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Ash, Solicitor
Category: Traffic Law
Satisfied Customers: 10914
Experience:  Solicitor with 5+ years experience
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The D.L.V.C have been sending

Customer Question

The D.L.V.C have been sending out wrong information in regard of my address despite me on a number times informing them of my correct address which they now at last seem to use. I have not paid a couple of p.c.n fines due to not knowing about them because a wrong address as been used to send the notification to me and it cost me over £800 to get my car back from car pound.Once again I am in almost the same situation with a threat from the bailiff to remove my car to the pound again if I do not pay their trumped up charges. An allegation of a bus lane offence was made against me some time ago and not supported with any evidence no police officer issued the ticket to,so it seems that a camera was used.I have offerd to pay the bailiff the pcn fine but but they declined my offer of £100 The bailiffs demand over £600 with their fees and that will fo up if I have to get my car from the pound again. I have wrote to the bailliff to explain the D.L.V.C. had made a mistake with my address and the Royal Mail should have forwarded my mail to me anyway but they did not bother to forward my mail or inform the pcn issuer of my correct address. I live on a state pension and do not have the money to pay the trumped up charges I am disabled and have mobility issues and get a mobilty allowance and have blue badge.I explained to bailiff that I have real serious health issue and asked the bailliff to take in to account my mobilty issues and that I need my car to go to the Kings College Hospital 3 times a week to go on their renal dialysis machine which keeps me alive!!! yet the bailiff continues to ignore my circumstances and refuses my offer to rid myself of the trouble I am no serial offender yet I am treated as one and I am a victim of human error and no more than that. Daniel XXXXXXXX. XXXX XXX [email protected]

Submitted: 2 years ago.
Category: Traffic Law
Expert:  Jo C. replied 2 years ago.
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.

Does law state pcn ticket issuers must follow compliance rules,also do

compliant rules apply to bailiffs as well.Do allegations need to be supported some compelling evidence is evidence important.Does the law state the issuer of a pcn must send out a notice to the alleged offender and does sending the notice to a wrong address qualifie as a notice.

Do bailiffs have to present papers of notice before they remove goods.

Do bailliffs have to offer a chance to pay fine before they remove goods

Do bailliffs need a warrent to remove a car parked on private property and

must they produce this warrent to the car owner? Is a Tesco car park

private property? Do baillifs have the right to refuse payment by instalment.Do bailiffs have the right to charge any amount they want.

What can the public do if they are not able to pay a bailliffs charges

to stop them taking their goods and in my case my car which a i need being disabled,

Expert:  Jo C. replied 2 years ago.

On your specific points

1 It depends what you mean. There are certainly rules.

2 It depends what you mean. Allegations need to be supported but if bailiffs are instructed then its too late for that as there is a decision against you. Their only obligation is to send out a PCN, notice to owner and charging certificate to the address registered with the DVLA.

3 No.

4 No, but they should write to a debtor warning them of their intention to attend and give 7 days notice of that.

5 No. At least, they need authority to act but no specific warrant to remove a vehicle.

6 No.

7 Yes, they can refuse payment in instalments but they cannot charge what they want. They only charge for work actually conducted. That said, if this is a local council fine then £600 would be about standard as the original fine will be about £200 now.

8 If this is a blue badge vehicle then they should not remove that. Normally with bailiffs you just don't let them into your property and park your vehicle many streets away or in a locked garage. If they have already placed it in walking possession then its too late.

If you are saying that you didn't get the original PCN then you can always make a statutory declaration to that effect in the hope of overturning the fine and paying at the lesser rate.

Can I clarify anything for you?

Customer: replied 2 years ago.

I am still in the dark in the dark about my rights as regards of being notified as it seems a farce to me that I can be forced to pay up trumped up baillif costs for not paying a PCN which I knew nothing about because of human error at the DLVC. I also struggle to understand how courts rubber stamp law enforcement without proof or evidence of an alleged offence.In my case I was not given a chance to pay my PCN because I did not know about it because I was not notified or served papers by the bailff or the PCN issuer sending papers to wrong address in my view is not a notice and the law should be clear that a PCN ticket should be given to me directly or intent of action for none payment swould be made known to me to give me a chance to pay yhe PCN.


Expert:  Jo C. replied 2 years ago.

Did you have a specific question about that?

I covered the ones that you originally asked but obviously there is more to this.

I'm happy to discuss this but please leave feedback for my answer.
Customer: replied 2 years ago.


Expert:  Jo C. replied 2 years ago.
I will opt out for you as you were displeased with my answer.
Expert:  Ash replied 2 years ago.
Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

I see the expert has opted out - what else would you like to know?

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