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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70003
Experience:  Over 5 years in practice
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Hi,I have received a threatening text from a bailiffs office

Resolved Question:

Hi,I have received a threatening text from a bailiffs office over unpaid parking fines,I'm at my wits end as I have an email from the governing body,the ,DVLA Driving and vehicle licencing agency,stating that I was not the registered owner and had sold the vehicle on when the parking fines were issued,please hope you can help,my kids are crying,my wife's crying,I just don't know what to do
Yours ***** *****
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What would you like to know about this please?
Customer: replied 2 years ago.
Hi,if I have proof that I was not the owner of the vehicle,plus I'm waiting on important information from the person who owns the vehicle now.what or how do I stop the bailiff coming to my flat to remove goods to the value of,£4200.00.
Expert:  Jo C. replied 2 years ago.
That is not the issue at this stage.
Is there a finding against you at the Adjudication?
Customer: replied 2 years ago.
Sorry I dont understand the question,I'm sorry about this.
Expert:  Jo C. replied 2 years ago.
Ok.
Did you receive a parking fine to the car?
Customer: replied 2 years ago.
The first bit of information I have received was a bailiffs notification letter approximately 3 to4 weeks ago.
Expert:  Jo C. replied 2 years ago.
Did you declare this vehicle SORN before the fines were issued?
Customer: replied 2 years ago.
The sorn or statuary off road notice is only if the vehicle is going to be off the road for a while,but I did give the buyer a reciept of purchase,the small green strip off the log book and sent the rest of the logbook off to the dvla,but now I also have confirmation from the DVLA that I was Not the owner when the fines were issued.
Expert:  Jo C. replied 2 years ago.
Ok.
How quickly did you send off the V5 after sale roughly?
Customer: replied 2 years ago.
The same week.
Expert:  Jo C. replied 2 years ago.
Have you received nothing about this fine?
You should have got a notice to owner, charging certificate and a warrant of execution?
Customer: replied 2 years ago.
No nothing,just the notice of intent from the bailiffs
Expert:  Jo C. replied 2 years ago.
There must be a finding against you. It is odd that nothing has been sent.
In any event, if you have confirmation from the DVLA that you were not the owner of this vehicle then you need to file an application to the court to stop the bailiffs acting using the N244 form.
Also, you need to make an out of time statutory declaration covering the issue of why you did not appeal the fines in time. The answer is that you didn't know anything about it until the bailiffs wrote. That might be refused but you can appeal and then it will succeed.
You then need to make an in time stat dec to the effect that you didn't get the fine. You can only do this if its true of course but on your account it must be.
That will lead to the matter being set aside. They may reissue but then you would have a defence because you can prove you were not the keeper at the time.
You must act upon this urgently though.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.
Is there anything I can say to the bailiffs as they just keep saying that is irrelevant what I say or do they will be coming to seize goods I'm petrified.
Expert:  Jo C. replied 2 years ago.
No. Not that will stop them.
You need to get a court order stopping them.
Customer: replied 2 years ago.
So will I just have to pay the bailiffs and just claim it back when this all gets resolved?
Expert:  Jo C. replied 2 years ago.
No. You can do that but you can also do what I suggested above.
Customer: replied 2 years ago.
Sorry I didn't explain properly,they said they will return this evening with a van,what do I tell them,I'm really sorry about this.
Expert:  Jo C. replied 2 years ago.
Just park your car many streets away and don't let them into your house.
If you haven't let them in already and they haven't made an inventory of your goods you are free to do that.
Jo C., Barrister
Category: Law
Satisfied Customers: 70003
Experience: Over 5 years in practice
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