Notice of enforcement sent to wrong business

Stop or Suspend Enforcement. Appeal the PCN. Claim Damages for Unlawful Interference with Vehicles.
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Howard
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#1 Notice of enforcement sent to wrong business

Post by Howard » 21 Sep 2017 18:16

Hi all

Just looking for some advice on a frustrating situation we have found ourselves in.

Basically received a notice of enforcement letter to collect a PCN from around 1 year ago. We are a car sales business and checked our records and could not find any records of us owning the vehicle which had got the fine.

We contacted the local authority that issued the fine and after several emails back and forth they finally told us that they had sent all previous correspondence regarding the fine to an address which is not ours but which has the same trading name.

So i thought ok now we know there is a mistake with the address this should be easy enough to sort out but instead it has been a nightmare. Neither the council nor the enforcement agency are interested in what i am telling them regarding the address mix up and the enforcement agents are going to still aim to recover the debt.

Can anyone advise on what we can do in this situation as obviously we do not want to pay a fine + costs for a PCN that was nothing to do with our business.

Any advice appreciated.

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Schedule 12
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#2 Re: Notice of enforcement sent to wrong business

Post by Schedule 12 » 21 Sep 2017 18:43

You can do a pay & reclaim. If the bailiff turns up and he takes control of goods (get this on video and a copy of any document completed by the bailiff to prove the enforcement step was started) then you can pay under duress and do a recovery from the council. You get paid for your time faffing about at £19 an hour.

In any case, the bailiff can only take control of goods that belong to the debtor named on the warrant.

Using your trading name, you can appeal the PCN on the grounds you did not receive the notice to the owner and give evidence of the correct address, and challenge the PCN on the grounds you did not own the car on the contravention date. Here is how to appeal a PCN http://www.dealingwithbailiffs.co.uk/St ... ailiff.htm Enforcement is suspended pending the outcome of the appeal when you email the appeal forms back to the Traffic Enforcement Centre.
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Howard
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Joined: 21 Sep 2017 18:03

#3 Re: Notice of enforcement sent to wrong business

Post by Howard » 21 Sep 2017 19:01

Thanks for the reply

To make things a little more complicated we have moved business premises recently, we only picked up on the enforcement notice when returning to pick up mail. So in this situation i have no idea whether the bailiffs are visiting or not, i have sent several emails to the bailiff company who just seem to ignore all my information.

I did consider emailing the details of the situation to this TEC but will this help at all in this situation ?

The car never belonged to us and the council have already admitted they have sent all correspondence to a totally different address so i would of thought the warrant would be invalid in some way anyway ? How on earth can they just send an enforcement to a random address but with the same trading name ?

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Schedule 12
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#4 Re: Notice of enforcement sent to wrong business

Post by Schedule 12 » 21 Sep 2017 19:51

If the NOE has the wrong address then it wasn't given.

Do not contact the bailiff company. They will mess you about.

The legal position on enforcement addresses is the bailiff can take control of gods at an address the debtor usually trades. If that is your current address, then they can enforce there. The address on the Notice of Enforcement is wrong, and that can cause the enforcement to fail because the notice has not been given to the debtor.

Bailiffs will try it on, but in your case, you should work on getting the appeal done, and that suspends enforcement. Stop the problem now.
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Howard
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#5 Re: Notice of enforcement sent to wrong business

Post by Howard » 21 Sep 2017 20:40

Thanks again for the reply

Can a bailiff visit your home address if the NOE is addressed to a business name and commercial premises ? assuming they can track you down would the warrant be valid ?

Also with regards to an appeal, just to understand it correctly if i ring the TEC then i can appeal with them directly ?

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Schedule 12
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#6 Re: Notice of enforcement sent to wrong business

Post by Schedule 12 » 21 Sep 2017 21:20

The bailiff can only attend where the debtor trades from. As the debtor is a body corporate, he does not trade from a directors private home. If a bailiff attempts enforcement at a director home address, then everything fails and the creditor and enforcement agent are jointly liable for everything.

Ring the TEC as described in the link in my previous post.
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Howard
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#7 Re: Notice of enforcement sent to wrong business

Post by Howard » 26 Sep 2017 09:36

Ok so last Friday i tried to ring the TEC with no answer at all. I sent an email in to them explaining the situation and then had a automatic response saying that only witness statements etc would get a reply. So i decided to send in a TE7 and TE9 form also explaining the situation as best as i could.

I have heard nothing back as yet, any idea how long they take to respond?

Also i have sent another email to the local authority explaining the mistake that has been made but as usual just get a frustrating reply of "its nothing to do with us - speak to the enforcement agents "

Should i persevere with emailing the local authority as obviously the warrant of control has been issued in the wrong address.

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#8 Re: Notice of enforcement sent to wrong business

Post by Schedule 12 » 26 Sep 2017 13:46

It takes up to six weeks.

The local authority is liable for its bailiffs, so it's pointless fobbing you off with them. The authority will have to pay the cost of defending the claim and refunding any money taken.

Once the forms are lodged, then the enforcement is suspended. It's in real time from when you email the TEC with the completed forms and will show on the bailiff's device straight away.
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Howards
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#9 Re: Notice of enforcement sent to wrong business

Post by Howards » 14 Oct 2017 15:35

So i sent the forms te7 and te9 back to the tec on 22 September and have had no reply at all ? is this normal.

I am also still getting threatening letters from the enforcement agents saying they are coming to seize goods unless i pay within 7 days ?

What is the best course of action here?

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Schedule 12
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#10 Re: Notice of enforcement sent to wrong business

Post by Schedule 12 » 14 Oct 2017 20:55

Call the TEC on 0300 123 1059 weekdays. Press 6 to skip robots and give the PCN number. Ask for the status of the appeal.

The Bailiff can only take An Enforcement step when the warrant is live. Otherwise he is liable for everything.

It's usually about 4 to 6 weeks for appeals to be processed.
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