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Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 69531
Experience:  Over 5 years in practice.
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The council put double yellow lines directly outside my

Customer Question

Hi,
The council put double yellow lines directly outside my house a few years ago and since then I have been receiving numerous PCNs because there has been no other place to park. To cut a very long story short, I refused to pay the fines and the debt was passed to an enforcement agency, which led to them taking my car. I only managed to get the car back by signing a 'Controlled Goods Agreement'. However, the car registration number which they put on this 'contract' is incorrect. Does this mean that the contract is invalid / void?
Many thanks in advance and Best Regards,
Daniel
Submitted: 11 months ago.
Category: UK Law
Expert:  Jo C. replied 11 months ago.

Do you mean walking possession?

is this with bailiffs?

Customer: replied 11 months ago.
I think it used to be called a Walking Possession, but has been recently re-named as Controlled Goods Agreement. Yes, with bailiffs
Expert:  Jo C. replied 11 months ago.

Ok. Is the description otherwise accurate?

Customer: replied 11 months ago.
The description is accurate, only the registration is incorrect.
Expert:  Jo C. replied 11 months ago.

This is the old walking possession agreement and you could argue that this one does not adequately denote the item in question.

However, the practical reality is that could fail. It depends how badly wrong the index number is ***** how distinctive the other description. Also these documents are usually signed by the debtor which is usually fairly fatal.

Also, all that would happen even if you succeeded is that they will return and then there will be more costs racked up. Local council bailiffs do not give up I’m afraid.

I’m very sorry but that is a reality.

Can I clarify anything for you?

Jo

Customer: replied 11 months ago.
I understand they won't give up. My fault for being stubborn with the Council and burying my head in the sand. I want to sell the car, hence trying to nullify this agreement. I thought it could be classed as void due to the incorrect registration being a false statement (fraudulent misrepresentation) ?
Expert:  Jo C. replied 11 months ago.

No, I wouldn't go that far.

A walking possession agreement should specify the item subject to that agreement and with cars an index number is *****

You could challenge it but I wouldn't guarantee success.

You are taking a risk.

Customer: replied 11 months ago.
Ok, how do I formally challenge? Do I write directly to the bailiffs, or a court?
Expert:  Jo C. replied 11 months ago.

You could write to the bailiffs but to stop enforcement action against that vehicle you would have to seek a stay of execution. There probably is a form to cover it but I would just use the usual N244 forms.

Do bear in mind that you are liable for costs if you lose.

Customer: replied 11 months ago.
Ok, thank you for the help. It's probably best just to pay the debt off and learn a lesson. Thanks again
Expert:  Jo C. replied 11 months ago.

Unfortunately with council PCNs it probably is.

No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

Customer: replied 11 months ago.
OK, thank you, ***** ***** your profile. All the best to you too!
Expert:  Jo C. replied 11 months ago.

You are welcome. Please remember to rate my answer.