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Application to file a statutory declaration out of time, Moved address and missed notices
cocob1805
post Tue, 14 May 2019 - 15:09
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Hi guys

I thought it was worth a shot to see if anyone could help me.

I have made a very big blunder here in the fact I moved address' and didn't notify the DVLA until approximately a month ago (feb/march time) of my new address.

Yesterday I received a letter from JBW regarding a contravention committed on 20.10.2018 which was 'entering and stopping in a box junction when prohibited'. The fine is £278 and JBW have now found me at my new address and stated an application for Warrant of Control has been issued to my new address.

I spoke to Islington Council who told me to fill out form PE2 (Application to file a statutory declaration out of time) and they also mentioned I don't need a solicitor to sign it's fine without? Not sure about that...

In the meantime I decided to ring around the local councils to see if I had any other horrors awaiting me and unfortunately I did. Hackney Council issued a fine on 28.01.2019 for 52m - Failing to comply with a prohibition on certain types of vehicle (motor vehicles). I drove through at 18.48 and restrictions end at 7pm unfortunately. Fine is up to £200 and about to go to bailiffs.

Both tickets were a complete shock, I didn't know I had made any driving errors - none previously!

These are the facts to make it clear;

1. I moved out of the address that has the missing post in November 2018
2. I moved to my family house in the North temporarily and didn't alert the DVLA as it was left at home (only proof I have of this is my driving license which has always been registered to that address, I also have insurance doc with that address)
3. I moved back to London to my new address and carelessly didn't update the log book until around march time. I was prompted by my car being clamped, due to being untaxed (even though the tax is free of charge) another mistake - I can truly say my disorganised lesson has been learnt and very expensively.
4. The problem is one of the tickets is issued on 28.01.2019, so using the moving excuse twice is going to be a long shot! Do they compare cases?

I understand this is all my expensive mistakes, although wondered if there is any advice (fairly urgent) that you could help in any way to bring my costs down and how to potentially have a chance of the TEC accepting my dec.

I appreciate any help or advice! Would be amazing if I could at least get it back to PCN stage!

Thank you.

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post Tue, 14 May 2019 - 15:09
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cocob1805
post Mon, 20 May 2019 - 10:01
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QUOTE (Neil B @ Sun, 19 May 2019 - 23:20) *
QUOTE (cocob1805 @ Sun, 19 May 2019 - 22:32) *
The warrant has not yet been granted on my new address, apologies for delay I haven’t been received notifications.

As it stands they have applied for warrant on my new address.

Mate; I don't ask questions for no reason: You're ignoring a risk.

The warrant is irrelevant and is likely to have been changed inside 48 hours from when you heard that.

Show us the JBW correspondence pls.



Hey Neil

Sorry if I'm not being clear, I don't have the correspondence until this evening, it's at home. Although I have contacted the bailiffs and looking at my account online they only have a warrant issued for my old address - does this mean anything or not? My account is still staying at £278 - I can pay tonight or have the declaration sent tomorrow with signatures before 4pm.

All the info I give to you is up to date from that moment as far as I'm aware. I'd checked online that very moment - thanks
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cocob1805
post Mon, 20 May 2019 - 10:18
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To add there was no deadline on the JBW just simply stating they had applied for a warrant at my new address but will upload this eve

QUOTE (Neil B @ Sun, 19 May 2019 - 23:20) *
QUOTE (cocob1805 @ Sun, 19 May 2019 - 22:32) *
The warrant has not yet been granted on my new address, apologies for delay I haven’t been received notifications.

As it stands they have applied for warrant on my new address.

Mate; I don't ask questions for no reason: You're ignoring a risk.

The warrant is irrelevant and is likely to have been changed inside 48 hours from when you heard that.

Show us the JBW correspondence pls.



QUOTE (cocob1805 @ Mon, 20 May 2019 - 11:01) *
QUOTE (Neil B @ Sun, 19 May 2019 - 23:20) *
QUOTE (cocob1805 @ Sun, 19 May 2019 - 22:32) *
The warrant has not yet been granted on my new address, apologies for delay I haven’t been received notifications.

As it stands they have applied for warrant on my new address.

Mate; I don't ask questions for no reason: You're ignoring a risk.

The warrant is irrelevant and is likely to have been changed inside 48 hours from when you heard that.

Show us the JBW correspondence pls.



Hey Neil

Sorry if I'm not being clear, I don't have the correspondence until this evening, it's at home. Although I have contacted the bailiffs and looking at my account online they only have a warrant issued for my old address - does this mean anything or not? My account is still staying at £278 - I can pay tonight or have the declaration sent tomorrow with signatures before 4pm.

All the info I give to you is up to date from that moment as far as I'm aware. I'd checked online that very moment - thanks



QUOTE (cocob1805 @ Mon, 20 May 2019 - 11:12) *
To add there was no deadline on the JBW just simply stating they had applied for a warrant at my new address but will upload this eve




When I spoke to them on the phone they said I would receive a letter with a date and time of visit and I have not yet received that mail
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Neil B
post Mon, 20 May 2019 - 16:04
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QUOTE (cocob1805 @ Mon, 20 May 2019 - 11:01) *
I can pay tonight or have the declaration sent tomorrow with signatures before 4pm.

What would your declaration say?
I can see it's a bit unlucky the PCN was due to arrive on just the day before you moved, maybe later.
But your failure to update V5 promptly could weigh against you unless you wrote somewhat carefully.


QUOTE (cocob1805 @ Mon, 20 May 2019 - 11:18) *
When I spoke to them on the phone they said I would receive a letter with a date and time of visit and I have not yet received that mail

I doubt that means they'll be making an appointment !
Such a letter is more likely to add a further £235 fee.


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

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cocob1805
post Mon, 20 May 2019 - 16:12
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OK - I was under the impression from speaking with them on the phone and the helpline that a pre-warning on when they are coming is compulsory...

Is the £235 added before they come to your door?

Well, I can only say the truth that I temporarily moved to my family home which turned longer than expected, where the car was kept and didn't see it as essential to update the address until I moved back to London.

This is the reason why I came on the forum to ask for help with this declaration. If there is no chance I would just rather pay now, I am very relieved the PE3 form only means the other fine will go back to PCN stage which I wasn't expecting.

Can you clarify it would be the £130 and chance to appeal stage pls?

QUOTE (Neil B @ Mon, 20 May 2019 - 17:04) *
QUOTE (cocob1805 @ Mon, 20 May 2019 - 11:01) *
I can pay tonight or have the declaration sent tomorrow with signatures before 4pm.

What would your declaration say?
I can see it's a bit unlucky the PCN was due to arrive on just the day before you moved, maybe later.
But your failure to update V5 promptly could weigh against you unless you wrote somewhat carefully.


QUOTE (cocob1805 @ Mon, 20 May 2019 - 11:18) *
When I spoke to them on the phone they said I would receive a letter with a date and time of visit and I have not yet received that mail

I doubt that means they'll be making an appointment !
Such a letter is more likely to add a further £235 fee.



Do you have any suggestion how I can write carefully? Thanks
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Neil B
post Mon, 20 May 2019 - 16:35
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QUOTE (cocob1805 @ Mon, 20 May 2019 - 17:12) *
OK - I was under the impression from speaking with them on the phone and the helpline that a pre-warning on when they are coming is compulsory...

Is the £235 added before they come to your door?

Difficult to tell. All bailiffs interpret differently.
The Regs are here > https://www.legislation.gov.uk/uksi/2014/1/contents/made

5.—
(b)the enforcement stage, which comprises all activities relating to enforcement from the first attendance at the premises in relation to the instructions up to but not including the commencement of the sale or disposal stage;

Does seem to confirm attendance is necessary.

QUOTE (cocob1805 @ Mon, 20 May 2019 - 17:12) *
I am very relieved the PE3 form only means the other fine will go back to PCN stage which I wasn't expecting.

Can you clarify it would be the £130 and chance to appeal stage pls?

Better.
£65 discount on new PCN, or fight.

QUOTE (cocob1805 @ Mon, 20 May 2019 - 17:12) *
Do you have any suggestion how I can write carefully? Thanks

I understand your point about "temporary", I just don't think it would work.
Islington might even forget to object to your OOT but I can't recommend anything that risks your money.

This post has been edited by Neil B: Mon, 20 May 2019 - 16:42


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

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cocob1805
post Mon, 20 May 2019 - 16:44
Post #26


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Member No.: 103,856



QUOTE (Neil B @ Mon, 20 May 2019 - 17:35) *
QUOTE (cocob1805 @ Mon, 20 May 2019 - 17:12) *
OK - I was under the impression from speaking with them on the phone and the helpline that a pre-warning on when they are coming is compulsory...

Is the £235 added before they come to your door?

Difficult to tell. All bailiffs interpret differently.
The Regs are here > https://www.legislation.gov.uk/uksi/2014/1/contents/made

Thanks

5.—
(b)the enforcement stage, which comprises all activities relating to enforcement from the first attendance at the premises in relation to the instructions up to but not including the commencement of the sale or disposal stage;

Does seem to confirm attendance is necessary.

QUOTE (cocob1805 @ Mon, 20 May 2019 - 17:12) *
I am very relieved the PE3 form only means the other fine will go back to PCN stage which I wasn't expecting.

Can you clarify it would be the £130 and chance to appeal stage pls?

Better.
£65 discount on new PCN, or fight.

Well this is very good news! I believe with this one I would have a chance to get written off, with the help of a new thread!

QUOTE (cocob1805 @ Mon, 20 May 2019 - 17:12) *
Do you have any suggestion how I can write carefully? Thanks

I understand your point about "temporary", I just don't think it would work.
Islington might even forget to object to your OOT but I can't recommend anything that risks your money.


Right, I see. I thought the decision was purely down to the TEC...
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