Hello all!
I hope you are all doing well.
I have received an sms text from Bailiff telling me to pay. They have provided a link to website to pay around £500 but there was no information regards to what was the offence and on whos behalf they are asking the money for. Therefore I have ignored it assuming it is a scam. Month after I have received an email from same Bailiff but in this case they have provided information that it was in relation to my local council. I have reached out to the bailiff (by email) asking them what was the offence. They refused to tell me without me giving them my name and address first - I refused to give them those information, I have decided to contact council directly without giving council my name and address as well, I just gave them the registration plate and asked for anything outstanding.
I know that I have received a ticket for Yellow box junction - My car's back was found to be standing on the yellow box while standing in the traffic. (I thought I will fit behind the other car but the other car decided to leave plenty of space in front of him hence half of my car was in the yellow box). There was plenty of room in the box yet I understand it is London hence they will argue for every millimetre.
Long story short:
The car was registered in the DVLA at the old address with my name and surname misspelled (one letter in the name, one letter in the surname). Timeline is: I bought a car in 2017 > I moved in 2019 (forgot to update address at DVLA and to correct the misspelled name) > In 2021 I have split with my ex while still living with her for some time, she was using the car on daily basis and she committed the offence > Early 2022 I sold car to my ex, she registered it on her > Middle 2022 I moved out for the second time.
I believe that's why they are contacting me over text and email, they do not have how to locate me or how to legally find correlation between the misspelled name, old address and old car to me - hence why they are trying to trick me into giving myself in.
Don't get me wrong. I know I made a mistake by not updating DVLA in the first place. I am a student and I support myself solely, studying while working everyday is not easy, my ex was a mess and she caused a lot of trouble. That was my first car that did not even costed 200 quid. My ex did almost 30 bus lane offences within a year after our breakup and I had a lot of stress due to this, as I had bailiff at my door (got away with - out of time statutory declarations for each offence and my ex signing document that she committed the offences). I believe that is enough for me to understand my mistake and I do not want to go through this mess ever again.
What are the chances that bailiff will connect the misspelled name to my real name, old address(es) to new address and my old car - to me?
I never used my name in any communication with the bailiff or with council (I contacted the council giving them reg number only as to find out what is the offence). My ex as well as my ex landlord do not know where I live now
I am also planning to move abroad in 1-2 years time, will they chase me after that silly yellow box junction to another country?
Mispelled name, old address, no longer own the car
Re: Mispelled name, old address, no longer own the car
The bailiff is trying to find your new address, and they are texting the mobile number you put on the V5 green slip when you first registered the contravention vehicle.
This article explains how to deal with a text pest.
https://www.stopthebailiffs.uk/are-bail ... sages.html
The correct procedure a bailiff must follow is to return the warrant back to TFL who can decide whether to find your new address and apply for a new warrant specifying your new address. Civil Procedure Rule 75.7(7).
Instead, the bailiff has taken the law into his own hands and trying to get a money transfer under the warrant with your old address. That warrant is called a defective instrument.
If bailiffs take money or goods (for example, clamp your car) under a defective instrument, the debtor can sue the council for damages and losses. Paragraph 66 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 or section 3 of the Torts (Interference with Goods) Act 1977.
For the time being, you are not liable for anything until the warrant is reissued specifying your current address.
Traffic debts cannot be enforced abroad. The jurisdiction for enforcement is limited to England and Wales. Paragraph 11(1)(a) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007.
I wouldn't concern yourself with filing a PE2/PE3. It's not your job to give TFL and the bailiff company your new address. The bailiff company will bin it after 90 days anyway.
This article explains how to deal with a text pest.
https://www.stopthebailiffs.uk/are-bail ... sages.html
The correct procedure a bailiff must follow is to return the warrant back to TFL who can decide whether to find your new address and apply for a new warrant specifying your new address. Civil Procedure Rule 75.7(7).
Instead, the bailiff has taken the law into his own hands and trying to get a money transfer under the warrant with your old address. That warrant is called a defective instrument.
If bailiffs take money or goods (for example, clamp your car) under a defective instrument, the debtor can sue the council for damages and losses. Paragraph 66 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 or section 3 of the Torts (Interference with Goods) Act 1977.
For the time being, you are not liable for anything until the warrant is reissued specifying your current address.
Traffic debts cannot be enforced abroad. The jurisdiction for enforcement is limited to England and Wales. Paragraph 11(1)(a) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007.
I wouldn't concern yourself with filing a PE2/PE3. It's not your job to give TFL and the bailiff company your new address. The bailiff company will bin it after 90 days anyway.