Revoked order for recovery of unpaid PCN Options

[faith_f]

Hi guys,
I challenged my PCN and Northampton County Court has accepted my statutory declaration. As follow, the case has to restart. What bothers me is the fact, that I haven't been contacted by the council, yet. The letter from Northampton was received on the 23/06/2018. Then, another one from the council, confirming that the case has been restarted and I should receive a new PCN. That was on the 17/08/2018. Since then, I have not receive any further letters. The penalty is still due. What I would like to find out, is whether they are entitled to seek any payments after certain amount of time? Is there any period of time that they are supposed to take action by law?
Thanks in advance

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[PASTMYBEST]

post the documents.

[faith_f]

[PASTMYBEST]

Contact the council and ask them about the new PCN. Something is amiss is the address on the v5c document for the vehicle correct and the same as the address you currently live at

[Enceladus]

Why the unusual delays, I wonder?
SD submitted on May 8th.
TEC Order dated June 3rd.
Ealing Letter dated August 17th.

Did you receive an Order for Recovery? If so, please post it up.
Was it addressed to you at your current address?
Otherwise how did you know to submit an SD to the TEC?
Was there an Out of Time application submitted to the TEC with your SD?
Whose name and address did you put on the SD (and/or OOT)? You at your current address?

The original PCN would have been followed by a Charge Certificate.
Did that arrive?
And was it addressed to you at your current address?

[faith_f]

I moved house last year and at the same time I went on a holiday. However, I did change the address on my documents. Months later, I have been told by the new owners, that they keep getting letters for my. They gave me only one, which was PCN. They said, that there were some more, but they haven't kept them. Then, I send a cheque with letter, explaining the situation. I don't know why, but they have send the reply back to my old address. The new owners were aware of what was going and they gave me the new letter, which says that I have no right to appeal, because the Charge Certificate has been issued already. They gave me 2 options: 1- to make a payment. 2- to wait until Northampton make the order to recover. I decided to wait.
Funny enough, months later I did get a Notice of Enforcement on my new and current address. Then, I phoned Northampton and asked them if they can send to me Statutory Declaration Out of Time. I filled it out, sent it back and a month later received the papers, which you can see above. I also emailed the council, to make sure they know what's going on. The letter above is their reply.

[PASTMYBEST]

A PCn and will only be sent to the address held by DVLA and councils do not think to re check, even when told that is not the correct address. be proactive with this or risk going back to TEC

[Enceladus]

For the avoidance of doubt please confirm,
That the address where you now live is the address on the V5c registration doc for the car?
That the TEC order posted above is addressed to you at you at the address where you now live?
The docref date on the V5c? (At the bottom of page 2 there is an 11 digit docref number followed by a date.)
The date you moved to your new address?

Any new PCN should have gone to the address you supplied on the SD and OOT forms.

Was the cheque cashed?
And how much was it for? £130 or £195?

This post has been edited by Enceladus: Sun, 23 Sep 2018 - 11:19

[faith_f]

Yes, the address I live now is the same as the address on my V5c.
The TEC is been addressed to my current address as well as the letter from Ealing council you see above. The cheque for 65 GBP. wasn't cashed.
Furthermore, I have send my first email to the council 12/2017 and then one more time in January, 2018. This is the time, when I came back from my holiday, moved to the new place and got aware of what was going on.

[hcandersen]

I don’t understand why we’re going back to the Ark.

Your SD declared that you did not receive the PCN.

Para. 7(8)© therefore applies - the PCN is deemed cancelled.

https://www.legislation.gov.uk/ukla/2003/3/...edule/1/enacted


And s6(2)© applies, they have 28 days as specified:

https://www.legislation.gov.uk/ukla/2003/3/section/6/enacted

Presumably their letter is dated 2018.
It refers to a PCN yet to be sent.
They’ve missed the deadline, they’re timed out.

Or have I misread something?

[faith_f]

Yes, I believe so. Their last letter was dated 17th of August, 2018. Since then, I haven't receive any other letters, nor any PCN's.
I didn't know that they've got 28 days deadline. Because this 28 are gone, does it mean I don't have to pay anything?

[Enceladus]

Yes, I believe so. Their last letter was dated 17th of August, 2018. Since then, I haven't receive any other letters, nor any PCN's.
I didn't know that they've got 28 days deadline. Because this 28 are gone, does it mean I don't have to pay anything?

It's 28 days from the date the court order dated Saturday June 23rd was served on them. So the new PCN had to reach you on or before the 24th July. (Or is it the 25th?) So it's strange that they wrote to you on the 17th of august when they were already timed out.

Anyway there doesn't seem to be any valid reason why the replacement PCN, if indeed any fresh PCN has been issued and posted, should not have reached you since it would/should have been posted to your current address. As that is the address you put on the SD and OOT.

Since there apparently is no PCN to challenge I wouldn't worry about it.

Report back on this thread if you hear anything further.

[ford poplar]

When did you notify DVLA of V5c change of address?
Council can only use DVLA info provided at time of request

[lashes1984]

Have you checked online to see what the status of the PCN is, ie the amount due?

I had a similar situation with Haringey and eventually had to go through the complaints process to get it cancelled. Apparently the council aren’t always informed straight away by TEC when a Revoking Order is issued and in my own case it was 2 months before the council were notified. I’m not sure how true this is but may account for the delay between the Revoking Order dated June 2018 and the Councils letter dated August 2018.

Have a look to see online if there is an amount outstanding.

[hcandersen]

At this stage i.e. well after the first PCN, DVLA have no role to play. The authority are bound to use the address used by TEC in their correspondence to the OP, copied to the authority, and directly to the authority.

The authority have shown they have this i.e. the August letter.

OP, you don’t have a PCN so you cannot take procedural action.

I suggest you take extra-procedural action as follows:

Dear Mr. Parking ( whoever signed the August letter)
Same heading as they’ve used

I refer to your extra-procedural letter dated 17 August demanding payment of a penalty which is non-existent because the original PCN is deemed cancelled following TEC’s decision to accept my OOT SD and, as your letter makes clear, you have not yet issued a further PCN.

The authority had a period of 28 days following receipt of TEC’s letter in which to serve a further PCN. This period ended on 25th July, but as your letter was sent on 17th August and acknowledges that a PCN has not yet been sent then the authority are now prohibited from issuing this PCN and therefore I expect confirmation by return that this matter is now closed.

Hugs

This post has been edited by hcandersen: Tue, 25 Sep 2018 - 07:37

[faith_f]

I tried to check it online, but it didn’t let me to go through - Your Penalty Charge Notice Number is incorrect. Please check and try again. [code 3 ].
However, I will do what hcandersen say and we will see what happens.