PCN for bus lane driving- notice of enforcement, bailiff Options

[1220iz]

Hi all,
I am new to this forum and would very much appreciate your technical advice on this matter.

I was issued a PCN in September 2016 by the local council for driving in a bus lane. The vehicle was registered to an old address and V5C had not been updated (my mistake). I did not receive original notice or subsequent ones, including court summons.

I have received a Notice of Enforcement from Marston stating that I have a week to pay the outstanding charges, otherwise an enforcement agent will visit my property.

My questions are:

1. Can I challenge this Notice using an out of time statutory declaration (PE2 and PE3)? Will my reasons for not receiving notice be considered?
2. Does the Northampton County Court's Order of Recovery and Warrant constitute a CCJ? Will this be recorded in my credit history or on the PNC?

Advice would be most welcome, I'm not sure how to address this.

Many thanks!

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[Neil B]

I have received a Notice of Enforcement from Marston stating that I have a week to pay the outstanding charges, otherwise an enforcement agent will visit my property.

Asking £278 or £513 or,
if outside London £173 or £408
Which?

2. Does the Northampton County Court's Order of Recovery and Warrant constitute a CCJ? Will this be recorded in my credit history or on the PNC?

No; none of those.

1. Can I challenge this Notice using an out of time statutory declaration (PE2 and PE3)? Will my reasons for not receiving notice be considered?

Yes and yes but it can be opposed by the Council and not updating V5 is not helpful.
It takes very careful wording.

Give us all relevant dates.

[1220iz]

Hi Neil,
Thank you for your reply! I'll try and provide all details but please bear with me as new to using this forum.

The original PCN was for driving in a bus lane, issued by Sheffield City Council. The total amount owed (as per the Notice of Enforcement) is £173 (wherein debt is £98 and compliance stage fee is £75). The PCN was issued on 12 Sept 2016. I received the Notice of Enforcement in the post on 25 May 2018. I have until 4 June 2018 to make the payment.

I have called TEC and they have advised to fill in PE2 and PE3. Apparently, they will forward these forms to Sheffield Council who will stop bailiff proceedings. Is my understanding of the process correct?

Could you please advise on how I can fill out the 'reasons' section on PE2 and PE3? Also to clarify, I did not update the V5C in all this time, as it had completely escaped my notice. I can't offer an excuse in this regard

Many thanks for your advice

[Neil B]

and you moved when?

[1220iz]

I moved in May 2016.

[Incandescent]

I moved in May 2016.

So how did you manage to tax the car ? The reminders are sent to address on the V5.

Just so you understand the process, your statutory declaration is submitted to TEC who then assess its content, and they can reject it at that stage. If it passes muster, the baiiffs are called off temporarily and the SD is passed to the council who issued the PCN. They can object to it, and invariably will do so, as they will have issued the PCN and subsequent documents to the V5 address. If the SD is thus rejected, you have the right to have the papers assessed by a County Court judge, (£100), or can opt for an interview with the judge "in chambers" where the circumstances favour such a course of action. This costs £255. It is very difficult to get these moneys back if you are successful, so it becomes a balance between paying off the bailiffs or fighting them the whole way to the court judge. You may well struggle to revert the process because of your failure to update the V5, two years since moving.

This post has been edited by Incandescent: Tue, 29 May 2018 - 16:08