Notice of Enforcement I never got the PCN, Please help urgent |
Notice of Enforcement I never got the PCN, Please help urgent |
Fri, 12 Oct 2018 - 21:24
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#1
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Member Group: Members Posts: 56 Joined: 5 Oct 2018 Member No.: 100,225 |
Please help I have a Notice of Enforcement from the baliff and I did not get the PCN and I am shocked to see notice now. I fear they will clamp my car.
I am having a very difficult time at present . I am a single dad with a 5 month old now and cant afford to pay up.Please help. I recall updating my address on my log book in the first (two weeks of June 2018). This post has been edited by Steven225: Fri, 12 Oct 2018 - 21:29 |
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Fri, 12 Oct 2018 - 21:24
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Sat, 13 Oct 2018 - 00:21
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#2
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
You need to find out when the debt was registered with the Traffic Enforcement Centre, give them a call first thing Monday to find out: https://courttribunalfinder.service.gov.uk/...ment-centre-tec
Unfortunately the likelihood is that you will need to file and out of time Statutory Declaration, don't attempt this without getting detailed advice on here first. -------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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Thu, 18 Oct 2018 - 16:17
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#3
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Member Group: Members Posts: 56 Joined: 5 Oct 2018 Member No.: 100,225 |
I'm sincerely fed up with this.
I called them and they said the council had sent all the requests to the old address and I would need to complete a PE2&PE3 form as the charge was for going left when I was not supposed to. They emailed me a PE2&PE3 form and said I need to go to a solicitor to get it signed at cost. What now as the baliff date is today and I have read horror stories about the baliff and their clamping of vehicles to extrort huge sums of money. |
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Thu, 18 Oct 2018 - 17:22
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#4
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Member Group: Members Posts: 20,915 Joined: 22 Apr 2012 Member No.: 54,455 |
PCN is for a moving traffic offence, (banned turn), so sent by post. Date of contravention 2nd May so allow a few days for processing the CCTV which makes the PCN issued some time around 10th May. They get the keeper details from the DVLA using a on-line request system, so the question is - when did you move house ?
We are seeing a real epidemic of posters on here with bailiff at the door who have been tardy or even have yet to update their V5 following a house move. Submitting an Out-of-Time Statutory Declaration is free, but can, (and will be), be opposed by the council. At this point it starts to cost money - £100 for a review of the decision or £255 to see a county court judge personally. Neither sum is reimbursible. |
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Thu, 18 Oct 2018 - 17:33
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#5
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Member Group: Members Posts: 56 Joined: 5 Oct 2018 Member No.: 100,225 |
PCN is for a moving traffic offence, (banned turn), so sent by post. Date of contravention 2nd May so allow a few days for processing the CCTV which makes the PCN issued some time around 10th May. They get the keeper details from the DVLA using a on-line request system, so the question is - when did you move house ? We are seeing a real epidemic of posters on here with bailiff at the door who have been tardy or even have yet to update their V5 following a house move. Submitting an Out-of-Time Statutory Declaration is free, but can, (and will be), be opposed by the council. At this point it starts to cost money - £100 for a review of the decision or £255 to see a county court judge personally. Neither sum is reimbursible. I moved on 28th may - 3rd June 18 and i updated my log book straight after moving. So what does this mean? I get unfairly scammed again by a council money grabbing loop hole and fork out the almost £300 for allegedlly turning right with no appeal or chance to pay? |
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Thu, 18 Oct 2018 - 18:45
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#6
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Member Group: Members Posts: 20,915 Joined: 22 Apr 2012 Member No.: 54,455 |
Your case shows how easy a PCN can slip between the cracks. You would appear to have updated your V5 fairly promptly, (albeit two weeks after moving, we see much worse !). However you seem to have put no mail redirection in place or arranged to pick up mail at intervals.
In your case, therefore, an OOT SD could well succeed, so submit one. There is a website that assists with these : - www.bailiffadviceonline.co.uk A small fee is charged, but means it will have been correctly formatted, so will not just get chucked out on arrival at TEC as so often happens. |
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Thu, 18 Oct 2018 - 18:53
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#7
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Member Group: Members Posts: 56 Joined: 5 Oct 2018 Member No.: 100,225 |
Your case shows how easy a PCN can slip between the cracks. You would appear to have updated your V5 fairly promptly, (albeit two weeks after moving, we see much worse !). However you seem to have put no mail redirection in place or arranged to pick up mail at intervals. In your case, therefore, an OOT SD could well succeed, so submit one. There is a website that assists with these : - www.bailiffadviceonline.co.uk A small fee is charged, but means it will have been correctly formatted, so will not just get chucked out on arrival at TEC as so often happens. The website name already is already making me tremble. Can the council challenge this if I submit it ? Also this system is a complete farce! So I move address and update my V5 log book with DVLA within the week and I am then slapped a huge baliff fee (£300) for allegedly turning right when I should not have. Clearly this is an organised scam! My address was updated surley there were stages of letters send out and this is disgusting. I have a new born and I cant afford to be runnigm up and down paying 50% of my wages for allegedly making the incorrect turn. Do we have a petiton to hold these extortinate money scamming councils to account! Many Thanks for the help. I'll have to type the letter my self and hopefully run to a county court after work to get the forms signed and then scan and email it to TEC before these **** clamp my car and I can take my new born son any where or commute to work! http://bailiffadviceonline.co.uk/index-pag...tness-statement This post has been edited by Steven225: Thu, 18 Oct 2018 - 19:07 |
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Thu, 18 Oct 2018 - 19:12
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#8
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Member Group: Members Posts: 56 Joined: 5 Oct 2018 Member No.: 100,225 |
This is what I was sent and the PE2&PE3 forms
QUOTE Thank you for your enquiry,
The Traffic Enforcement Centre (TEC) is the designated Court registration point for Local Authorities that are seeking Court authorisation for them to produce and issue a warrant of execution in accordance with The Road Traffic Act or The Traffic Management Act. They will then give the warrant to their Private Certified Bailiffs so they can collect what that Local Authority believe is an unpaid penalty charge notice owed to them by the registered owner or keeper of the vehicle at the time of the alleged contravention. Their Private Certified Bailiffs would also add their charges to the debt to be collected. It is the local authority that sends out all penalty charge notices not the (TEC). It is not possible to dispute the original penalty notice concerned while it remains registered at the (TEC). This should have been done before it became subject to enforcement by that Local Authority. If no correctly completed form to contest the court registration (sent by the local authority with an Order for Recovery) is received by the (TEC) within the time allowed to remove the Court registration, then there would be nothing to prevent the Local Authority commencing enforcement. To contest the enforcement action being taken by the local authority concerned and get their Bailiff action suspended please see below. To make an out of time Statutory Declaration application a PE3 & PE2 (attached) must both be fully completed correctly, witnessed and submitted together for each penalty charge number. The PE2 must contain the reason why the PE3 was not submitted within the time allowed. This form should not be used to give reasons for appeal against the original penalty charge. The PE3 & PE2 forms must both be witnessed; this can be done at any local county court. You should check with the local court before you attend to get a Statutory forms witnessed, as not all courts offer this service. You would also check to see if you need ID when you attend. The completed and witnessed PE3 & PE2 could be submitted as below: Posted to County Court Business Centre Her Majesty’s Courts & Tribunals Service St Katharine’s House 21-27 St Katharine’s Street Northampton NN1 2LH |
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Thu, 18 Oct 2018 - 19:25
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#9
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Member Group: Members Posts: 29,265 Joined: 16 Jan 2008 Member No.: 16,671 |
I moved on 28th may - 3rd June 18 and i updated my log book straight after moving. and your new V5 has what date? - the 'docref' date. Time is very short but it would be good if you found out exactly when the Council sent out the PCN. -- Without such facts I can't think what you were intending putting in the PE2. -------------------- |
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Thu, 18 Oct 2018 - 19:39
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#10
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Member Group: Members Posts: 56 Joined: 5 Oct 2018 Member No.: 100,225 |
I moved on 28th may - 3rd June 18 and i updated my log book straight after moving. and your new V5 has what date? - the 'docref' date. Time is very short but it would be good if you found out exactly when the Council sent out the PCN. -- Without such facts I can't think what you were intending putting in the PE2. "I DID NOT RECEIVE A NOTICE TO OWNER/CONTRAVENTION TICKET. I BELIEVE ALL NOTICES HAD BEEN SENT TO A PREVIOUS ADDRESS OR THEY WERE NEVER ISSUED IN THE FIRST PLACE AS I HAVE RECIEVED THE BALIFF LETTER WITH A SHOCK." |
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Thu, 18 Oct 2018 - 20:13
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#11
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Member Group: Members Posts: 29,265 Joined: 16 Jan 2008 Member No.: 16,671 |
I'm at a loss to know how to respond and I don't have time to explain it all I'm afraid.
I can only suggest you follow the recommendation of Incandescent in post #6. -------------------- |
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Thu, 18 Oct 2018 - 21:03
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#12
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Member Group: Members Posts: 20,915 Joined: 22 Apr 2012 Member No.: 54,455 |
First off you need to stop all the emotional stuff and concentrate!
There are often cases where moving house and updating the V5 coincides with a PCN being issued by post. You did not put in any mail redirection, or check for mail at your old address, so now must invoke the Out-of-Time Statutory Declaration process. The council have followed the process exactly, so if it were me, I'd submit an OOT with help from us or the website I quoted. You might also care to contact the council who issued the PCN and point out what has happened. The text you have quoted above for your OOT is the bones of it, but needs a lot of tidying up. You must emphasise that the house move and update to the V5 coincided with the council issueing the PCN. This post has been edited by Incandescent: Thu, 18 Oct 2018 - 21:15 |
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Fri, 19 Oct 2018 - 15:38
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#13
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Member Group: Members Posts: 56 Joined: 5 Oct 2018 Member No.: 100,225 |
First off you need to stop all the emotional stuff and concentrate! There are often cases where moving house and updating the V5 coincides with a PCN being issued by post. You did not put in any mail redirection, or check for mail at your old address, so now must invoke the Out-of-Time Statutory Declaration process. The council have followed the process exactly, so if it were me, I'd submit an OOT with help from us or the website I quoted. You might also care to contact the council who issued the PCN and point out what has happened. The text you have quoted above for your OOT is the bones of it, but needs a lot of tidying up. You must emphasise that the house move and update to the V5 coincided with the council issueing the PCN. I see. I got a solicitor to sign it when done, as the court said the earliest appointment is 6 November 2018. I will put together a blurb and post it thanks. This post has been edited by Steven225: Sat, 20 Oct 2018 - 07:48 |
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Sat, 20 Oct 2018 - 07:54
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#14
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Member Group: Members Posts: 56 Joined: 5 Oct 2018 Member No.: 100,225 |
**UPDATE**
I got the PCN details and its from the infamous Leytonstone McDonalds! Cash Cow Councils are still ripping us hardworking folk of the little we have. The footage is all from the top view and there is no visible signage in the video. View Your Penalty Charge Notice (PCN) Case status: Contact 020 8496 3000 for bailiff contact details PCN number: FR-------- Vehicle Registration: ----------- Vehicle make: ---------- Contravention description: Performing a prohibited turn (no right turn) Contravention explanation: Making a prohibited turn as indicated by a sign will cause danger to other road users and so a PCN is issued. Location: High Rd Leytonstone E11 / McDonalds (cctv) Contravention date: 02/05/2018 Contravention time: 09:46 PM Note how all cars are parked on the pedestrian footway blocking but they chase me for a notoriously unfair contravention in my opinnion. This post has been edited by Steven225: Sat, 20 Oct 2018 - 08:00 |
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Sat, 20 Oct 2018 - 08:48
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#15
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Member Group: Members Posts: 20,915 Joined: 22 Apr 2012 Member No.: 54,455 |
OK, fine you can see the PCN details, but the really urgent thing to now sort out is making sure your OOT gets accepted, as if it isn't the PCN is irrelevant, you'll have to just pay the bailiffs.
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Sat, 20 Oct 2018 - 16:07
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#16
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Member Group: Members Posts: 35,059 Joined: 2 Aug 2008 From: Woking Member No.: 21,551 |
And the 'docref' date on your updated V5C is?
This is the crucial piece of info, and we're still none the wiser. |
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Thu, 25 Oct 2018 - 15:19
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#17
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Member Group: Members Posts: 56 Joined: 5 Oct 2018 Member No.: 100,225 |
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Thu, 25 Oct 2018 - 15:37
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#18
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Member Group: Members Posts: 35,059 Joined: 2 Aug 2008 From: Woking Member No.: 21,551 |
At last.
Progress, but we're not there. What is the date of the PCN? Not the contravention date, the date it was issued. This is another vital piece of info. And while we're on the subject, how did you notify DVLA? As my favourite TV judge says, pl do not try to guess why I'm asking, just answer. IMO, with the docref, date of issue and how you notified them we have all we need to make a compelling submission. |
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Thu, 25 Oct 2018 - 17:34
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#19
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Member Group: Members Posts: 29,265 Joined: 16 Jan 2008 Member No.: 16,671 |
I asked both, a full week ago HCA.
I fear there's little hope of the OP understanding urgency and a further fee of £235 looms. -------------------- |
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Fri, 26 Oct 2018 - 09:56
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#20
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Member Group: Members Posts: 56 Joined: 5 Oct 2018 Member No.: 100,225 |
At last. Progress, but we're not there. What is the date of the PCN? Not the contravention date, the date it was issued. This is another vital piece of info. And while we're on the subject, how did you notify DVLA? As my favourite TV judge says, pl do not try to guess why I'm asking, just answer. IMO, with the docref, date of issue and how you notified them we have all we need to make a compelling submission. Date of the PCN from online CCTV viewer This is all I could get, I will call today to get more infomation. Case status: Contact 020 8496 3000 for bailiff contact details PCN number: FR------- Vehicle Registration: -------- Vehicle make: --------- Contravention description: Performing a prohibited turn (no right turn) Contravention explanation: Making a prohibited turn as indicated by a sign will cause danger to other road users and so a PCN is issued. Location: High Rd Leytonstone E11 / McDonalds (cctv) Contravention date: 02/05/2018 Contravention time: 09:46 PM how did you notify DVLA I called them and they said post green part of log book and do not tick new owner and they would update the address. Thanks |
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