Received this notice with a £513 amount on it today, following which I called the enforcement agent, James, from non- personal phone to ask for the PCN number, which he shared. I looked it up on the Southwark Council and confirmed that it is valid, for entering a No Entry street in Bermondsey. Had we received this PCN, we would have paid it immediately, like we have in the past.

The vehicle remains registered with at our previous address - we neglected to change our address to the new one and did not receive the PCN at our new address. According to this, non-receipt of the Notice of Enforcement invalidates charges that follow.

https://www.dealingwithbailiffs.co.uk/TCGRs...egulation6.html

I am unclear on what my next steps should be and would appreciate your guidance on how best to resolve this. Many thanks!

You missed this part:

The method of delivery can be by post or email as described under Regulation 8 Taking Control of Goods Regulations 2013, which states;

by post addressed to the debtor at the place, or one of the places, where the debtor usually lives or carries on a trade or business;

As far as they’re concerned, they did. The fact that you failed to advise DVLA as you are required to do and did not make arrangements for mail to be forwarded is your mistake. If the registered keeper is a private citizen then they would still have to possess a warrant with your correct address if they wanted to seize goods. This is procedural and would probably only serve to increase the total bill. Others would know more if the RK is a commercial entity.

I haven't lived at that address for nearly 2 years. As far as they're concerned the vehicle V5C says I do.

I've contacted Sheila at BAO who recommended that she be allowed to complete an Out of Time Statutory Declaration to be sent to the Traffic Enforcement Centre. (Seems like a very experienced, lovely and helpful person!). The process is anything but simple and I was told I need to visit a solicitor's office for signature as well.

Make sure you update the V5C now and do not be surprised if there are other outstanding PCNs that may end up with a bailiff visit (unfortunately)

The council will invariably oppose your OOT and then TEC will reject it. You can then have the decision reviewed by a County Court judge for £100, or attend an interview with a judge. This costs £255. Neither sum is recoverable. I doubt whether you will get the process reverted to the original Notice to Owner, but you can but try. We are seeing an increasing number of people who have failed to update their V5C, a legal requirement, so the situation is of your own making. Not updating for 2 years makes me wonder how you taxed the car, as the reminders will have gone to the V5 address. You say "we neglected to change our address to the new one and did not receive the PCN at our new address". As the V5 address is used to send out postal PCNs how could you possible have received it at the new address ? Only mail redirection would have done this, and you haven't mentioned it so far.

I don't question that this is my own fault and am trying to rectify this promptly at the minimum possible expense. Both vehicles are taxed and I often receive any mail from my former landlord.

You make it sound like rejection of the OOT is a certainty?

This post has been edited by Screwdriva: Sat, 1 Sep 2018 - 08:01

The Bailiff letter is a demand for payment of YOUR PCN + fees, not a Control of Goods Order, so the 'loophole' does not apply. Settling it now is prob the cheapest way to avoid further charges & poss CCJ for YOUR 'mistake' (eg DVLA penalty).

99.9999% because there appear to be no mitigating factors: you failed to update the statutory record which you are required to do so as to allow notices regarding road traffic contraventions etc. to be served on the person liable.

If OOTs were allowed in every case like this then it would make a mockery of the system.

Remember, an OOT and what in this case sounds like a SD relates only to the CC or similar, it has nothing directly to do with the warrant. Provided the OfR remains in force then a warrant’s details may be amended after due process, but the fundamentals would remain in place.

Hopefully BAO will put your case in its best light, however dim this might be. There’s always the chance of fundamental procedural c**k-up which BAO would check once you’ve disclosed all details to them.

I guess we'll find out in a few weeks. I've submitted the PE2/3 forms and just received the V5C with my current address in the post, so atleast this has been rectified. I'll be sure to post back if this goes well, though after reading these posts, I'm not too optimistic.

Are there any pre-emptive steps I can take incase there are other PCNs issued to my old address? Ideally, I'd like to get to them before the bailiff gets involved.

Much to our dismay, we lost our appeal. While BAO's effort on the PE2/PE3 itself was worth the 45 quid, we were not too happy that we were led to believe we had a chance at reversing this over the phone.

No point crying over spilt milk. Should we call the bailiff to settle the matter?

As hcandersen said above, unfortunately you can't get away from the fact that you failed to update the statutory record, which you are required to do. I would make arrangements to pay.

OP, pl use our ( the legal) terms, not yours.

You have not appealed as far as I know. You have submitted an OOT application.

Presumably this was rejected and you have the authority's grounds for objecting.

We must know the date of TEC's decision letter and a copy of the authority's objection.

Yes, this dotting Is and crossing Ts, but this is our bread and butter, and I'm hungry!

The date of the TEC's letter was the 3rd of this month. We've decided not to fight it anymore and just pay up. Would I need to contact the bailiff who left the last notice or someone else?

You should pay the bailiff

I called JBW and paid the £513 in full. As painful as it was, I now have no way to prove that I paid them other than an email that they shared they would send to me confirming payment in full.

After several weeks of unnecessary stress, I'm glad to be done with this once and for all. It was an expensive lesson in the avoidance of procrastination.

The payment will show up on your bank statement.

To put this into context, it's a criminal offence not to update your V5C, if the DVLA had prosecuted you for that, you would now have a criminal conviction. If it had been a NIP from the police that went to an old address, you could have ended up with a criminal conviction under section 172 of the Road Traffic Act 1988 and you would have got 6 points on your licence as well as a fine (and increased insurance premiums for 5 years).

All in all, painful as it may be paying the bailiffs was not the worst possible outcome.