Help - Bailiffs notice of enforcement - first letter received, This is the first we are hearing of this Options

[aderojue]

Hi, Hoping you could help us on what to do. We have received the attached letter - this is the first ever correspondence we've received on this. We moved house in August but our new buy fell through so there was nowhere to redirect or change address to.

We finally found and moved into a new place in Sept. and eventually changed our address in January- our log book shows the new address as at 7/02/18

Today, we've received the attached letter and tried to contact Newham to get more info on the PCN and whether a court order has been filed - the automated system refuses to put us through to anyone as our case has already gotten to the bailiff stage. Not sure why none of the other letters came through to the new address as I believe several letters should have been sent before this stage? Also noticed the name is spelt wrong.

Any advise on the next step please?

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[peterguk]

our new buy fell through so there was nowhere to redirect or change address to.

So you were living in the local park with no post box?

[aderojue]

lol - no we were lodging with friends in a temporary accommodation for a month.

[peterguk]

lol - no we were lodging with friends in a temporary accommodation for a month.

So mail forwarding was possible.

[Neil B]

Can you just clarify the timescale you refer to; which August and September?

[aderojue]

Got the dates wrong. Please see below the correct dates:

sold property: 7th June 2017
Moved into new property: 18th Sept. 2017
Changed log books address: January 2018 (can't remember exact date it was posted but log book shows printed 7th Feb 2018)

[Neil B]

You've obscured too much.
Is there a PCN number on the notice?

- and the second page?

[aderojue]

Yes there is, do you need it? I just spoke to TEC and they said to fill in in PE3 & PE2 forms - they've emailed them to me and I've booked my appointment with the local court for tomorrow to get it witnessed. They confirmed that they had the old address but was changed on the 7th Sept to the new one as the bailiff's applied to the dvla.

Below is the second page.

[hcandersen]

You sold a property.

If you were then buying another - which fell through - then normally either both or none would complete, not just one. It’s not always this way, for example when I moved into my current home I lived with my brother for 2 weeks after completing on my sale because the whole chain couldn’t agree a completion date and so someone had to be the fire-break otherwise it would have collapsed.

Can you fill in some details.

In any event, the procedure’s simple:

https://www.londontribunals.gov.uk/eat/unde...rcement-process

The authority used an address where you were not living and at which you could not receive notices. Not their fault, they used DVLA data, and arguably not yours because you did not occupy a property at which mail could be served until 18 Sept. and which could be notified to DVLA as being the address of the registered keeper.

I’d just like to know more detail about why you were of no fixed abode for 3 months and didn’t move into a fixed address when you sold your property.

This post has been edited by hcandersen: Mon, 24 Sep 2018 - 16:11

[aderojue]

We were given the choice to pull out of the sale but that would have broken the chain. We didn't want that because it took a while to secure a buyer and also, they would have lost out on some of their fees like we did. We didn't think that was necessary for both of us to lose out because our seller decided to gazump.

We found the new place in June and we were told it would be a quick process as the new seller was not in a chain. Unfortunately, it didn't happen that way - the times kept moving and moving. And then when we eventually bought the property, we couldn't move in straightaway as there were issues at the property - wasp infestation, gas leak, etc - just a series of unfortunate events i'm afraid.

[hcandersen]

Absolutely fine, these things happen and, as you say, someone has to compromise.

I think that you didn’t notify DVLA until Jan. is of no importance as regards these events. What still niggles in my mind is why you didn’t contact the purchasers of your property to get mail, and them you. It’s icing on the cake of your argument, but I like icing.

[aderojue]

We did, they said they "returned to sender" all posts they received. When we changed our address, we also spoke to the DVLA to find out if there had been any requests made for keeper's details (just to cover our backs). All they were aware of at the time was Dartcharge and we contacted them quickly to sort that out. DartCharge actually confirmed that they got a "return to sender" on their letters.

[Neil B]

I just spoke to TEC and they said to fill in in PE3 & PE2 forms - they've emailed them to me and I've booked my appointment with the local court for tomorrow to get it witnessed.

Well, yeah but not quite as simple as that.
Your application can be opposed by Newham and they invariably do.

You need to understand what the forms are, particularly PE2 and your content should try to explain things clearly
and focused enough to deter any objection or gain the (outside) chance a TEC Officer will overrule any objection.

You should post a draft here first.

[aderojue]

PE3
I did not receive the Notice to Owner (Parking contravention) or Enforcement Notice (Bus lane contravention) or Penalty Charge Notice (Moving Traffic contravention or Congestion Charging contravention)

I moved house in June 2017 and was meant to move into a new property with my wife and baby same time, however, the seller pulled out. We decided to continue with the sale of our property, hoping to find a new place - we lodged with friends and family while we .

Unfortunately, we weren’t able to move into the new place until Sept. 17. We submitted our change of address in Jan 18 and received our new docs at the new address in Feb.

The purchaser of our property confirmed that they had sent all our letters back to sender and we also double checked with the DVLA to see if there were any searches made on our account but this PCN didn’t come up.

On the 24th Sept 2018, we received this letter and immediately made all the necessary steps to resolve this. We have discussed with TEC and have been advised to fill in this form. They confirmed that they previously had the old address and this was only updated on their record on 7th Sept. 18.

PE2
My reasons for filing the Statutory Declaration outside the given time are as follows: (Please give full details).
(Do not give your reasons for appeal against the original penalty charge on this form).

I was not aware of the PCN as I did not receive the documents as they were sent to an old address. My new address was updated with the DVLA as soon as we moved into a permanent residence but this was not updated in the council’s database. I believe this has now been updated as at 7th Sept 2018.

[Neil B]

All of the detail goes on PE2.

Just a single sentence, if anything, on PE3.

---

and, for me, no, on what you've written.

See what HCA thinks if he comments.

[aderojue]

ok, let me write up another draft. thanks

[hcandersen]

The notices were sent to the wrong address and therefore not received.

Details
The alleged contravention occurred on 31 August at which time I was in the throes of completing the purchase of a house into which I moved on *** - see **** enclosed(provide some evidence e.g. conveyancer’s letter confirming completion date). I don’t know on what date the authority requested my details from DVLA, but given the time lag in DVLA updating registered keeper details my correct details could certainly not have been updated by DVLA and supplied to the authority until late Sept/early October 2017 at the earliest which would explain why the authority were supplied with and sent all notices to the wrong address.

[aderojue]

thanks a lot, i'll send this and attach the evidence.

[aderojue]

Hi all, sad news I’m afraid. The application was refused. We filled it in exactly as advised and attached our evidence of sale and also when we moved into the property.

We also saw a copy of the evidence newham provided and it was only a short note stating that they sent the form to the address provided by dvla.

They have said we will need to pay £255 to appeal to the judge which is about the same cost as the fine so we might as well pay. This is absolutely disgusting.

[Neil B]

It is NOT £255.

£100 for a Judge with the appropriate experience to review the case.

Show us the Newham objection please.