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Notice of Enforcement of unknown Penalty Charge Notice, Received notice of enforcement of a surprise penalty charge notice
unpleasantlysurp...
post Thu, 6 Sep 2018 - 17:55
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Hi,

I'm not sure if this is the right forum to post this as I'm not sure what the Penalty Charge Notice is about, but, here goes.

Received a letter today, Thursday 6th September, advising me that the Enforcement Process has commenced relating to a Penalty Charge Notice from a County Council (not the one I live in). The notice was apparently issued September 1st 2018, following a warrant issued March 7th 2018.

I have been to the city in question in the last 12 months (September 2017 and June 2018) but not on or around the dates that the warrant was issued, I don't know the date of the PCN in question as I've received no letters or any form of communication telling me that I have a penalty charge notice.

The total amount payable is £423, broken down as £113 debt, Compliance stage fee of £75 and an enforcement stage free of £235.

This is the first I have heard of any outstanding charge from any council, and I have until the 9th September 2018 to pay before the bailiffs may 'take control'.

The car is registered to the address at which I live and has been since I moved in, (August 2017), and no letters have been received here. Happy to provide any extra information, really not sure what my options are.

Thanks in advance for any advice you can offer.
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post Thu, 6 Sep 2018 - 17:55
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hcandersen
post Mon, 10 Sep 2018 - 15:37
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With respect, all the key points of the above naturally follow from the fact that DVLA updated the V5C on the date the PCN was issued.

I would not bother TEC with when you applied to DVLA, the delay after you moved or anything other than that the PCN was issued on 10 Oct, and here’s a copy, and DVLA updated my registered keeper details on the same date, and here’s my V5C. The authority had to have enquired as to my address some time before 10 October and although DVLA had had my details to change in their possession for some time they had not at that time processed them, the authority were therefore (and unbeknown to them) provided with incorrect keeper information, hence the PCN and every subsequent notice going to the wrong address and me only finding out when I was contacted by enforcement agents.
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Neil B
post Mon, 10 Sep 2018 - 15:59
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QUOTE (hcandersen @ Mon, 10 Sep 2018 - 16:37) *
I would not bother TEC with when you applied to DVLA, the delay after you moved

+1

'DVLA were in the process of updating my Registered Keeper address, in line with their stated 2-4 week
turnaround time. This coincidentally concluded on 10th October, after the EA had obtained my details.'


Something along those lines.

You should, as previously advised, post your draft here.


--------------------
QUOTE (DancingDad @ Fri, 11 May 2018 - 12:30) *
Neil is good at working backwards.

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unpleasantlysurp...
post Mon, 10 Sep 2018 - 17:09
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I will submit the TE7 and TE9 by email once I have scanned them in tomorrow morning.

I can’t recall a reason for the delay. My drivers license is dated a week after I moved but I must have simply forgotten the v5. Does the date I moved need to be mentioned on the OOT or will the PCN date and v5 date matching be enough?

Edit: I hadn’t refreshed my browser. I will draft it tonight and post it before I submit anything

This post has been edited by unpleasantlysurprised: Mon, 10 Sep 2018 - 17:11
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unpleasantlysurp...
post Tue, 11 Sep 2018 - 06:00
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Good morning,

This might be helpful information for someone down the line but the TEC advised that the daily processing deadline for forms emailed to them is 16:00 so I will have it submitted before then.

Do we think this would be appropriate:

Unfortunately I did not receive the PCN, charge certificate or order for recovery as the DVLA were in the process of updating my Registered Keeper address, in line with their stated 2-4 week turnaround time. This coincidentally concluded on 10th October, after the EA had obtained my details and so the letters were sent to my previous address.

Thanks Neil B for the body of it and thanks all for your help.
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hcandersen
post Tue, 11 Sep 2018 - 08:11
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Not my style because you get to the punchline last, whereas I prefer to get there first.

The letters were sent to the wrong address because DVLA gave the wrong address to the authority who therefore sent all notices to an unregistered address.

This happened because the authority’s request to DVLA coincided with DVLA being in the process of updating their records in response to my earlier notification. See enclosed V5C which shows that DVLA updated their records on the same day that the PCN was issued.

But it’s your words, not mine.
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Neil B
post Tue, 11 Sep 2018 - 08:28
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QUOTE (hcandersen @ Tue, 11 Sep 2018 - 09:11) *
Not my style because you get to the punchline last, whereas I prefer to get there first.

I have no problem with that comment; mine was only a very broad guide, rather than appropriately ordered.

-

You need to support your statements with evidence and refer to such attachments as you use.

Starting with a copy of V5C.

+ proof of where you are actually living at the time.


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QUOTE (DancingDad @ Fri, 11 May 2018 - 12:30) *
Neil is good at working backwards.

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Enceladus
post Tue, 11 Sep 2018 - 11:36
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QUOTE (unpleasantlysurprised @ Tue, 11 Sep 2018 - 07:00) *
Good morning,

This might be helpful information for someone down the line but the TEC advised that the daily processing deadline for forms emailed to them is 16:00 so I will have it submitted before then.

Do we think this would be appropriate:

Unfortunately I did not receive the PCN, charge certificate or order for recovery as the DVLA were in the process of updating my Registered Keeper address, in line with their stated 2-4 week turnaround time. This coincidentally concluded on 10th October, after the EA had obtained my details and so the letters were sent to my previous address.

Thanks Neil B for the body of it and thanks all for your help.

If you're going to say that, then you should have it correct. The DVLA website says "It can take up to 6 weeks to get the new log book." for a change of address or name.

It's probably not really necessary to mention it. You could just put as HCA did above. "This happened because the authority’s request to DVLA coincided with DVLA being in the process of updating their records in response to my earlier notification. See enclosed V5C which shows that DVLA updated their records on the same day that the PCN was issued."


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unpleasantlysurp...
post Tue, 11 Sep 2018 - 19:26
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Thank you all for your help, I've just emailed off the TE7, TE9, letter of old and new address and copy of V5C. I will let you know when I hear back.
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unpleasantlysurp...
post Thu, 8 Nov 2018 - 19:48
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Hi all,

The TEC responded on the TE7 and TE9 forms with a letter that reads:

The respondent filed a statutory declaration / witness statement 02 November 2018.

It is ordered that the order for recovery of unpaid penalty charge be revoked.

It is further ordered that the charge certificate and the penalty charge notice be cancelled.

Important note to respondent:

This order does NOT cancel enforcement of the penalty charge and this order does not prevent the Local Authority / Charging Authority from serving a fresh Penalty Charge Notice. You should contact the Local Authority / Charging Authority as they may well further action on it. The Authority should inform you as soon as possible if it intends to.


I contacted the council who had an automated message to say if you've received a response from the TEC we will be in touch as soon as possible, so I assume I wait for the council to say something. It seems contradictory that the response says the penalty charge notice is cancelled but then it does not cancel enforcement, am I missing a nuance?

Thanks again for the help.
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Neil B
post Fri, 9 Nov 2018 - 11:51
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Oooo, nice one biggrin.gif


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QUOTE (DancingDad @ Fri, 11 May 2018 - 12:30) *
Neil is good at working backwards.

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Incandescent
post Fri, 9 Nov 2018 - 15:02
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QUOTE (Neil B @ Fri, 9 Nov 2018 - 11:51) *
Oooo, nice one biggrin.gif

+1
Just to be clear, acceptance of an OOT does not cancel off any liability for payment of the penalty charge, but now allows you to appeal it at the adjudicators. It would seem TEC have it wrong on their letter.
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Neil B
post Fri, 9 Nov 2018 - 15:11
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QUOTE (Incandescent @ Fri, 9 Nov 2018 - 15:02) *
QUOTE (Neil B @ Fri, 9 Nov 2018 - 11:51) *
Oooo, nice one biggrin.gif

+1
Just to be clear, acceptance of an OOT does not cancel off any liability for payment of the penalty charge, but now allows you to appeal it at the adjudicators. It would seem TEC have it wrong on their letter.

In this instance the OP didn't receive the PCN.
That original is now cancelled and the Council may issue a new one (which we'll help with).

It does not get referred straight to the adjudicator.


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QUOTE (DancingDad @ Fri, 11 May 2018 - 12:30) *
Neil is good at working backwards.

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hcandersen
post Fri, 9 Nov 2018 - 16:22
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..and just in case PS4 is watching, this must be served no later than the end of the period of 4 weeks beginning with the date on which the authority were notified of the decision. (OP, don't worry, it's an in joke!)

We got there, but it's not over yet and the ball's in the authority's court. If you've not heard from them within 3 weeks come back.
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unpleasantlysurp...
post Tue, 13 Nov 2018 - 20:12
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Received the PCN today, I've no issue with paying it as their information is all correct. Is there anything I could have missed or shall I go ahead and pay? This is still a massive win compared to where this began so I'm not too put out by it!
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PASTMYBEST
post Tue, 13 Nov 2018 - 22:31
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QUOTE (unpleasantlysurprised @ Tue, 13 Nov 2018 - 20:12) *
Received the PCN today, I've no issue with paying it as their information is all correct. Is there anything I could have missed or shall I go ahead and pay? This is still a massive win compared to where this began so I'm not too put out by it!


post the PCN you never know
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