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Forced to pay fine upfront (received no letters)
Karim
post Fri, 17 Aug 2018 - 11:38
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My vehicle was being impounded by the high court enforcement because of an unpaid contravention 34J Being in a bus lane. This was issued on 11/05/2017 and my vehicle was being impounded by Equita on 18/07/2018. Luckily I arrived to my car on time and after discussing with the officer I said I do not recall or ever heard of receiving a fine for being in a bus lane and if I did, I would always pay within 2 weeks. He checked the system and said 7 letters were sent over the period of 1 year, however I received NO letters! I am sure the address is correct where I am living, I trust everyone living in the house etc. I always receive all letters including the council, I have had PCN tickets from council before but for this particular fine nothing at all, how can this be? This forced me to pay £513 up front! The officer then giving all details needed and I was able to check the PCN online and now have the evidence of the contravention but no letters which is very strange!

I will be calling council to see why letters haven't been sent but I can image they will just be saying "we have sent them" here is a video clip of the contravention that was not known to me until I caught the officer impounding my vehicle:

http://vimeo.com/285471611

After viewing the footage I've accepted the contravention but not paying £513
as I have received no letters, what can I do about this and how could of this happened? I would be willing to go court if I fighting chance... do they not need to provide evidence for letters sent?! Plus can we not go in a bus lane to make a left turn? I cannot provide the charge notice as I have not received any.

Thanks!
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post Fri, 17 Aug 2018 - 11:38
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Karim
post Fri, 17 Aug 2018 - 12:24
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Some confusion cleared, Equita is stating the address they have on file is my new correct address.
However the council has confirmed letters were sent to my previous address. I have contacted Equita to find out where they have got my new address from and they said the request only comes from the council. The council has argued they have not given the new address to them and they got it elsewhere.

So the council has been sending all correspondence to my previous address while Equita found my new address somewhere. The contravention was issued on 11th may 2017 which at the time held my previous address. I moved to my new address on June 2017 which explains why I received no letters.

Where can I go from here?
Do I need to submit a Statutory Declaration Out of Time application?

This post has been edited by Karim: Fri, 17 Aug 2018 - 12:48
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stamfordman
post Fri, 17 Aug 2018 - 12:51
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Go check the V5C registration document for the car. What address is on it? If your current one, when was it changed (the docref date on the form will tell you).

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Neil B
post Fri, 17 Aug 2018 - 13:04
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QUOTE (stamfordman @ Fri, 17 Aug 2018 - 13:51) *
Go check the V5C registration document for the car. What address is on it? If your current one, when was it changed (the docref date on the form will tell you).

QUOTE (Karim @ Fri, 17 Aug 2018 - 13:24) *
The contravention was issued on 11th may 2017 which at the time held my previous address. I moved to my new address on June 2017 which explains why I received no letters.

"June" is vague. Check as per Stamfordman.

Moves near the time of contravention are strong cases.
Are you sure 11/5 is PCN date or contravention date?
More importantly, ask the Council hoth PCN and Enforcement Notice issue dates, as this is London.

QUOTE (Karim @ Fri, 17 Aug 2018 - 13:24) *
Where can I go from here?
Do I need to submit a Statutory Declaration Out of Time application?

Yes but DON'T do it without our help.


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

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Karim
post Fri, 17 Aug 2018 - 13:52
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My vehicle was stolen with my V5C registration document so I can only request information from
DVLA for the time being until I receive my new V5C.

According to the dates I should of received the first letter but did not:-

11/5/17 - contravention date
16/5/17 - PCN issued/first letter?
22/6/17 - Notice to Owner
xxxxxxx - charge certificate
31/10/17 - sent to Equita

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stamfordman
post Fri, 17 Aug 2018 - 14:02
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So, did you change the registered address last year for the car when you moved?

What date did you move?
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