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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69784
Experience:  Over 5 years in practice
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Dear sir i am looking to seek your help and advice regarding

Customer Question

Dear sir i am looking to seek your help and advice regarding Three PCNs that have been issued to me in September 2013
I was not the owner of the vehicle reg BG55YMF i had sold the vehicle on the 18th September, I have forwarded the relevant information to parking and traffic enforcement ie receipt which had the date of sale and the new keepers details However the enforcement department have said they never received the information and have put the matter in the hands of the Bailiffs we are at present waiting confirmation from the DVLA CONFIRMING the change of ownership date etc we have tried to talk to both the enforcement department and Bailiffs and have been told by both that nothing can be done I am sure that you would not like to see an injustice carried out by your Council

Mr S G Brown
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

What would you like to know about this please?
Customer: replied 2 years ago.

How do i stop the balilfs takeing my goods

Expert:  Jo C. replied 2 years ago.
When was the decision made against you?
Customer: replied 2 years ago.

Don't know received one communication from bailiff co about a month ago then yesterday bailiff notice saying they would taking goods within 24 hurs

Expert:  Jo C. replied 2 years ago.
When you sold the car, how long was it before you sent the V5 to the DVLA?
Customer: replied 2 years ago.

within a couple of days I have contacted DVLA and they confirmed on the phone that ownership was transferred two days before the 1st pcn was issued i am waiting written confirmation but the bailiffs have said they don't care they have warant

Expert:  Jo C. replied 2 years ago.
No, they won't.

I presume you didnt get the original PCN?

Customer: replied 2 years ago.

Yes that is when i told the council that the car had been sold and they asked for proof wanted original copy o receipt which i sent and they now deny getting it sent bak the other pcns saying on the reverse of the notice i was not the owner

Expert:  Jo C. replied 2 years ago.
But the original PCN would normally be attached to the vehicle rather than sent out by post?

You would not have had the car at that time?
Customer: replied 2 years ago.

the penalty notice was from a camera

Expert:  Jo C. replied 2 years ago.
OK.

Did you get the Notice to Owner?

Did you appeal that?
Customer: replied 2 years ago.

Yes as said sent the form back saying i no longer owned the car

Expert:  Jo C. replied 2 years ago.
What were their reasons for rejecting that?
Customer: replied 2 years ago.

never got a reply back so i assumed that was the end of the matter these


pcns were all within a few days of each other so just assumed that the dvla had finally updated there records and Newham council were persuing the new owner


 

Expert:  Jo C. replied 2 years ago.
Thanks.

Your only route of escape now then is to make a statutory declaration to the effect that you made representations to the Notice to Owner and did not receive a response.

You are out of time to do that so you will need to make an out of time statutory declaration explaining why you are out of time. The answer to that I suppose is that you didn't know about this until the bailiffs contacted you. It will probably be refused but if you appeal it then it will be allowed.

Then you need to make an in time statutory declaration explaining that you made representations and did not receive a response.

If that is successful then everything that flows from the issue of the PCN will be taken back to the issue of the NTO. You will have the option to pay or appeal if the Council remember to reissue.

In the meantime you might want to seek a stay of the bailiff's warrant using the N244 forms. You don't have to do that. The stat dec will have the same effect and the fact that you are seeking one is enough to stop some bailiffs from enforcement further but its a double safety measure.

Can I clarify anything for you?

Jo
Customer: replied 2 years ago.

Yes we did get an out of time form but there was no where on the form to put forward the fact we no longer owned the car also where do we get the N244 forms

Expert:  Jo C. replied 2 years ago.
No, thats because its not an issue for the out of time stat dec.

As I said, there is only one ground and that is to explain why you are out of time.
Customer: replied 2 years ago.

And the N244 forms

Expert:  Jo C. replied 2 years ago.
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244-eng.pdf
Jo C., Barrister
Category: Law
Satisfied Customers: 69784
Experience: Over 5 years in practice
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Expert:  Jo C. replied 2 years ago.

Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

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