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ULEZ Contravention - Old V5 Address
grodecki
post Wed, 26 Feb 2020 - 20:43
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Hi

Today I opened a letter from JBW in regards to a ULEZ contravention - asking for £550. Dated 18/02/2020. This is the first correspondence to my present address.

This was for a car that I sold in August of last year. The contravention happened on the day the car was sold and was categorically not myself.

I have spoken to TFL and TEC and they have advised I file a statutory declaration as I have not seen the original offence letter - this is absolutely true, but the reason for it is, as I have now realised, is that I forgot to update the address on the V5 prior to sale, and as such any notification went to my prior address. I am aware this itself is an offense with a fine of up to £1000 - and I am guilty of this offense - that is not in doubt. The ULEZ offence, however, I am not guilty of.

I have contacted the party who purchased my car and he immediately has said that yes, he did enter the ULEZ, but duly paid the fine. He says he is going to look for a receipt or proof of payment for me. Of course, this is very much appreciated, and if it turns out to exist, will hopefully make this all go away.

I do not have proof of v5 transfer, due to the same address issue. This is again, entirely my bad and something I did not realise until today. I have written to the DVLA today requesting a reissue of this in line with DVLA procedures.

I do however have evidence showing that the car was sold on that day via eBay, the buyer (as of today) saying that he did cross into the ULEZ and did pay a fine on that day, as well as evidence to support that I had declared the car SORN and I was no longer insured on the vehicle at the date of sale (it was on private property when sold).

I have no absolute evidence however that the contravention was not me - other than the the above, as, with it being on the same day as the sale of the car, it could've been 'before' or 'after' the sale. Again, the buyer seems to be a genuine chap so at least I've got that going for me.

My questions are as follows;
1. Should I file a statutory declaration? It would be absolutely true to say that I have not seen original correspondence, but the reason for this is entirely my own fault, and could therefore end up with a fine above the current £550.

2. Should my filing be conditional on any sort of evidence being supplied by the buyer? Aka, should I send the statutory declaration immediately, or shall I wait to see if the buyer can produce something?

3. If I receive proof that the buyer indeed paid a ULEZ fine for that day - what do I do with it? Do I provide the reference to TEC? TFL? JBW? (unlikely!), or do I wait for the re-issue after a statutory declaration?

4. I am going away on holiday for three weeks as of the 7th of March - I obviously do not want this to progress in a way I cannot control - is there anything I can do in order to give myself the best chances here

5. I can afford the £550, if needs be. It's absolutely not ideal, but if it's that or £1000 for my lack of address update, I know which I will go with.

Many thanks - this forum is a truly wonderful resource and has aided me once previously. Shall definitely throw some money down the donation hole after the conclusion of this, relatively self inflicted, annoyance!

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post Wed, 26 Feb 2020 - 20:43
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grodecki
post Tue, 19 May 2020 - 10:13
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An update - after filing a statutory declaration clearly setting out the above, alongside proof of sale of the car, the PCN enforcement has been revoked. I need to contact TFL to see what they plan to do about re-issuing the PCN.

Again, many thanks all.
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PASTMYBEST
post Tue, 19 May 2020 - 11:40
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QUOTE (grodecki @ Tue, 19 May 2020 - 11:13) *
An update - after filing a statutory declaration clearly setting out the above, alongside proof of sale of the car, the PCN enforcement has been revoked. I need to contact TFL to see what they plan to do about re-issuing the PCN.

Again, many thanks all.



I know the revoking order say you should contact them. Our usual advise is that this is not what the regs say. but you need to be sure that they have and will use the correct address so perhaps it is better if you do contact them with those details


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grodecki
post Tue, 19 May 2020 - 14:18
Post #23


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QUOTE (PASTMYBEST @ Tue, 19 May 2020 - 12:40) *
QUOTE (grodecki @ Tue, 19 May 2020 - 11:13) *
An update - after filing a statutory declaration clearly setting out the above, alongside proof of sale of the car, the PCN enforcement has been revoked. I need to contact TFL to see what they plan to do about re-issuing the PCN.

Again, many thanks all.



I know the revoking order say you should contact them. Our usual advise is that this is not what the regs say. but you need to be sure that they have and will use the correct address so perhaps it is better if you do contact them with those details


That was my thinking as well - I could definitely see this whole thing simply recurring.
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