Bailiff Visit - pursuit of unknown debt for congestion charge

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Moog
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Joined: 05 Oct 2017 19:03

#1 Bailiff Visit - pursuit of unknown debt for congestion charge

Post by Moog » 09 Oct 2017 13:03

We were visited by a bailiff last Wednesday 4 Oct demanding payment of £935 from my partner who resides at my property. After some difficulty he was able to establish on Friday 6 October this pertains to court proceedings in August 2010 In Nottingham (we live in Surrey) for non-payment of congestion charge possibly sometime in April or May that year. He had no knowledge of these proceedings. In May that year he left his marital home, and address where any correspondence would have been sent as that was where his car was registered. In early June 2010 he received a driving ban and has not had a car or license since that time. This bailiff visit and demand has come completly out of the blue and I am usure they are allowed to access my property as this was not the address to which original correspondence in 2010 would have been addressed?

The bailiff said he would give us the weekend to come up with the money otherwise he would be returning with a locksmith to force entry.

I am worried out of my mind. Some advice received from CAB talked about this PE2 and PE3 form - is there somewhere I can download this from? please. The other thing is that I am scared the bailiff will come to the property when we are at work (we are certainly not sitting in waiting for him) and break in and take things. All the goods and chattels in the property are mine and my partner owns nothing there other than his clothes and some equipment for his work. The property he brought with him in 2010 he subsequently gave to me as rent etc as he is a self employed decorator and has only worked for about 18 months out of the last seven years (although working at moment); has no savings and has not claimed any welfare benfitis during that time.

Can you offer any advise please to get the bailiff off our back. The company he is employed by/works for is Marston Holdings who say they have no power over him. I dont know whether there is a warrant or any other legal document that he has but I am sitting here at work worried that my house is being broken into. Thank you

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Schedule 12
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#2 Re: Bailiff Visit - pursuit of unknown debt for congestion charge

Post by Schedule 12 » 10 Oct 2017 18:46

If you know the PCN number, then download form PE2 and PE3 and email them to tec@hmcts.gsi.gov.uk

If you don't know the PCN number and it's from Nottingham, then contact Nottingham city council traffic enforcement and give our car registration and search for old PCN's

I have a feeling this is well out of time because a warrant of control only has a service life of 6 years.

Bailiffs cannot break into homes enforcing a parking ticket. If he threatens a locksmith then get it on video using your mobile and report it to police as an offence under section 2 of the Fraud Act 2006, fraud by false representation.

A congestion charge offence is normally dealt with by the Traffic Enforcement Centre rather than court hearings.

I have to admit, I've not seen a case like yours before. I have a sneaky feeling it an old court fine, and if that is the case, then you make a section 14 statutory declaration addressed to your nearest magistrates court.It doesn't matter which court issued the warrant because the bailiff is not forthcoming with any evidence enabling you to identify the origin of the debt. See if this applies: http://www.dealingwithbailiffs.co.uk/Co ... iliffs.htm
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Author: dealingwithbailiffs.co.uk

Moog
Posts: 3
Joined: 05 Oct 2017 19:03

#3 Re: Bailiff Visit - pursuit of unknown debt for congestion charge

Post by Moog » 11 Oct 2017 17:12

Thank you. I think the best course of action may be the section 14 route which we will investigate further. As mentioned above it may relate to court proceedings in Nottingham in August 2010 but it's been difficult finding any information from anybody.

We really do not know what this could be for. There was a lot going in my partner's live in 2010 so it could be parking, speeding, congestion charge or anything. He has not had a car since May/June 2010 so whatever it is occurred before that time when he was living at his previous address. I am also inclined to think that his wife would have thrown away any correspondence addressed to him out of spite.

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