Thanks in advance for any help, as per subreddit rules I live in England.
Last week my car disappeared from outside my house without any notice, after some drama with the police thinking this had been stolen it emerged this has been towed away by bailiffs, as I performed an unallowed right turn back in June somewhere in London.
Due to moving frequently with a previous job my v5 was registered at my mums house, who then recently moved, and the collection agent suggested the correspondence (and any notice of enforcement) had been sent there.
However, the debt collection agent had sent me a letter (to where I actually live) dated a week before the action, saying they had an ‘urgent matter’ to discuss with me. I didn’t see this as I was away with work. To my mind this shows they reasonably knew where I lived, and this is the address on all other documents/electoral register aside from the v5.
As I need a car to shop, and to get home for Christmas I paid the £719 fees and fine and collected my car yesterday, which was a 4 hour round trip from my house. I don’t yet have a breakdown of what part of that was the fine or the fee, and I didn’t sign anything at the compound. I made it clear I didn’t accept the fees they had served, but I was happy paying any fine to TFL.
When I look at the regulations for taking control of goods it suggests:
(1)Notice of enforcement must be given
(a) by post addressed to the debtor at the place, or one of the places, where the debtor usually lives or carries on a trade or business
My question is that if an enforcement agent reasonably believes I usually live somewhere, and doesn’t serve a notice of enforcement to that address, do I have a reasonable claim to get the fees back and my costs for going to collect the car?
If so, is this best done through the small claims court and how does this work?