Notice of Enforcement - did not receive a PCN Options

[KT86]

Hi Everyone,

I’m new here and need some advice please.

I arrived home today to a letter from TASK as a Notice of Enforcement saying that they have a warrant from Northampton County Court, and I have to pay them £278 within 14 days or they will seize my goods, due to an unpaid debt to Transport for London.

I have not received any PCN for this nor a Charge Certificate, nor a letter to tell me this was going to court. My car is registered at my address, I moved house last April (at the end of the month, so basically May), but informed the DVLA immediately, and the penalty charge occurred on the 3rd of July last year, so I do not think the letters went to my old house, however, I have not received anything. I always pay or challenge PCNs promptly, so would have never let it get to this stage, I literally have had no contact from TFL.

I am still on hold on the phone to TEC and it is likely that the office will be closed by the time I get through.

Whilst I have been on hold I decided to log onto TFL with the PCN number to look at the details. It was due to stopping on a red route. However, I noticed something interesting when I looked at the history of the PCN, I will attach a screen shot.

The History of the PCN states:

PCN batched
Charge Certificate Batched

Etc, please see the attached photo.

What is interesting, is that when I looked at the definitions of “PCN Batched” it states: “PCN awaiting print and dispatch”, and under this definition is “PCN Issued” which means the PCN was issued and sent, please see the attached screen shot of the definitions. Presumably “batched” means the same for the Charge Certificate, that it was awaiting print and dispatch.

So what is interesting on my PCN history is that it doesn’t state “PCN Issued” or “Charge Certificate Issued,” which I know they weren’t, as I haven’t received anything.

My question is, will this PCN history help my case, as it shows that the PNC and Charge Certificate were not issued?

Secondly, as I haven’t been able to get through to TEC, what forms should I be filling out to appeal this please?

Thirdly, as this has gone to court, I am worried that this will affect my credit rating, and I want to get a mortgage soon, so what do I do about this please? I know about “notices of correction”, but they really don’t help to improve your credit rating, so I think it is horrendous that TFL could affect someone’s life like this through their own failures? This could massively affect my life. Not to mention the stress of a bailiff letter and the time wasted trying to sort this.

Thanks for your help.

Here is a screen shot of my PCN history:

This post has been edited by KT86: Mon, 11 Mar 2019 - 17:47

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[John U.K.]

My car is registered at my address, I moved house last April, but informed the DVLA immediately,

Have you checked the address on the V5?
What is the 'Docref' date on the V5?

[KT86]

Here a screen shot of the definitions with a screen shot of my PCN history, showing the PCN and Charge Certificate as “batched” but not “issued”.

Sorry it posted the definitions twice.

This post has been edited by KT86: Mon, 11 Mar 2019 - 17:45

Attached thumbnail(s)

 

[KT86]

My car is registered at my address, I moved house last April, but informed the DVLA immediately,

Have you checked the address on the V5?
What is the 'Docref' date on the V5?

So it was the end of April that I moved, so more like May, and I would have sent off the V5 within a couple of weeks.

Address on V5 is correct. On the bottom of the V5 there is a Doc. Ref number then next to that what looks like a date it states: 16 07 18, so I’m guessing this is when the DVLA updated the V5?

So that would be 13 days after the alleged contravention and 6 days after the PCN was “batched”. However, this V5 update date is a month before the Charge Certificate was “batched,” so would this have been sent to the new address, if it was actually “issued”, and failing this, would the “notice of debt” be sent to the new address, seen as that was issued on the 20th of September?

Also, the PCN History looks like the PCN and Charge Certificate were only “batched” not “issued”. I did visit the old property a few times to collect post, but then stopped, as my address had been updated on everything, and I hadn’t received any new post.

I do find it interesting that the bailiff can find your new address easily, yet if a company is taking you to court for not paying something, and you haven’t responded to any of their letters, that they don’t check your address, as taking someone to court is serious, and you should have an opportunity to represent yourself.

This post has been edited by KT86: Mon, 11 Mar 2019 - 18:14

[stamfordman]

You must have sent the V5 update later as they don't usually take so long.

What is the actual date of the PCN - it should say on the details. What is the PCN for.

But seems PCN was raised shortly before the V5 change so thus will hopefully not be opposed by TFL when you file an out of time statement to get this reset to the PCN.

This post has been edited by stamfordman: Mon, 11 Mar 2019 - 18:01

[KT86]

You must have sent the V5 update later as they don't usually take so long.

What is the actual date of the PCN - it should say on the details. What is the PCN for.

But seems PCN was raised shortly before the V5 change so thus will hopefully not be opposed by TFL when you file an out of time statement to get this reset to the PCN.

Possibly a few weeks, but I know that I sent it quite promptly.

The date of the contravention of the PCN on the bailiff letter is the 3rd of July. Then on my PCN history on the TFL website it states “PCN Batched” on the 10th of July. Then “Charge Certificate batched” on the 16th of August. Not anywhere does us say they were “issued.” However, if they were “issued” and if that is the date my V5 was updated, 16th of July, then the PCN could have been sent to my old address, but would they have then sent the “Charge Certificate” and “Notice of Debt” to the correct address, as it was updated by then? Surely, if you’re taking someone to court for failure to pay, and they haven’t responded to any of your letters, the most sensible and cost effective thing is to check the address again, as the Bailiffs seem to find the correct address every time?

[stamfordman]

They look the address up once. Don't worry there is a way to get this reset. Dates in your favour. Others will tell you what to do.

PS No one is taking you to court - the only way TFL can get your money is through the bailiffs.

This post has been edited by stamfordman: Mon, 11 Mar 2019 - 19:06

[KT86]

They look the address up once. Don't worry there is a way to get this reset. Dates in your favour. Others will tell you what to do.

Ahh ok thanks

[KT86]

They look the address up once. Don't worry there is a way to get this reset. Dates in your favour. Others will tell you what to do.

PS No one is taking you to court - the only way TFL can get your money is through the bailiffs.

Yes the letter is from the bailiffs it said that the warrant was issued by the court, that’s why I thought it went to court, but either way, hopefully I can sort it, would appreciate if people can’t let me know how to, thanks.

[Neil B]

Forms TE7/TE9

Not without help from here.

I can't at mo

[spaceman]

Andn don't worry about your credit rating. There will be no CCJs involved here.

[Incandescent]

Also you may like to contact Sheila at

www.bailiffadviceonline.co.uk

You need to submit an Out-of-Time Witness Statement, OR a Statutory Declaration. Which one depends on what the PCN was issued for. As the PCN history shows no Notice to Owner being issued, one can assume it is for a traffic or bus lane contravention, so it's probably a PE2/PE3 (SD) needed, not a TE7/TE9 (WS) or . Either of these can be downloaded from the TEC website.

As TfL can object to an OOT, great care is needed when filing in the forms, so come back here when ready or ask Sheila at the bailffadviceonline website to assist. Your problem may seem large, but we have already had somebody on this week with over 90 enforcement notices on their way since selling a car !!

This post has been edited by Incandescent: Mon, 11 Mar 2019 - 22:22

[KT86]

Forms TE7/TE9

Not without help from here.

I can't at mo

Ok great thank you.

Andn don't worry about your credit rating. There will be no CCJs involved here.

Phew Good news

Also you may like to contact Sheila at

www.bailiffadviceonline.co.uk

You need to submit an Out-of-Time Witness Statement, OR a Statutory Declaration. Which one depends on what the PCN was issued for. As the PCN history shows no Notice to Owner being issued, one can assume it is for a traffic or bus lane contravention, so it's probably a PE2/PE3 (SD) needed, not a TE7/TE9 (WS) or . Either of these can be downloaded from the TEC website.

As TfL can object to an OOT, great care is needed when filing in the forms, so come back here when ready or ask Sheila at the bailffadviceonline website to assist. Your problem may seem large, but we have already had somebody on this week with over 90 enforcement notices on their way since selling a car !!

Ok thank you. It was for stopping on a red route, in a box. Will this be the PE2/PE3 (SD)? Thanks

Also, the photo evidence only shows a car behind a sign in a red box, you can’t tell the make of the car or number plate. Then there is a second photo of my number plate driving on the road, but not stopped in the red box. Is this enough evidence please?

Attached thumbnail(s)

 

[stamfordman]

The first step is not about the contravention but about getting the debt enforcement process cancelled. This does not cancel the PCN.

[Neil B]

Ok thank you. It was for stopping on a red route, in a box. Will this be the PE2/PE3 (SD)? Thanks

No.

[KT86]

Ok, for the T7/T9 does this sound OK please?

Dear Sir/Madam,

I am writing as I received a Notice of Enforcement to my address, saying that bailiffs would come to my house to collect goods for an unpaid fine. Ref Number:

Prior to this, I received no PCN, no Charge Certificate, nor a Notice of Debt, nor a warning to say that this was going to court and to bailiffs.

The Notice of Enforcement was the first contact I had received regarding this fine.

I believe that I did not receive the PCN or Charge Certificate, because moved house last year, and I changed my address with the DVLA. I have checked my V5 Certificate and the updated date for my new V5 with the change of address was the 16th of July 2018, please see the attached V5 for proof of this. I checked the TFL website and the PCN for this alleged offence was “batched on the 10th of July 2018, which is 6 days before my address had been updated by the DVLA.

This date shows that my V5 address was updated 6 days after the PCN had been batched, due to this, I did not receive any of the notices sent to me, as the PCN was sent to my old address and so, the Charge Certificate would have been sent to my old address also, as I believe TFL only check the address once, so would not have rechecked and seen that I had updated my address with the DVLA between the PCN being “bathed,” and the Charge Certificate being “batched.” I had updated the address on my V5 as required, but due to the close proximity of the alleged offence and the changing of my address, sadly the PCN, Charge Certificate, and all other notices got sent to my old address. This means that I did not have a chance to pay or dispute the original fine.

Further, on the TFL website of the PCN history, it states that the PCN and Charge Certificate were “batched”, but it does not state that they were “issued,” so I am not sure if the PCN or Charge Certificate were even posted out for this offence, however, as stated above, even if they were “issued,” they would have been sent to my old address, hence why I had not disputed or paid the fine.

If I had received the notices, I would have sorted this issue promptly, as you can see from my payment history with TFL, I have never let a fine of to court or validated.

I would very much appreciate if you could cancel this court order and allow me the opportunity to pay this fine. Should you require any further information, please do not hesitate to contact me.

Kind regards,

[Neil B]

No.
Far too waffly and the single important point >

This date shows that my V5 address was updated 6 days after the PCN had been batched,

Is buried a long way down.

I'll look properly when I have time.

[Neil B]

Edit.

This post has been edited by Neil B: Mon, 18 Mar 2019 - 11:27

[Neil B]

I'll look properly when I have time.

I've not forgotten.
Just struggling with time at mo.

[Neil B]

Ok, first of all you've got some good bits, so not all negative.
But, as I said, far too waffly; lots of overstating of minor things when what you really want is to focus on
core issues and bring them to the Court and TfL's attention.

So I'll comment in blue. not for copying unless in '--'; use your own words.

Red is delete, with some having explanatory comment.

Ok, for the T7/T9 does this sound OK please? TE7 only.

Dear Sir/Madam,

I am writing as I received a Notice of Enforcement to my address, saying that bailiffs would come to my house to collect goods for an unpaid fine. Ref Number:
The form invites you to state why you need to file TE9 late.
'I only became aware of ---- when ----'

Then immediately move to why > 'the unfortunate coincidence that ---------'

and, as a result -

Prior to this, I received no PCN, [/color] 'or subsequent notices' no Charge Certificate, nor a Notice of Debt, nor a warning to say that this was going to court and to bailiffs.
[color="#FF0000"]The Notice of Enforcement was the first contact I had received regarding this fine.
Covered at opening.


I believe that I did not receive the PCN or Charge Certificate, because moved house last year, and I changed my address with the DVLA. I have checked my V5 Certificate and the updated date for my new V5 with the change of address was the 16th of July 2018, please see the attached V5 for proof of this. I checked the TFL website and the PCN for this alleged offence was “batched on the 10th of July 2018, which is 6 days before my address had been updated by the DVLA.

Moved is covered in 'unfortunate' above; as is DVLA update.
So this basically all gains prominence.
Drop "batched" for 'appears issued'
Hence, through no fault of either TfL or yourself, you could not possibly have received notices.


This date shows that my V5 address was updated 6 days after the PCN had been batched, due to this, I did not receive any of the notices sent to me, as the PCN was sent to my old address and so, the Charge Certificate would have been sent to my old address also, as I believe TFL only check the address once, so would not have rechecked and seen that I had updated my address with the DVLA between the PCN being “bathed,” and the Charge Certificate being “batched.” I had updated the address on my V5 as required, but due to the close proximity of the alleged offence and the changing of my address, sadly the PCN, Charge Certificate, and all other notices got sent to my old address. This means that I did not have a chance to pay or dispute the original fine.
Goes above, as explained.

Further, on the TFL website of the PCN history, it states that the PCN and Charge Certificate were “batched”, but it does not state that they were “issued,” so I am not sure if the PCN or Charge Certificate were even posted out for this offence, however, as stated above, even if they were “issued,” they would have been sent to my old address, hence why I had not disputed or paid the fine.

Definite delete! Stop apportioning blame on very weak basis, on those you want to help you.


If I had received the notices, I would have sorted this issue promptly, as you can see from my payment history with TFL, I have never let a fine of to court or validated.
'I look forward to settling this matter, given the opportunity.'
Is positive but leaves options open

I would very much appreciate if you could cancel this court order and allow me the opportunity to pay this fine. Should you require any further information, please do not hesitate to contact me.

Kind regards,

+ you need to attach supporting evidence you were not at 'x' address at the relevant time along with your V5C showing 16/7 and reference such
attachments in text.

This post has been edited by Neil B: Tue, 19 Mar 2019 - 00:21