay allegedly means you lose your van/vehicle? Proportionate response and action let alone punishment? Really.

Then let's go one step further - if such losses are incurred, those implying payment or threatening to take said van to fulfil this alleged loss must i presume surely prove this beyond reasonable doubt. And provide clear evidence that somehow, someone else has lost out, or suffered financially, to the amount claimed. Before causally stating "that van belongs to us?"

In short - it is bollocks. It is extortion. Please prove otherwise. Lawfully.

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