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Outstanding balance (debt) of PCN for failed to update address
chge
post Fri, 24 Feb 2017 - 21:52
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Hi all,

I am in a weird position at the moment and I would like your help. It may be kind of long but I don't know the law very well so I need your guidance.

First things first, I would like to mention that I don't live currently in London, never did, but in Southampton and my nationality is Greek as is my driving license.

I've received today from Collect Services that I have an outstanding balance because I missed a "no turn left" (double-checked with google maps) sign in London Borough of Ealing, which I unknowingly missed.

The contravention as the letter says happened on 29th of August 2016 and the location, Gunnersbury Lane / Uxbridge Road, Acton (U) (which I think it means U turn). I've never received the notice (PCN) as it went to my old address which I failed to update because I moved into my new apartment somewhere at April of 2016 and here my case becomes tricky. If I am correct I updated the V5 before the 29th of August 2016, because the new V5 that I currently have mentions right next to the Doc. Ref. N field, the date 13/09/16 (13th of Semptember 2016) but I can't be sure or have evidence that this is the right date that I've send it for update.

I've never received anything else than that letter/notice today but I've managed to check the video with the contravention.

The outstanding balance is £513.00 and there is a Warrant to remove goods which will be re-issued to my new address.

Another thing is that I don't have an EU driving license but a European license driving which I am not sure If I can still use it as I am a resident for more than 1 year now in the UK.

My questions are

- Can I submit an Out of date appeal (and pay the original fine) or is it going to backfire on me because I failed to update the address?

- Is there something else that I haven't think to advice me?

- If I pay the bailiff, the full amount, do I have to do something further (summoned to court etc)?

- Can I pay the bailiff monthly (Probably not a question for this forum but I may got lucky)?

- Can I find by the car's registration number if I have other outstanding fines?

- I was under the impression that my license is valid but I can't find any records online (DVLA) for my license. How can I check if it actually is and if I have any points?


Thank you all in advance.
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post Fri, 24 Feb 2017 - 21:52
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Neil B
post Mon, 27 Feb 2017 - 15:32
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How did you get on chge?


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

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chge
post Mon, 27 Feb 2017 - 16:06
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QUOTE (Neil B @ Mon, 27 Feb 2017 - 15:32) *
How did you get on chge?


I've sent the letter... around 14:00, I sworn fealty to the queen tongue.gif (no I didn't). Two forms one attachment. The final text that I used on PE2 is the below (no major addition, differences than the one given by Neil B - thank you).


I HAVE BEEN UNABLE TO FILL A STATUTORY DECLARATION IN THE NORMALLY PERMITTED TIMESCALE BECAUSE I ONLY BECAME AWARE A PENALTY CHARGE NOTICE HAD BEEN ISSUED WHEN I RECEIVED NOTICE OF ENFORCEMENT FROM A BAILIFF, ON 24TH FEBRUARY 2017. THIS REFERRED TO A CONTRAVENTION ON 29TH AUGUST 2016.

I HAVE NOT RECEIVED ANY OF THE STATUTORY NOTICES IN RESPECT OF THAT CONTRAVENTION. I ASSUME THE PCN WILL HAVE BEEN ISSUED SHORTLY THEREAFTER. I HAVE ALREADY REQUESTED A COPY OF THE ORIGINAL PCN BY THE COUNCIL IN ORDER TO CONFIRM THE DATE IT WAS ISSUED ON AND I SHOULD HAVE THIS INFORMATION IN APPROXIMATELY 3 DAYS.

THERE HAS BEEN AN UNFORTUNATE COINCIDENCE OF TIMING AS, AT THE RELEVANT TIME I HAD CHANGED ADDRESS AND SUBMITTED MY V5C EARLIER IN AUGUST TO DVLA FOR UPDATE, WHICH THEY DULY COMPLETED ON 13TH SEPTEMBER 2016. IN A DATE WHICH IS PRESUMABLY AROUND THE TIME THE PCN WAS ISSUED.
I ENCLOSE A COPY OF MY UPDATED V5C.

I CAN ONLY ASSUME THAT UNKNOWN TO THEM, THE COUNCIL WERE GIVEN MY OLD ADDRESS AND SENT THE STATUTORY NOTICE THERE. BELIEVING MYSELF TO HAVE CORRECTLY NOTIFIED DVLA OF MY NEW DETAILS I REMAINED UNAWARE OF THE PCN UNTIL NOW.

NEITHER MYSELF NOR LONDON BOROUGH OF EALING APPEAR TO BE AT FAULT IN THIS MATTER WHICH, AS STATED HAS BEEN AN UNFORTUNATE COINCIDENCE OF TIMING.

I RESPECTFULLY ASK THAT I BE GRANTED PERMISSION TO FILE MY STATUTORY DECLARATION AT THIS TIME.


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Neil B
post Mon, 27 Feb 2017 - 16:49
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Sent by letter?

Doesn't it give the e-mail address on the forms?


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

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chge
post Mon, 27 Feb 2017 - 16:58
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QUOTE (Neil B @ Mon, 27 Feb 2017 - 16:49) *
Sent by letter?

Doesn't it give the e-mail address on the forms?


I could sent it by email? It doesn't give any emails only that address

Traffic Enforcement Centre
St Katharine’s House
21-27 St Katharine’s Street
Northampton, NN1 2LH

I've download the form from here
PE2
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Neil B
post Mon, 27 Feb 2017 - 17:05
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Yeah, normal to e-mail. I don't think you can now - not sure.

Other form was PE3 ?

--

Maybe phone to check they've received it - wednesday?

Keep copies handy as they can help to frnd off bailiff if he shows.


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

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chge
post Mon, 27 Feb 2017 - 17:16
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QUOTE (Neil B @ Mon, 27 Feb 2017 - 17:05) *
Yeah, normal to e-mail. I don't think you can now - not sure.


It doesn't mention email anywhere to be honest. I would prefer sending by email though.

QUOTE (Neil B @ Mon, 27 Feb 2017 - 17:05) *
Other form was PE3 ?


Yes. Forms PE2, PE3 and the copy of the V5C document.

--

QUOTE (Neil B @ Mon, 27 Feb 2017 - 17:05) *
Keep copies handy as they can help to frnd off bailiff if he shows.


I don't think that the warrant has been issued yet to my new address but of course I scanned the documents and have them in any case.

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Neil B
post Wed, 19 Apr 2017 - 11:01
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Any news?


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

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chge
post Mon, 12 Jun 2017 - 08:07
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Hi All and Neil,

Apologies for my late response but due some serious health issues I totally forgot this.

QUOTE (Neil B @ Wed, 19 Apr 2017 - 12:01) *
Any news?


Yes actually, everything went smoothly, they accepted my declaration without any hesitation and the council sent me again the original PCN which I paid (the amount which if I paid it the first 14 days is less approximately £65).

I am not quite sure if I have to repost what I've finally sent or if that is, but I want to thank @Neil B, a very much big thank you as you were exceptional. If you ever find yourself around Hampshire area or Southampton especially, I owe you at least a beer.

Thank you again all of you! This forum rocks!

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Neil B
post Mon, 12 Jun 2017 - 15:19
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Sorry to hear you've been unwell but WELL DONE! biggrin.gif

Now we just have to wonder 'how'.

Either the Council didn't object or -

OOT wording was persuasive enough to convince TEC CO to accept, irrespective of Council objection.


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

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chge
post Tue, 13 Jun 2017 - 13:40
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QUOTE (Neil B @ Mon, 12 Jun 2017 - 16:19) *
Now we just have to wonder 'how'.

Either the Council didn't object or -

OOT wording was persuasive enough to convince TEC CO to accept, irrespective of Council objection.


Probably the former because from TEC they send it back to Council to check if they are going to object it, which never happened.

But, I think I had a solid case, it was easier to accept my OOT under these facts and your wordling was pretty solid and to the point which made it easier.
Again, thank you!!
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Neil B
post Tue, 13 Jun 2017 - 14:28
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Yes I suppose it can serve to deter objection too.

A particular well done to you because we see a lot of bailiff cases on here that don't progress beyond a couple
of posts.
I'm not sure why but given this forum's overall reputation I think they expect this >


When told they'll have to do a bit of work, perhaps they shy from it or bury their heads; either way they pay the bailiff.

It's an unfair system for the general public to have to cope with.

This post has been edited by Neil B: Tue, 13 Jun 2017 - 14:28


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

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