Had a visit, no idea what it's about

Stop or Suspend Enforcement. Appeal the PCN. Claim Damages for Unlawful Interference with Vehicles.
Post Reply
FriedEgg
Posts: 3
Joined: 26 Feb 2018 09:34

Had a visit, no idea what it's about

Post by FriedEgg » 26 Feb 2018 10:00

So we had a visit from the Rossenadals on Sunday morning with a "Final notice of intention to remove goods" for a Road traffic offence. They will be coming around one evening this week to remove goods.

I have no idea what this is about. We have had no letters asking for money, no unpaid parking tickets that we are aware of. Nothing.

What do I need to do to find out what is going on? All I have is the phone number of an automated payment line and a mobile number of a Mr L Morley "ring to pay in full"..

Surely they should be sending letters first if there is some kind of unpaid debt that we have?

John The Baptist
Posts: 387
Joined: 06 Jun 2017 17:22

Re: Had a visit, no idea what it's about

Post by John The Baptist » 26 Feb 2018 10:32

Whose name is the letter addressed to?

Have you moved house at any time recently?

Does the letter tell you the reg of the vehicle involved?
Dodgeball on committal for council tax being a coercive measure - "FMOTL nonsense". Discuss

FriedEgg
Posts: 3
Joined: 26 Feb 2018 09:34

Re: Had a visit, no idea what it's about

Post by FriedEgg » 26 Feb 2018 10:39

It is my name on the letter. The reg of the vehicle is mine.

There is a slight complication in that I have recently separated from my wife, and no longer live there. The car is used by my wife, but is still in my name. The wife swears she has paid all her parking fines etc..

John The Baptist
Posts: 387
Joined: 06 Jun 2017 17:22

Re: Had a visit, no idea what it's about

Post by John The Baptist » 26 Feb 2018 11:08

It looks like your wife has not paid the fine and has not forwarded the letters that have been sent to you.

You probably need to sort out between yourselves who is going to pay for this.

I would contact the bailiff and ask where the offence was committed and who has instructed Rossendales to collect. Also ask for any reference number if you don't have one. Tell him that you have not received a notice of enforcement so will be challenging the enforcement fee. Further state that you don't know anything about the offence and until you have got details from the creditor, you are not sure that you are actually liable for it. Ask that he suspends enforcement until you have had the opportunity to unravel this matter. You then need to consider an out of time appeal. I personally don't hold much hope of you succeeding but there is no harm in trying. Submitting the appeal will suspend enforcement action in any case.

The bottom line is that you were obliged to notify of any change of address so you can hardly complain about not getting letters if you did not do so.

I think that you are going to have to pay the debt, including a £75 bailiff fee. The £235 charged for visiting you could be challenged if they have not contacted you previously at your current address.
Dodgeball on committal for council tax being a coercive measure - "FMOTL nonsense". Discuss

FriedEgg
Posts: 3
Joined: 26 Feb 2018 09:34

Re: Had a visit, no idea what it's about

Post by FriedEgg » 26 Feb 2018 11:24

It does indeed look like that, but we are fairly amicable and I don't think she would lie to me. I did go round and we looked through all the unopened mail (junk mail etc...) but could not find anything. So I do not think that it is a problem of not having any letters forwarded, we really have not had anything sent to us.

The wife doesn't contest the fact that she will have to pay - if there really is something she needs to pay for.

I will contact the bailiff as you suggest and find out more.

John The Baptist
Posts: 387
Joined: 06 Jun 2017 17:22

Re: Had a visit, no idea what it's about

Post by John The Baptist » 26 Feb 2018 11:29

Be prepared for him to tell you that he is going to carry on enforcing until he's told to stop. He doesn't care whether you owe the money or not - He just wants to use his power to force you to pay because he gets around £100 commission if he collects.

Whether he will actually continue or not is a different thing.

As soon as you get the info you need, get the OOT in - That will stop him in any case.
Dodgeball on committal for council tax being a coercive measure - "FMOTL nonsense". Discuss

FriedEgg
Posts: 3
Joined: 26 Feb 2018 09:34

Re: Had a visit, no idea what it's about

Post by FriedEgg » 26 Feb 2018 11:38

Do I have to talk to the actual bailiff, or is there no central office that I can talk to?

John The Baptist
Posts: 387
Joined: 06 Jun 2017 17:22

Re: Had a visit, no idea what it's about

Post by John The Baptist » 26 Feb 2018 11:42

The office would almost certainly tell you that you have to speak with him.


You could put a complaint into Rossendales stating that they are enforcing without giving you 7 clear days notice. Furthermore, you do not know anything about this debt or who the creditor is. Ask them to supply you with this information, take enforcement back to compliance stage and to issue you with a notice of enforcement providing you details of the debt and the creditor so that you can contact them.

You could then text the bailiff and explain that no NoE has been sent to your usual address and a complaint has gone into his office. Ask him not to re-attend until the complaint is resolved.
Dodgeball on committal for council tax being a coercive measure - "FMOTL nonsense". Discuss

FriedEgg
Posts: 3
Joined: 26 Feb 2018 09:34

Re: Had a visit, no idea what it's about

Post by FriedEgg » 26 Feb 2018 14:11

Ok, have spoken to Rossendales now. The debt is for parking in a loading bay. I recall the fine and remember giving the wife a lot of grief about not paying it. I am pretty sure she then did pay it. She told me she did anyway.

Apparently they did send me a letter two weeks ago. I see no sign of this anywhere..

Now trying to get hold of the wife to see what she has to say..

Post Reply