Bristow sutor bailiff attending wrong address

Stop or Suspend Enforcement. Appeal the PCN. Claim Damages for Unlawful Interference with Vehicles.
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Muckingfagic
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Joined: 30 Oct 2017 18:52

#1 Bristow sutor bailiff attending wrong address

Post by Muckingfagic » 06 Nov 2017 17:23

A bailiff has knocked at my parents house claimed in to be acting on behalf of Nuneaton and Bedworth council to collect a debt for a parking ticket.

I do not live at this address and haven't for over 3 years. None of my mail goes to this address nor am I registered to this in anyway. I purchased my car while living at this address I know being nieve is no excuse but I wasn't aware I had to update my v5 when I moved. I have updated my driving licence and insurance details.

I have spoken to Nuneaton council to find out where this ticket has cone from. It was from parking in the carpark next to house (I now have a permit to park there, the ticket was awarded while I was awaiting the permit) they confirmed I actually had 2 out standing tickets one which had be possible it in the hands of bristow and sutor, the other which they said I could pay direct (which has now been paid) neither of these tickets were found on the car (i have now had photo proof of both) unfortunately kids in the area seem think it great fun to remove them.

The bailiffs have attended my parents house twice now and both times they have explained I do not live there. They are trying to collect £300+ for a £50 fine I never received. I have spoken to the council about it on the phone and email they just tell me to contact bristow sutor which isn't very helpful at all.

Do I have any options other than paying the bailiff? I have still had no contact at my address

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Schedule 12
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#2 Re: Bristow sutor bailiff attending wrong address

Post by Schedule 12 » 06 Nov 2017 21:44

JUst pay the council the PCN's minus the fees. The bailiff cannot recover fees because they don't know your address and cannot use the Schedule 12 enforcement procedure. Alternatively, appeal them. In any case, never give a bailiff your new address, they will jump straight to enforcement.

If the council doesn't want the money, then it's your lucky day.
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Author: dealingwithbailiffs.co.uk

Edd
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#3 Re: Bristow sutor bailiff attending wrong address

Post by Edd » 06 Nov 2017 21:57

Amazing what you can find when you search said company on for eg., YouTube? Or when individuals have recorded conversations etc. better still, okay asked awkward but perfectly reasonable questions.

How are such organisations able to get away with it? Why are they allowed to more often intimidate others? Aren't they supposed to be setting an example? Why are more people supposedly tolerating such behaviour? Why not ask the very same questions or with a bit of digging and think to yourself...why?

Muckingfagic
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#4 Re: Bristow sutor bailiff attending wrong address

Post by Muckingfagic » 07 Nov 2017 06:33

I tried paying the council online yesterday using the pcn number. At first they took place payment but then refunded the payment saying it now had to go throw bristow sutor.

I'm more than happy to pay the fine it was my own stupid fault for parking there. If I ignore the bailiff will the price continue to rise? And if they eventually get my address somehow will I be stuck having to pay it then?

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Schedule 12
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#5 Re: Bristow sutor bailiff attending wrong address

Post by Schedule 12 » 07 Nov 2017 12:20

If you got the receipt for payment then the enforcement power has ended.
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Author: dealingwithbailiffs.co.uk

Muckingfagic
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#6 Re: Bristow sutor bailiff attending wrong address

Post by Muckingfagic » 07 Nov 2017 18:26

I have a email from. World pay thanking me for the payment with pcn number. But this has now been refunded

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Schedule 12
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#7 Re: Bristow sutor bailiff attending wrong address

Post by Schedule 12 » 07 Nov 2017 18:33

A refund doesn't revive the enforcement power. Keep the receipt. The law says:
  • Time when property ceases to be bound

    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.

If a bailiff takes an enforcement step then you can sue for damages by bringing an action under paragraph 66 of Schedule 12.



That is taxpayers money the council has thrown away.
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Author: dealingwithbailiffs.co.uk

Muckingfagic
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#8 Re: Bristow sutor bailiff attending wrong address

Post by Muckingfagic » 08 Nov 2017 12:05

Thank you for your reply great to have got done clarify on the subject

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