Bailiffs have clamped car Options

[Toogo]

Hi all, hope you can help.
Could somebody please advise on what to do regarding which form to fill in for statutory out of date declaration. The original offence was turning right at a no-right turn junction.
The offence was in January, but due to personal circumstances I have been at a different address since last November and have received very little post.

I did not receive the original offence notice or any possible reminders. The first I heard of any problems was on Sunday 12th August, when my house sitting nephew brought me two letters from the bailiffs and the news that they were banging on the door. I tried contacting the bailiffs yesterday and they informed me I should fill out a statutory out of date declaration. An hour later I went outside to find my car had been clamped.
I am confused as to which forms to fill in for the declaration, whether it is the PE2 or PE3. I had a look tonight at the PCN number and evidence from the council and I admit I am liable for the original charge. But I just need to deal with the bailiffs who want over £500! for an offence I would have paid for straight away.

Thank you in advance for your time

[Advertisement]

[peterguk]

Either update your V5C to your current address, or put in place reliable mail forwarding.

[PASTMYBEST]

Either update your V5C to your current address, or put in place reliable mail forwarding.

That's helpful peter.

You need forms PE2 and PE3 here


https://www.gov.uk/government/collections/t...nt-centre-forms

[Enceladus]

On the PE2 out of time form you'll need to explain why it is you are late submitting the PE3 statutory declaration. Moving elsewhere and failing to promptly update the DVLA with your new address doesn't really help much. You mentioned your nephew is house-sitting so what did he do with your post? In particular the original postal PCN, followed by a Charge Certificate and then an Order for Recovery.

You really need to get the SD submitted tomorrow as early as possible. The witnessed forms can be scanned and emailed to the TEC. You'll need the PCN number and date of contravention. Do you have this?

[hcandersen]

And on what grounds would you submit your OOT?

Did not receive PCN?

But the authority would state that they sent this to the address held by DVLA.

Are you saying they didn't or that they did and it was delivered but you did not actually get it in your hands?

But you were still registered at that address.

Are you saying that whoever was residing at the house did not forward your mail - you moved in Nov and it’s now Aug, are you asking the court to believe you cut yourself off from your mail for 9 months? IMO, if not receiving your mail was due to an act of omission or commission on your part then you have an uphill struggle. But if due to the same on the part of another party?

[Incandescent]

OP, you're going to find it very difficult to overturn this. You did not update your V5, seemingly relying on somebody else to forward mail in "an arrangement". Clearly this failed you.
It is not sufficient with OOT declarations just to say "I never got the PCN". It is virtually guaranteed that the council will oppose your declaration as they sent the statutory documents to the V5 name and address, so TEC will reject your OOT. So you must be able to provide a good narrative on why you didn't get the PCN. Once TEC reject, and if you are sure of your ground, you can pay £100 for a County Court judge to review the papers and, hopefully, overturn the TEC rejection. If the judge confirms the TEC decision you're out of pocket of the £100, and still have the bailiffs to pay. If you're really, really, sure of your grounds, then you see a Judge-in-Chambers personally, but this costs £255. You won't get either sum back if successful.

You haven't told us what money the bailiffs want, but it is now a matter of weighing up what is best - pay the bailliffs or spend more money fighting them with no sureness of success. We see stories like yours every week on this forum. People don't seem to realise the importance of up-to-date V5s and thus get the bailiffs at their door.

[Neil B]

Well, erm --

Following a few posts on this one I don't really see what else we can possibly do to put a new member off.

Why not just hang, draw and quarter him/her.
--

Perhaps if Toogo would like to share a bit more info we can talk more constructively.

This post has been edited by Neil B: Fri, 17 Aug 2018 - 22:16

[DastardlyDick]

Well, erm --

Following a few posts on this one I don't really see what else we can possibly do to put a new member off.

Why not just hang, draw and quarter him/her.
--

Perhaps if Toogo would like to share a bit more info we can talk more constructively.

To be fair, all HCA and Incandescent are doing is informing the OP of his options and the hoops he'll have to jump through and the associated costs, £355 just in Legal Costs plus expenses and possible loss of earnings on very thin grounds to maybe get things reset against £500 to get it sorted now.

[hcandersen]

Not putting a new member off, but trying to get them to focus on the essentials right from the start. The OP has not come to this totally unaware, their first sentence even referred to completing a SD.

Statements of truth in submissions should not be taken lightly and therefore in order to avoid the OP possibly making this mistake we need to tease out the truth ASP.

Posters tease in different ways!

[Neil B]

Not putting a new member off, but trying to get them to focus on the essentials right from the start. The OP has not come to this totally unaware, their first sentence even referred to completing a SD.

Statements of truth in submissions should not be taken lightly and therefore in order to avoid the OP possibly making this mistake we need to tease out the truth ASP.

Posters tease in different ways!

Not aimed at you. Other posts including the very first response.

informing the OP of his options and the hoops he'll have to jump through and the associated costs, £355 just in Legal Costs plus expenses and possible loss of earnings on very thin grounds to maybe get things reset against £500 to get it sorted now.

And is typically the problem.
If the OP interpreted in the same way, as £355 isn't mentioned, nor is it a fee for anything.

Nor is any fee compulsory after following the action the OP is enquiring about, which is FREE.

and several other issues --- but no time at mo.

[hcandersen]

Understood.

As with your subscript (working backwards), in these cases there is some merit in jumping ahead to the end of the process if only to emphasise the importance of getting an OOT abdolutely correct otherwise what then awaits is....££££££££££££.

So OP, you get two bites at this: the first is free, the second anything but.

And stage one is on the papers, you do not get a chance to put your case personally.

So the OOT has to be spot on, to which end we need the facts.

[Neil B]

in these cases there is some merit in jumping ahead to the end of the process if only to emphasise the importance of getting an OOT abdolutely correct otherwise what then awaits is....££££££££££££.

Agreed on that but implying fees are inevitable just doesn't sit well with me before, as we seem to agree,
we don't have the facts.