Definitely worth reading, there are some horror stories on that link.
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[Travel] Bailif advice needed
- Thread starter LockStock
- Start date
Definitely worth reading, there are some horror stories on that link.
LadySeagull
Well-known member
Your situation means you have to submit an Out-of-Time Witness Statement, (or Statutory Declaration depending on what the original PCN was issued for). There is a process where you urgently fill out some forms (TE7 and TE9 I think...but pepipoo will know) and send them to the Traffic Enforcement Centre.
You are almost at the end of the enforcement process, the final stage being payment or seizure of goods; not a good position to be in. I think you need to post on pepipoo, where the Council PCN experts are:
http://forums.pepipoo.com/index.php?showforum=30
The Local Authority might refuse your application to get the case re-set to PCN/appeal stage (and penalty level) so see what pepipoo say about that and how to overcome it. Seen this discussed lots of times, not simple but can be achieved without paying a thug bailiff.
No HOTMAIL emails allowed on pepipoo, you will never be cleared to post, if you try registering with one. And DON'T Post there without pictures of the paperwork, if any...
You are almost at the end of the enforcement process, the final stage being payment or seizure of goods; not a good position to be in. I think you need to post on pepipoo, where the Council PCN experts are:
http://forums.pepipoo.com/index.php?showforum=30
The Local Authority might refuse your application to get the case re-set to PCN/appeal stage (and penalty level) so see what pepipoo say about that and how to overcome it. Seen this discussed lots of times, not simple but can be achieved without paying a thug bailiff.
No HOTMAIL emails allowed on pepipoo, you will never be cleared to post, if you try registering with one. And DON'T Post there without pictures of the paperwork, if any...
drew
Drew
I'd echo that as well! Better still, pay to get your mail forwarded and I doubt it would have got this far!
Baldseagull
Well-known member
Bailiffs can add fees, and costs can go up.
LadySeagull
Well-known member
Yes, they can. But there is a process to rewind this if the OP acts quickly and gets advice from pepipoo forum.
sydney
tinky ****in winky
a year and a half to follow up on a parking infringement.....then 3 x it ...
well out of order.
well out of order.
Justice
Dangerous Idiot
How did they get your mobile number?
drew
Drew
a year and a half to follow up on a parking infringement.....then 3 x it ...
It is a bit odd but bear in mind that he moved shortly after getting the ticket and also sold the car. However, surely if the new owner received the summons the problem would have been quickly identified and DVLA could confirm who the previous owner was and their current address (as the licence was changed). Also, if the new owner of the house received documentation then surely they should have forwarded it on. All a bit odd.
The OP hasn't indicated that he has given his address or the company knows, they may only have his number. Without any paperwork to show the debt or what court issued anything it and that no date and time given or even the car park sounds like bullshit to me.
Randy McNob
Now go home and get your f#cking Shinebox
- Jun 13, 2020
- 4,450
contacting them is probably the worst thing you could have done. From my experience, these companies buy up old, stale unrecoverable debt from other companies in bulk and simply send out round robin threatening letters, hoping they will hook a few people. They have no intention of anything stated in the letter, if they can scare a few people and get a few people to cough up then its gravy for them. They know that previously the debt may have gone to court or has tried to be enforced unsuccesfully so they have effectively given up on it. They don't know if the people still live at the addresses stated, whether they are still alive or anything, they won't waste their time trying to find out as they probably have hundreds of them so they just hope the person makes contact first.
Highfields Seagull
Well-known member
Not an expert by any means, but this is different to private parking companies trying it on. Sounds like a council issued parking ticket/fine - sent to the address the car was registered at at the time (OP's old address). Not forwarded to OP. Having not paid (because unaware) Council started debt recovery process, culminating in getting a court order. And now court appointed bailiffs are trying to recover the money. While the debt secured by the court order will not go up, OP will also be responsible for bailiff costs (because why should the taxpayer be responsible). So every time bailiffs have to do something to try to recover the debt, the amount owed will go up.
Form for filing a statutory declaration (i.e. to explain to the court why you are challenging the order only now) out of time is here: https://www.gov.uk/government/publi...n-to-file-a-statutory-declaration-out-of-time
While it sounds counter-intuitive, it might be an idea to let the court know your current address, so that you don't miss any more court paperwork.
Form for filing a statutory declaration (i.e. to explain to the court why you are challenging the order only now) out of time is here: https://www.gov.uk/government/publi...n-to-file-a-statutory-declaration-out-of-time
While it sounds counter-intuitive, it might be an idea to let the court know your current address, so that you don't miss any more court paperwork.
Justice
Dangerous Idiot
Knowing Blackpool the original ticket was probably about a tenner, gutting for you.
Shropshire Seagull
Well-known member
Don't know for sure but this seems highly suspicious.
The only contact they have had with you [that you've received] is via a text and phone call to a mobile number.
If they know your new postal address [to where to send the bailiffs/boyz] then surely you would expect to have seen a summons to attend court to defend your case posted to this same address?
If they call/text again, ask for copies of all court judgment documentation to be sent recorded delivery to your postal address - tell then you are taking legal advice too
Then you need to do some legwork to establish if these documents are legit - Citizen's Advice might be a good source of expert and unbiased advice.
Good luck - can't be nice having this hanging over you ...
The only contact they have had with you [that you've received] is via a text and phone call to a mobile number.
If they know your new postal address [to where to send the bailiffs/boyz] then surely you would expect to have seen a summons to attend court to defend your case posted to this same address?
If they call/text again, ask for copies of all court judgment documentation to be sent recorded delivery to your postal address - tell then you are taking legal advice too
Then you need to do some legwork to establish if these documents are legit - Citizen's Advice might be a good source of expert and unbiased advice.
Good luck - can't be nice having this hanging over you ...
There is a known bailiff scam where the scammer contacts you on your mobile and tells you that his colleagues are on their way to your home to remove goods after a judgment was obtained against you. If you pay up NOW then the (non-existent) "bailiffs" will be recalled.
I know somebody who got caught by this one to the tune of over £2K.
Sorry it doesn't sound like it at all. No paperwork even after the telephone call, if they are following a court order why haven't they given the details of the court?
Highfields Seagull
Well-known member
Incorrect. From gov.uk - If you do not let a bailiff in or agree to pay them: they could take things from outside your home, for example your car; you could end up owing even more money
Even if a scam did work like that, in that scenario you would still end up with a court order against you which you would be foolish to ignore (that's not to say whether or not you would ultimately pay it).
I agree no payment should be made without seeing some official paperwork, and he'll need that anyway to challenge this via statutory declaration. But OP has not indicated whether he has given the bailiffs his address or not - if he hasn't, how will they send the paperwork? There is a plausible explanation as to why he has received nothing - he moved from the address his car was registered to and any mail has not been forwarded. CDER is a court approved bailiff - the court will most likely be the Traffic Enforcement Centre. I am not saying this is definitely not a scam, but there are indications this is legit, and that he has a court order against him. Failing to deal with that could cause all sorts of problems.
Would a free review of a credit checking site like Experian not reveal whether there is a CCJ against the OP?
So you give them your address would you?
Or go to the council local courts to Blackpool and ask them if action has taken place as you feel you maybe being scammed and not prepared to talk to this company unless proven.
Random texts and harassing calls wouldn't make me give out personal information. The caller, if genuine would text the where, when and who, not just threaten. To give out your address is to invite them around, you may do it, I'm sure I wouldn't.
Highfields Seagull
Well-known member
I haven't said to give out address without checking. I've simply given my view as to why there are indications this might not be a scam (it might be), and should not be ignored. As you say - a check with the relevant council, or the traffic enforcement court, should shed light on it.
Nitram
Well-known member
- Jul 16, 2013
- 2,178
Have you asked them to send you the paperwork establishing their authority? If they are real they won’t have a problem doing so.
If you are worried about giving them your new address details, ask them questions about the case to establish if they are who they say they are. Say you are worried about it being a scam and you want reassurance.
What details do they have? If they have your full name old address and can give you detail about court order dates and detail of the incident including dates more likely it’s not a scam.
I would not do anything until you have the paperwork and tell them that and you want to cooperate.
If you are worried about giving them your new address details, ask them questions about the case to establish if they are who they say they are. Say you are worried about it being a scam and you want reassurance.
What details do they have? If they have your full name old address and can give you detail about court order dates and detail of the incident including dates more likely it’s not a scam.
I would not do anything until you have the paperwork and tell them that and you want to cooperate.