PePiPoo Helping the motorist get justice Support health workers

Welcome Guest ( Log In | Register )

Application to file a statutory declaration out of time, Moved address and missed notices
cocob1805
post Tue, 14 May 2019 - 15:09
Post #1


Member


Group: Members
Posts: 13
Joined: 14 May 2019
Member No.: 103,856



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.

Go to the top of the page
 
+Quote Post
2 Pages V   1 2 >  
Start new topic
Replies (1 - 19)
Advertisement
post Tue, 14 May 2019 - 15:09
Post #


Advertise here!









Go to the top of the page
 
Quote Post
Neil B
post Tue, 14 May 2019 - 18:08
Post #2


Member


Group: Members
Posts: 29,268
Joined: 16 Jan 2008
Member No.: 16,671



QUOTE (cocob1805 @ Tue, 14 May 2019 - 16:09) *
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.

For that one.
Phone TEC first thing tomorrow and ask if you are 'in time' to file PE3 only.
I presume you mean £203.

0300 123 1059

This post has been edited by Neil B: Tue, 14 May 2019 - 21:33


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

Go to the top of the page
 
+Quote Post
Neil B
post Tue, 14 May 2019 - 21:40
Post #3


Member


Group: Members
Posts: 29,268
Joined: 16 Jan 2008
Member No.: 16,671



For the other one, what is the 'docref' date on your new V5C.

V busy at mo but I'll respond whenever I can -- and I'm sure others will too.


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

Go to the top of the page
 
+Quote Post
cocob1805
post Wed, 15 May 2019 - 10:16
Post #4


Member


Group: Members
Posts: 13
Joined: 14 May 2019
Member No.: 103,856



QUOTE (Neil B @ Tue, 14 May 2019 - 19:08) *
QUOTE (cocob1805 @ Tue, 14 May 2019 - 16:09) *
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.

For that one.
Phone TEC first thing tomorrow and ask if you are 'in time' to file PE3 only.
I presume you mean £203.

0300 123 1059



So the 28.01 offence has until 24 May to send the PE3 form only.
Unfortunately my V5 doc has the reference date 02.04.2019 - later than I thought...

Plan of action is to make an appointment with County Court asap and gather evidence, just unsure of the grounds I go on..
Go to the top of the page
 
+Quote Post
cp8759
post Thu, 16 May 2019 - 12:59
Post #5


Member


Group: Members
Posts: 38,006
Joined: 3 Dec 2010
Member No.: 42,618



QUOTE (cocob1805 @ Wed, 15 May 2019 - 11:16) *
Plan of action is to make an appointment with County Court asap and gather evidence, just unsure of the grounds I go on..

Your ground would be that you never received the Penalty Charge Notice, for an in-time application you don't need to explain why that is.


--------------------
If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
Go to the top of the page
 
+Quote Post
Neil B
post Thu, 16 May 2019 - 13:21
Post #6


Member


Group: Members
Posts: 29,268
Joined: 16 Jan 2008
Member No.: 16,671



And for the JBW one it's not 'grounds' but explaining why you are late.
Your chances of success with that one don't look good, from what you've told us.

Paying £278, if they'll still accept it, might be your best option, before they add on
another £235.

If you prefer to fight it, you might have a chance if we had some actual dates on any of these >
QUOTE (cocob1805 @ Tue, 14 May 2019 - 16:09) *
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.



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

Go to the top of the page
 
+Quote Post
cocob1805
post Thu, 16 May 2019 - 16:42
Post #7


Member


Group: Members
Posts: 13
Joined: 14 May 2019
Member No.: 103,856



Sorry -

I moved out of the Islington address to the northern address on 3rd November 2018 and bought a new insurance policy on the 4th November 2018 - I have the insurance certificate? I have an email sent to Islington council to say I'd no longer be responsible for council tax...

I moved back to London address on 20.01.2019 - I have an agency agreement for my property.

I'm unsure what my reasons would be for the 28.01.2019 ticket other than I was careless and that would be rejected? Or do I just send the PE3 form with my V5c form, tenancy agreement and hope for the best?

Is it worth to fight the bailiff one in or throw the towel in as the last thing I want is any more charges.

The 28.01.2019 is a notorious one and very unclear it would be a real shame if I couldn't appeal - see article below;

https://www.hackneygazette.co.uk/news/hackn...n-ban-1-5646504



Go to the top of the page
 
+Quote Post
cocob1805
post Thu, 16 May 2019 - 17:07
Post #8


Member


Group: Members
Posts: 13
Joined: 14 May 2019
Member No.: 103,856



Can I confirm with a PE3 only do you need to send evidence?

Also, I have another to add...

I received a parking ticket in October 2018 and the first appeal was rejected. I kept in touch with Tower Hamlets over phone and they said I should receive the NTO late December 2018 of course it went to the old address.

I have phoned TEC and they don't even have the case yet, is it worth sending the PE3 with this one, currently at £120 or do I just pay this, pay the £278 and hope that I get given a lifeline, although unlikely on the £201 one?

Thank you.
Go to the top of the page
 
+Quote Post
Neil B
post Thu, 16 May 2019 - 17:20
Post #9


Member


Group: Members
Posts: 29,268
Joined: 16 Jan 2008
Member No.: 16,671



QUOTE (cocob1805 @ Thu, 16 May 2019 - 17:42) *
I'm unsure what my reasons would be for the 28.01.2019 ticket other than I was careless and that would be rejected? Or do I just send the PE3 form with my V5c form, tenancy agreement and hope for the best?

No, you're not getting this are you.
That one is 'in time' and it's an automatic reset to PCN stage.
You just tick the box on PE3 'Did not recieve PCN' and if you insist on writing anything in 'reasons'
it's just 'due to a change of address.

On the other one 3/11 move vs 20/10 contravention is good; you could never have received the PCN anyway,
even if you had updated DVLA promptly.

BUT we don't know where you stand. The date of the JBW Notice of Enforcement and any deadline
they set?


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

Go to the top of the page
 
+Quote Post
Neil B
post Thu, 16 May 2019 - 18:54
Post #10


Member


Group: Members
Posts: 29,268
Joined: 16 Jan 2008
Member No.: 16,671



QUOTE (cocob1805 @ Thu, 16 May 2019 - 18:07) *
Can I confirm with a PE3 only do you need to send evidence?

Answered at 18.20

QUOTE (cocob1805 @ Thu, 16 May 2019 - 18:07) *
Also, I have another to add...

I received a parking ticket in October 2018 and the first appeal was rejected. I kept in touch with Tower Hamlets over phone and they said I should receive the NTO late December 2018 of course it went to the old address.

I have phoned TEC and they don't even have the case yet, is it worth sending the PE3 with this one, currently at £120 or do I just pay this,

You can't PE3 before it's registered at TEC.

You need to start a separate thread for that one or this one will be very confusing.


QUOTE (cocob1805 @ Thu, 16 May 2019 - 18:07) *
currently at £120

It can't be.
Please get a grip with accurate amounts.

This post has been edited by Neil B: Thu, 16 May 2019 - 18:55


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

Go to the top of the page
 
+Quote Post
cocob1805
post Thu, 16 May 2019 - 19:00
Post #11


Member


Group: Members
Posts: 13
Joined: 14 May 2019
Member No.: 103,856



It’s definitely accurate? Please see attached plus I spoke to the council today...
Go to the top of the page
 
+Quote Post
Neil B
post Thu, 16 May 2019 - 19:06
Post #12


Member


Group: Members
Posts: 29,268
Joined: 16 Jan 2008
Member No.: 16,671



QUOTE (cocob1805 @ Thu, 16 May 2019 - 20:00) *
It’s definitely accurate? Please see attached plus I spoke to the council today...

Ah, yes, my mistake.
Was the original penalty £40/80 ?


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

Go to the top of the page
 
+Quote Post
cocob1805
post Thu, 16 May 2019 - 19:32
Post #13


Member


Group: Members
Posts: 13
Joined: 14 May 2019
Member No.: 103,856



Indeed, it was 40
Go to the top of the page
 
+Quote Post
Neil B
post Thu, 16 May 2019 - 19:38
Post #14


Member


Group: Members
Posts: 29,268
Joined: 16 Jan 2008
Member No.: 16,671



Then start a new thread for that one.

-----

On the £278 one
QUOTE (Neil B @ Thu, 16 May 2019 - 18:20) *
BUT we don't know where you stand. The date of the JBW Notice of Enforcement and any deadline
they set?



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

Go to the top of the page
 
+Quote Post
cocob1805
post Fri, 17 May 2019 - 16:14
Post #15


Member


Group: Members
Posts: 13
Joined: 14 May 2019
Member No.: 103,856



I can do that.

I phoned the councils for some more info on dates the letters were sent and they informed be as follows;

Islington PCN (now with JBW @ £278)
NTO - sent 31.10.2018
Charge Certificate - sent 03.12.2018
Order of Recovery - sent 13.02.2018

Hackney PCN (with TEC @ £203 until 24.05 which will then move to JBW)
NTO - sent 01.02.2019
Charge Certificate - sent 12.03.2019
Order of Recovery - sent 23.04.2019 - now this one is odd because I had definitely updated my address with the DVLA then and I never received it?

Not sure if this helps me at all.

Thanks.

Just letting you know I replied in case it doesn't notify. Apologies first time navigating this site.
Go to the top of the page
 
+Quote Post
Neil B
post Fri, 17 May 2019 - 16:56
Post #16


Member


Group: Members
Posts: 29,268
Joined: 16 Jan 2008
Member No.: 16,671



I'll try again.
QUOTE (Neil B @ Thu, 16 May 2019 - 20:38) *
On the £278 one
QUOTE (Neil B @ Thu, 16 May 2019 - 18:20) *
BUT we don't know where you stand. The date of the JBW Notice of Enforcement and any deadline
they set?





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

Go to the top of the page
 
+Quote Post
cocob1805
post Sun, 19 May 2019 - 21:32
Post #17


Member


Group: Members
Posts: 13
Joined: 14 May 2019
Member No.: 103,856



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.

I’ve managed to read all the comments I did not see before for some reason and understand everything - thanks.

Go to the top of the page
 
+Quote Post
Neil B
post Sun, 19 May 2019 - 22:20
Post #18


Member


Group: Members
Posts: 29,268
Joined: 16 Jan 2008
Member No.: 16,671



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

Go to the top of the page
 
+Quote Post
hcandersen
post Sun, 19 May 2019 - 22:58
Post #19


Member


Group: Members
Posts: 35,063
Joined: 2 Aug 2008
From: Woking
Member No.: 21,551



OP, you've lost me:

You posted:

I moved back to London to my new address and carelessly didn't update the log book until around march time.

and then:

Hackney PCN (with TEC @ £203 until 24.05 which will then move to JBW)
NTO - sent 01.02.2019
Charge Certificate - sent 12.03.2019
Order of Recovery - sent 23.04.2019 - now this one is odd because I had definitely updated my address with the DVLA then and I never received it?


The authority use the address supplied by DVLA for the NTO for every other notice unless informed to the contrary.

Feb precedes 'around march time', so nothing unusual about this.
Go to the top of the page
 
+Quote Post
cocob1805
post Mon, 20 May 2019 - 06:27
Post #20


Member


Group: Members
Posts: 13
Joined: 14 May 2019
Member No.: 103,856



I’d received my v5c back by then and dated 02.04 is what I was referring to.

But if they only check for NTO that makes sense
Go to the top of the page
 
+Quote Post

2 Pages V   1 2 >
Reply to this topicStart new topic
1 User(s) are reading this topic (1 Guests and 0 Anonymous Users)
0 Members:

 



Advertisement

Advertise here!

RSS Lo-Fi Version Time is now: Friday, 29th March 2024 - 07:25
Pepipoo uses cookies. You can find details of the cookies we use here along with links to information on how to manage them.
Please click the button to accept our cookies and hide this message. We’ll also assume that you’re happy to accept them if you continue to use the site.
IPS Driver Error

IPS Driver Error

There appears to be an error with the database.
You can try to refresh the page by clicking here