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Jo C.
Jo C., Barrister
Category: UK Law
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Experience:  Over 5 years in practice.
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my ex limited company which is dissolved a week ago has an

Customer Question

my ex limited company which is dissolved a week ago has an outstanding PENALTY CHARGE NOTICE. The bailiff is personally chasing me. Is that legal? He said under the law he can chase the director at home
Submitted: 1 year ago.
Category: UK Law
Expert:  Jo C. replied 1 year ago.

Jomo1972 :

Hi Thank you for your question and welcome to Just Answer. My name is Jo and I will try to help with this.

In order to give you an answer tailored to your circumstances, I will just need to ask you some preliminary questions so that I can consider your position from all angles. What is the debt for?

Customer :

Its from the Ealing Council, for a Penalty Charge Notice, maybe for driving in the bus lane. The bailiff are chasing this and said they have the powers to chase under the Enforcement of Road Traffic Debt. They are aware the company has been dissolved but they said they can chase me personally. The debt is in the name of the former company and not in my personal name. However bailiff still says he can take my personal belongings.

Customer :

FOR JOMO1972

Jomo1972 : I just need 15 mins to look up the law if thats ok?
Expert:  Jo C. replied 1 year ago.
Hi

I'm sorry for the delay. Its taking longer than expected to find this.
Can you give me more information about the enforcement order please? Is this quoting 1993 amendment act?
Customer: replied 1 year ago.

Hi Jo I believe so 'The Enforcement of Road Traffic Debt Regulations 1993 (Amendment Regulations 2003)


 


I think all you need to confirm: As the company was a limited company and now shut, the enforcement notice should also be closed as its for a company which is now closed. They cannot pursue directors as we are not directors as company has closed and has not connection with personal liability.

Expert:  Jo C. replied 1 year ago.
Well, I've looked at that statutory instrument and it seems to just cover fees,

Can you ask him which section ?

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