CCJ for a PCN at the high court

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Kim.cleere88
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Joined: 29 Nov 2017 23:22

#1 CCJ for a PCN at the high court

Post by Kim.cleere88 » 29 Nov 2017 23:25

My friends vehicle has been seized and a notice of sale has been received. I am the debtor. I have included this debt in my bankruptcy which was approved a day after the bailiffs came. The Official Receiver accepted evidence that this vehicle was not my asset.

My friend has provided a receipt, a bank statement, a sworn statement and a letter from DVLA confirming the car has not been in my name since February 2017. The v5 was temporarily in my name for insurance purposes as I was borrowing the car.

The owner has submitted an N244 application. I have submitted a form 4 in relation to a massive list of complaints about the bailiffs conduct. I have also written complaints to both the bailiffs (DCBL) and the creditor (UKCPM)

The vehicle was due to be sold this Monday but I have not seen it on the auction website.

It has been reported to the Police and they have said it is a civil matter. DVLA have also been made aware.

The original creditor and bailiffs are refusing to respond to any emails. On the last phone call I had with them I was told the evidence provided was not enough to prove my friend owned the vehicle as I have to prove I never purchased it. I have emailed them asking if they would like a years worth of bank statements to prove no funds ever left my account for this vehicle. I have no idea how else I can prove I never purchased it or how else my friend can prove it is his.

The only response I have had from DCBL is that the vehicle will not be returned until after the N244 application hearing. Does this mean they are planning on charging the owner storage fees if the Judge deems the vehicle is in fact his?

If the Judge for some unknown reason deems this vehicle is owned by me can they legally sell it if I have been made bankrupt?

I have spoke to CAB, national debtline, payplan and a whole load of other agencies. Any advice would be greatly appreciated!

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Pote Snitkin
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#2 Re: CCJ for a PCN at the high court

Post by Pote Snitkin » 30 Nov 2017 18:29

Kim.cleere88 wrote:
29 Nov 2017 23:25
On the last phone call I had with them I was told the evidence provided was not enough to prove my friend owned the vehicle as I have to prove I never purchased it. I have emailed them asking if they would like a years worth of bank statements to prove no funds ever left my account for this vehicle. I have no idea how else I can prove I never purchased it or how else my friend can prove it is his.
You can't prove a negative. You've provided evidence of your friend's ownership with a receipt and that should be enough, providing it is a proper receipt.

The creditor remains liable for the bailiff's actions at all times - the creditor is UKCPM so this is a Penalty Charge Notice. They would've needed to take you to court. Did you get notice of this?

Your friend needs to do a formal 'part 85' application as detailed here: https://www.justice.gov.uk/courts/proce ... uted-goods

Your friend needs to follow part 85.4. There is no formal document needed but all the info requested must be sent.

If UKCPM dispute it they will need to follow part 85.5

There is also a procedure where you can give notice of an injunction but I don't know too much about it - member 'Schedule 12' can advise on that.

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Pote Snitkin
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#3 Re: CCJ for a PCN at the high court

Post by Pote Snitkin » 30 Nov 2017 18:30

Oops, my error - the PCN is a Parking Charge Notice, not a Penalty one.

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Schedule 12
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#4 Re: CCJ for a PCN at the high court

Post by Schedule 12 » 30 Nov 2017 20:24

An injunction is not appropriate in this case. This is an interpleader claim.

Injunction apply when the regulations are silent on providing remedy, such as taking a car on HP, because Schedule 12 doesn't provide for the driver to interplead hired goods. Section 3 of the Torts (Interference with Goods) Act 1977 provides the remedy.

Interestingly, this week, Newlyn removed another HP car, but quickly released it on the production of the HP document. The car's onboard camera recorded it being lifted off the ground and moved using a forklift rupturing the steering hydraulics and the hirer found the puddle of fluid under it. Last month at the same compound, the BBC news crew filmed cars being moved around the yard using a forklift forcing the wheels to be turned without electrical power to the hydraulics, rupturing them.
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