Council PCN - Notice never received |
Council PCN - Notice never received |
Mon, 16 May 2022 - 16:34
Post
#1
|
|
New Member Group: Members Posts: 1 Joined: 16 May 2022 Member No.: 116,617 |
Today an agent from newlyn bailiffs put a notice through our door stating we owe £514 for an unpaid PCN and that goods may be removed if we don't pay in full. The PCN reference number brings up an error message on the 'PCN viewer' section of our council website so we can't see the original fine, but we have found CCTV of the offence on the 'view evidence' section, and can see that on February 13th 2021, we drove down a road restricted to vehicles with permits only.
So we are not disputing the original charge but in the last 15 months we have received no letters, emails or any other notice of the fine from the council until the letter from newlyn today. We updated our address with DVLA (and V5c) on March 1st 2021, so it's possible one letter was sent to our previous address in the 15 days between the offence and the date we updated. But advice seems to suggest a further 5 letters and a court notice are usually sent before bailiffs are involved. Would all of these letters have been sent to our old address even once this was updated? Parking services can't be contacted by phone at our council, we have sent an email but they take up to 21 days to respond. There is very conflicting advice online as to whether our car can be clamped by newlyn. Any suggestions on how to escalate this or whether we can pay the original fine? |
|
|
Advertisement |
Mon, 16 May 2022 - 16:34
Post
#
|
Advertise here! |
|
|
|
Mon, 16 May 2022 - 17:01
Post
#2
|
|
Member Group: Members Posts: 23,582 Joined: 12 Feb 2013 From: London Member No.: 59,924 |
Would all of these letters have been sent to our old address even once this was updated? Yes. This is why mail forwarding is a good idea but given the proximity of the DVLA update and contravention you have a good chance of filing a successful out of time declaration. Others will advise. |
|
|
Mon, 16 May 2022 - 17:29
Post
#3
|
|
Member Group: Members Posts: 21,017 Joined: 22 Apr 2012 Member No.: 54,455 |
For contraventions detected by CCTV, councils request the keeper details from DVLA using an on-line messaging service. Once that name and address is supplied, the council will use it for the PCN and all subsequent statutory documents. AFAIK, the law doesn't permit them to obtain it again. As SFM says, the closeness of the contravention date and you sending off the V5C update means an Out-of-Time Statutory Declaration to TEC should succceed. Submitting this SD is the sole means of getting the matter reverted, so it is important you post up here what you propose to put on the two forms, PE2 and PE3 before you send them off to TEC. The forms can be downloaded from the TEC website
This post has been edited by Incandescent: Mon, 16 May 2022 - 17:31 |
|
|
Mon, 16 May 2022 - 20:25
Post
#4
|
|
Member Group: Members Posts: 29,280 Joined: 16 Jan 2008 Member No.: 16,671 |
advice seems to suggest a further 5 letters and a court notice are usually sent Where are you getting such advice; it's nonsense. There is very conflicting advice online as to whether our car can be clamped by newlyn. Again, advice from where and why would they not be able to clamp your vehicle? They have a warrant, authorised by a court, to seize goods. our council, Oh come on! Who? Croydon? This post has been edited by Neil B: Mon, 16 May 2022 - 20:25 -------------------- |
|
|
Mon, 16 May 2022 - 20:32
Post
#5
|
|
Member Group: Members Posts: 35,159 Joined: 2 Aug 2008 From: Woking Member No.: 21,551 |
We updated our address with DVLA (and V5c) on March 1st 2021
Why? Don't leave us to guess or deduce, tell us! On *** I moved from address A to address B, if true. I notified DVLA by post/online on *** and the docref date on my V5C was updated by them on ****. we owe £514 Presumably: £130 +£65 + £9 + £75 + £235? If so... The £130+65+9 are all related to the council's enforcement whereas the £75+£235 are bailiffs' charges. The £235 relates to an enforcement officer paying you a personal visit whereas the £75 relates to them sending you a Notice of Enforcement which would have given you 7 clear days to pay(or refer to the court). But according to you, the Notice of Enforcement was not received, notwithstanding that they have your address. Any suggestions on how to escalate this or whether we can pay the original fine? Procedurally all you can do is to submit an out-of-time application to the Traffic Enforcement Centre. But not before you fill in the gaps above. Pl post the 'notice' so we know how much time you have. This post has been edited by hcandersen: Mon, 16 May 2022 - 20:50 |
|
|
Lo-Fi Version | Time is now: Wednesday, 17th April 2024 - 18:11 |