Bailiff Left A Document At Your Old Address
You’ve moved, and the bailiffs have left a document at your old address.
The Warrant of Control is a flawed instrument, rendering any enforcement action taken under it invalid.
When a bailiff leaves a red letter at your previous address urging you to get in touch, this is a tactic to obtain your new address so that they can carry out illegal enforcement action.
It's advisable not to respond, as bailiff companies abandon unpaid traffic debts after 90 days from the date on the Warrant, and statutorily 12 months after the date on the Notice of Enforcement (NOE).
While official guidance suggests completing forms PE9 or PE2 with the Traffic Enforcement Centre (TEC) to respond to the traffic contravention. This tactic is to get your new address and reissue a Warrant of Control to reinstate enforcement.
Given that the existing Warrant of Control is a "defective instrument" due to the outdated address, it's prudent to take no further action.
Otherwise, the TEC will likely dismiss your PE2 or TE9 application because your address on the TE9 or PE2 does not match the address on the Warrant of Control.
Your failure to update your V5 address with the DVLA does not legitimise the enforcement or re-validate the Warrant; the Warrant of Control remains "defective".
Bailiffs might threaten to find your vehicle on the street with an ANPR camera.
Still, if bailiffs find your new address, you may have grounds to take legal action for enforcement without giving a NOE at your new address, in breach of Paragraph 7.1 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007.
See if the Warrant of Control is valid. Start by getting the Penalty Charge Notice (PCN) number(s), which consist of two letters followed by eight digits, and contacting the TEC on 0300 123 1059.
You will undergo a security check, during which you must give your postcode. Say the postcode on your V5 logbook, not your current one.
If the TEC accepts your old postcode and you pass the security check, the Warrant of Control is defective.
A defective warrant cannot be enforced without exposing the applicant authority to liability for damages. You are entitled to seek compensation for any enforcement action taken under this defective warrant under Paragraph 66(1)(b) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007.
You may choose to pay the authority directly. Should they refuse payment and you have grounds to challenge the original traffic contravention, you may file a PE2 or TE9 application using a proxy address. Even if a new warrant is issued, it will remain defective and bailiffs will attend the proxy.
If you update your V5 with the DVLA, the TEC will issue a new warrant reflecting your new address and bailiffs will turn up.
If enforcement is threatened under a defective Warrant, issue a Rule 6 Notice to the authority, requesting they stop enforcement and revert the PCN to its original amount, allowing you to pay or challenge it.