WHAT CAN I DO IF MY CAR HAS BEEN LOCATED BY BAILIFF'S USING ANPR?
As mentioned on the previous page, the bailiff would know instantly by looking at his onboard computer what address all of the statutory documents and letters from the bailiff company would have been sent. This is provided to him by what is called a Warrant of Execution. This is the legal form to allow the bailiff to pursue you for non payment of the parking ticket (PCN). He must by law provide you with a copy of the Warrant of Execution if your goods are seized or payment made.
From many cases that we hear of, the bailiff has refused to provide a copy of the Warrant of Execution in this situation....and indeed some bailiff's may even refuse because they know that the address is not where the motorist is now living. It is important to know that his onboard computer will not only provide the bailiff with the address where letters had been sent......it will also provide the computer notes recording any previous visits to that property!!!
If this situation does happen, then it is without doubt that the police should be aware of the discrepancy with the address.
If all of the statutory notices had been going to a wrong address then the motorist cannot be liable for payment. Instead, it is a very simple matter of filing an Out of Time late Statutory Declaration with the Traffic Enforcement Centre. There are further details on this in our Parking section.
We have also had many reports where a vehicle was located by bailiffs using ANPR where it was later discovered that the Warrant of Execution had expired and yet bailiff's were still pursuing the debt !! This is clearly illegal action by the bailiff as the warrant is valid for just one year and cannot be renewed.
From cases that we have seen, there are many reasons why the vehicle owner would not have received any documentation concerning the parking ticket. These have been where the motorist has moved home since incurring the PCN, has been working abroad, marital breakdown etc. We have even had cases where students have been living at university but their vehicle is still registered at their parents home. In all such cases an Out of Time late Statutory Declaration can be filed on the grounds that you did not receive the Parking Charge Notice.
If this application is successful this will ensure that the Warrant of Execution is revoked. This will then enable you to apply for a refund of any charges that you have paid to the bailiff company.
Please note: If you car has been clamped or even sold by the bailiff company in the past and you now discover that the documents were going to a previous address, then you can still file an Out of Time late Statutory Declaration and again, if successful, this will enable you to instigate an action to recover the costs paid by you or even to make a claim for the loss of your vehicle !! In this situation has applied, you may wish to contact our office for further advice.
|
