NOTICE OF ENFORCEMENT FOR PCN (REGISTERED KEEPER WAS NOT DRIVER)

Stop or Suspend Enforcement. Appeal the PCN. Claim Damages for Unlawful Interference with Vehicles.
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Lh2017
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Joined: 23 May 2017 22:48

#1 NOTICE OF ENFORCEMENT FOR PCN (REGISTERED KEEPER WAS NOT DRIVER)

Post by Lh2017 » 14 Jul 2017 10:18

My partner has recieved a notice of enforcement stating that a liability order has been made against him for unpaid PCN. I would have been the driver of the vehicle not him AND he did not recieve a notice to owner...

The letter from the Bailiffs has his surname spelt incorrectly (does that mean it is not valid?)

They have given us until 19th July to pay.. do you have any advice please?

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Schedule 12
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#2 Re: NOTICE OF ENFORCEMENT FOR PCN (REGISTERED KEEPER WAS NOT DRIVER)

Post by Schedule 12 » 14 Jul 2017 21:08

Lh2017 wrote:
14 Jul 2017 10:18
My partner has recieved a notice of enforcement stating that a liability order has been made against him for unpaid PCN.
Liability orders are used for the enforcement of unpaid council tax.

I expect this is a warrant of control, issued under CPR75 for the non-payment of a traffic debt.


I would have been the driver of the vehicle not him AND he did not recieve a notice to owner...
That indicates the address for the registered vehicle is wrong.

The letter from the Bailiffs has his surname spelt incorrectly (does that mean it is not valid?)
No. but if the ADDRESS is wrong then its invalid.


They have given us until 19th July to pay.. do you have any advice please?
No. but if the ADDRESS is wrong then its invalid.

The keeper of the car must make a late appeal on the grounds he did not receive a Notice to Owner (NTO), and see if the wrong name resulted in non-receipt of the NTO.

Here is how to appeal a PCN:

http://www.dealingwithbailiffs.co.uk/St ... ailiff.htm

I don't think the appeal will succeed with just a wrong name, but if you can show the address is wrong and support it with evidence.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

Lh2017
Posts: 25
Joined: 23 May 2017 22:48

#3 Re: NOTICE OF ENFORCEMENT FOR PCN (REGISTERED KEEPER WAS NOT DRIVER)

Post by Lh2017 » 15 Jul 2017 07:57

The address for the registered vehicle is correct but we never recieved a NTO. I've found the form we need to complete to state the NTO wasn't recieved (although I imagine they will just argue that if the right address was on it then its deemed recieved so long as it leaves them correctly?)

Either way - by sending those forms and letting them know the NTO wasn't recieved does that stop the Bailiffs having any power? I checked the letter again and it definitely states a liability order has been made within the letter titled 'notice of enforcement'.

Once we contact the TEC with the form do we get the chance to appeal the original PCN or if they decide no error was made on their part (i.e with the address) does that mean it goes back to bailiffs?

Thank you

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Schedule 12
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#4 Re: NOTICE OF ENFORCEMENT FOR PCN (REGISTERED KEEPER WAS NOT DRIVER)

Post by Schedule 12 » 15 Jul 2017 10:00

Lh2017 wrote:
15 Jul 2017 07:57
The address for the registered vehicle is correct but we never recieved a NTO. I've found the form we need to complete to state the NTO wasn't recieved (although I imagine they will just argue that if the right address was on it then its deemed recieved so long as it leaves them correctly?)
The court will follow section 7 of the Interpretation Act 1978, and that doesn't come out in your favour, I'm afraid.


Either way - by sending those forms and letting them know the NTO wasn't recieved does that stop the Bailiffs having any power?

It only suspends the enforcement power. Paragraph 8.1 of Practice Direction 75.

I checked the letter again and it definitely states a liability order has been made within the letter titled 'notice of enforcement'.
The bailiff company might be using council tax template letters.


Once we contact the TEC with the form do we get the chance to appeal the original PCN or if they decide no error was made on their part (i.e with the address) does that mean it goes back to bailiffs?
The TEC can either stop enforcement or remove the suspension of enforcement - which means it continues where it left off.

You MUST show the address is wrong.



Thank you
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

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