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Possible Illegal Yellow Box Vio (Out of Time statement?)
wiltshired
post Tue, 12 May 2020 - 16:14
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I've uploaded the Google Maps cache from March 2019 (alleged violation was in April 2019). Looks like one corner doesn't go anywhere near a kerb - is this allowable?

The reason I'm writing up here so late, is that Equita (the debt collection firm) have only just tracked me down at my new address, asking for £278! I sold my car 3 days after the event and then moved house, so had no way of seeing the original notice to owner, nor did I have any way of appealing, or seeing if the notices were sent to me or the dealer I sold the car to.

The violation itself - I was caught in the box behind traffic that got stopped by a downstream traffic light (Barking and Dagenham have pics on their site using the PCN reference sent to me by Equita, but no video).

This post has been edited by wiltshired: Tue, 12 May 2020 - 20:00
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post Tue, 12 May 2020 - 16:14
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PASTMYBEST
post Wed, 13 May 2020 - 14:45
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Less than a month could easily fall into the usual crossover period I would try an out of time but don't include irrelevant info

What matters is you moved on 30th 3rd PCN 27of 4th before the v5c update had been completed. An important statement is always that it is not a matter of error or omission nor is anyone at fault, it is just an unfortunate circumstance of timing


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wiltshired
post Thu, 14 May 2020 - 13:40
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I assume I submit PE3 with PE2 and state within, that my reasons are detailed in PE2:

My reasons for filing the Statutory Declaration outside the given time are as follows:

"I did not receive the Penalty Charge Notice, and have only been made aware of the matter at my new address via the debt collection agents, Equita. According to my diary, I had moved from [location redacted] on the 29th of March 2019, to my present address and chose not to update my address with the DVLA as the administrative delay may have impeded the sale of my vehicle. The sale of my vehicle was a matter of urgency due to regulatory changes (ULEZ) starting 8th of April 2019, but not to be completed before I had used it to furnish my apartment. My vehicle was eventually sold on 30th of April 2019, 3 days after the alleged contravention. Therefore, I ask that consideration is given to these circumstances, not due to a fault on anyones part, but because the unfortunate timing of my move and the sale of my vehicle made changing the details highly impractical. My intention is to comply fully with the procedure, once papers are re-issued."

This post has been edited by wiltshired: Thu, 14 May 2020 - 13:46
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stamfordman
post Thu, 14 May 2020 - 14:03
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That doesn't look good to me - I would start with the date of sale and date of contravention before addressing the move.

There is also the date of the new V5C to note on 29 May as confirming the paperwork went through after the sale.

But this is not my area - Neil is the expert on these.
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PASTMYBEST
post Thu, 14 May 2020 - 14:07
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Telling the judge you deliberately did not reregister your v5c will at least give them a laugh before they throw it out. Never tell lies but if a question is not asked you do not volunteer information that could harm your case


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Neil B
post Thu, 14 May 2020 - 14:15
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QUOTE (stamfordman @ Thu, 14 May 2020 - 15:03) *
That doesn't look good to me - I would start with the date of sale and date of contravention before addressing the move.

There is also the date of the new V5C to note on 29 May as confirming the paperwork went through after the sale.

I agree but I'm also finding this one quite tough to put into words.

Even if DoC and DoS were the only two relevant dates a PCN would have reached the OP if his V5 had been up to date.
So the delayed update does need explaining, as he has, but of course lays it open to a council objection.

The actual explanation seems perfectly reasonable to me but needs thinking on wording: Councils don't do 'reasonable'.


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

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PASTMYBEST
post Thu, 14 May 2020 - 14:54
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What's the DVLA advice re contacting them if your new v5c has not been recieved, it used to be 6 weeks if so the OP could have sent it off on the day he moved and not known it had not been registered. That he did know does not need telling. But if asked by the court cannot be denied


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stamfordman
post Thu, 14 May 2020 - 15:29
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QUOTE (PASTMYBEST @ Thu, 14 May 2020 - 15:54) *
What's the DVLA advice re contacting them if your new v5c has not been recieved, it used to be 6 weeks if so the OP could have sent it off on the day he moved and not known it had not been registered. That he did know does not need telling. But if asked by the court cannot be denied



Are you saying that it's possible a second V5C change following a first overrides it. Issue is we have a month from move to sale to account for.

I'm tempted to just say something like please note I moved shortly before the sale of the car and could not update the V5C owing to the impending sale.

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Neil B
post Thu, 14 May 2020 - 17:07
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QUOTE (PASTMYBEST @ Thu, 14 May 2020 - 15:07) *
Telling the judge

QUOTE (PASTMYBEST @ Thu, 14 May 2020 - 15:54) *
if asked by the court

Can we just remember, and for clarity for the OP, neither of the above can happen during his OOT application.


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

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wiltshired
post Thu, 21 May 2020 - 13:39
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So, to make it less specific:

QUOTE
"I did not receive the Penalty Charge Notice, and have only been made aware of the matter at my new address via the debt collection agents, Equita. Shortly before the contravention, I had moved from my old address to my present, choosing not to update my address with the DVLA as the administrative delay would have impeded the sale of my vehicle. The sale of my vehicle was a matter of urgency due to regulatory changes (ULEZ) starting 8th of April 2019. Using the documents I had retained, I sold my vehicle on 30th of April 2019, 3 days after the alleged contravention. Therefore, I ask that consideration is given to these circumstances, not due to a fault on anyones part, but because the unfortunate timing of my move and the sale of my vehicle made changing the details impossible. My intention is to comply fully with the procedure, once papers are re-issued."
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Neil B
post Fri, 22 May 2020 - 22:13
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We honestly can't tell mate but you may as well try or you'll never sleep at night for the 'what if?'

It mkes sense to me but probably an easy one for a council to find reason to oppose >> IF >>

If they are of such a mindset in the current emergency. Have they even got the staff to bother?.


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

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hcandersen
post Sat, 23 May 2020 - 08:05
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Edited, see subsequent posts.

This post has been edited by hcandersen: Sat, 23 May 2020 - 16:13
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Neil B
post Sat, 23 May 2020 - 15:30
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Ed.

This post has been edited by Neil B: Sat, 23 May 2020 - 18:12


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

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hcandersen
post Sat, 23 May 2020 - 16:13
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Thanks.

Sorry, I thought that was a typo. 😏

I've edited.

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wiltshired
post Wed, 27 May 2020 - 17:49
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To be clear, PE2, doesnt need to mention anything except mentioning "the reasoning on PE3"?
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Neil B
post Wed, 27 May 2020 - 18:20
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QUOTE (wiltshired @ Wed, 27 May 2020 - 18:49) *
To be clear, PE2, doesnt need to mention anything except mentioning "the reasoning on PE3"?

PE2 is where your main explanation goes; why are you submitting PE2 late.

PE3 needs only a precis, as little as a sentence or two.


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

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