Bus fine

Stop or Suspend Enforcement. Appeal the PCN. Claim Damages for Unlawful Interference with Vehicles.
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Charlton98
Posts: 3
Joined: 23 Apr 2022 22:38

Bus fine

Post by Charlton98 »

Please advise

I've move house about 10 moths ago.

The person who bought my house to say the enforcement agent was at the premises looking for me.

The are saying have an unpaid bus fine from September 2021 in Manchester.
I was in Manchester at the time so probably guilty 😔
But as I moved house may 2021 I did not receive any correspondence. ( new owner either binned the letters of decided to be funny)

I spoke to the law enforcement officer who said I have till Monday to sort this.
I tried calling Salford council (they only correspond via emai)

I am honest gave my new address to the bailiffs and contact number now I'm petrified they are going to come and pursue the debt

I know I need to pay the fine but where do I stand as I genuinely did nt receive any correspondence and they want £409
zeke
Posts: 245
Joined: 30 Jul 2012 21:23

Re: Bus fine

Post by zeke »

The bailiff is unable to recover the unpaid fine because the warrant has your old address.

That makes the warrant a "defective instrument".

All the bailiff can do is tell the council about your new address.

The council must re-apply to the court for a new warrant specifying your new address under Civil Procedure Rule 75.7(7).

If the bailiff takes money from you under the defective instrument, you can sue the council and get all the money back plus your costs under paragraph 66 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.

You can make the claim using Money Claim Online (MCOL).
Charlton98
Posts: 3
Joined: 23 Apr 2022 22:38

Re: Bus fine

Post by Charlton98 »

Do you think the council will agree this is a misunderstanding and just rectify issue
zeke
Posts: 245
Joined: 30 Jul 2012 21:23

Re: Bus fine

Post by zeke »

You need to make a "Stage 1" formal complaint.
Charlton98
Posts: 3
Joined: 23 Apr 2022 22:38

Re: Bus fine

Post by Charlton98 »

PE3 and PE2 completed
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