Help!?! PCN fine sent to address I no longer lived at. Argh, Fine with enforcement officer Options

[Sophs50522]

Can anyone help me ?
I've just found out I've had a PCN fine of £70 that was sent to an address I no longer live at nearly 9 months ago. It's now at £435 with enforcement officer. I obviously had no idea about the log book address change and can't explain that to them because I don't want the £1000 fine for not doing so. Im absolutely gutted and so annoyed I didn't know about this. He told.me I can only repay it within 3 month instalments or it's an upfront payment. Can I appeal this or would I then be lumbered with a £1000 fine on top.for not changing my log book address.

Thank you

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[Incandescent]

Have you now updated the V5 ? We see cases like yours all the time on this forum. Failure to update the V5 is the commonest reason for people having bailiffs at their door. It is unheard of so far for those people to be whalloped by the DVLA for failure to update their V5, so set your mind to rest on that one. Unfortunately, escaping the bailiff fee is likely to be far more difficult. You are fortunate to be offered staged payments and this might be your best option. There is a process to revert back to the original Notice to Owner stage, but it may not be successful in your case, as the situation is entirely of your own making. However if you can tell us when the original contravention occurred, and when you updated your V5, advice can be given as to whether submitting an Out-of-Time Witness Statement or an OOT Statutory Declaration is a runner or not.

Can you tell us if the original contravention was for parking, or something else; it is important.

This post has been edited by Incandescent: Tue, 21 Jan 2020 - 22:12

[hcandersen]

OP, just give us the facts as bullet points, not narrative, pl:

Contravention date:
Contravention description:
Date of issue of PCN:
Date of issue of Charge certificate:
Date of issue of Order for Recovery:
Date you moved:
Arrangements you put in hand to have mail redirected/forwarded:
Address on and date of bailiff's Notice of Enforcement:

[Sophs50522]

Hi, I've just sent off for a new log book today in my new address.
( I previously lost the old.log book )
The PCN was for going down a road that gave me no option to having to drive down a bus lane to get back out being only one way system.
The fine dates back to 17th may 2019 last year. I moved from that address November 2016. So it's been a while. The find was originally for £70 and because of notice of enforcement it's not at £423.
The notice of enforcement date was for yesterday. Hand delivered to my old address too!

[hcandersen]

The notice of enforcement date was for yesterday. Hand delivered to my old address too!


You won't understand the full significance of the above, but as a minimum it means that:

The bailiff did not know your correct address; (I say did not because you've contacted them now and possibly told them where you live)
Their warrant is made out to the old - incorrect - address;
Both the bailiff's notices were addressed to the wrong address; and, mysteriously.....
You got your hands on this one item of correspondence the day after it was delivered and yet somehow none of the preceding notices - at least 3 from the council and 1 from the bailiff - made their way to you!

You have to explain why and quickly.

[Sophs50522]

Basically I know the lady who now.lives in my old address. As soon as I had told her that i didn't know about the log book change over i asked if there have been any post in my name ( she said no ) then one week later she messages me and says ive just had this through and I opened it thinking it was mine.
What she have done is .. been binning my mail or opening it and not telling me then binning it. Because they have sent 6 letters in total. And soon as she realised I know my log book is still.in her address she gets another letter and then probably opens it like the others and then contacts me. She obviously knew I would find out that I've been having letters. If she had told me about them I would have knows that my log book was in the wrong address and I could have saved the warrant fees.

[hcandersen]

As soon as I had told her that i didn't know about the log book change over

And why would you even raise the matter?

Chicken and egg.... As far as you've told us, you didn't have anything to prompt you to think about your V5C before the one and only notice which she gave you, so why would you even have raised the matter before getting that notice. OP, I'm still not clear on this point.

And in the first instance, it's her a**e in the sling unless you tell the bailiffs where you live because they'll visit her house to seize her goods in the belief that you are resident there and they might not just take her denials at face value.

Crunch time for you from a moral perspective at least.

Or do they know where you live?

Anyway, I strongly suggest you contact Sheila at bailiffadviceonline. https://bailiffadviceonline.co.uk/

There's a charge, but she should be able to at least save you the £235 Enforcement fee.

[Sophs50522]

I'm sorry I really am not understanding your message?. I raised the matter before hand because I was due to sell the car to a dealer who told me about the log book information needing to be in the correct address. It was then I panicked and thought, oh I wouldn't even had known if I've had a penalty of some sort. So that's when I messaged her to see if I had anything that had gone there and her reply was no whilst sorting out the address change over. Then that week later she messaged about a new letter.

I haven't informed the warrant of my new address as of yet.

Ok thank you. I will look that up

[Neil B]

So @ £70 it's Wales

But £435 doesn't reconcile.

[Sophs50522]

Yes. Cardiff council to be exact.
I have an appeal going out tomorrow so I am hoping the enforcement charges are dropped.
*sigh*

[hcandersen]

On what basis should they?

To be honest, I'm being asked to believe a lot of coincidences, such as how you managed to tax your car without realising that the V5C was out of date by over 3 years, and that for no apparent reason you wanted to contact whoever was living at your old address to check whether you 'had a penalty of some sort' when you were on the verge of selling your car ( most people refer to their V5C when they embark upon selling for the good reason that they'd be b******d if they couldn't find it and to ensure that get the correct description, spec and previous ownership details of their car).

I strongly suggest you contact Sheila and do not 'appeal', there is no such thing at this stage. The bailiffs are enforcing a warrant issued (presumably in your name) at an address at which you do not live. There's no bargaining to be done as regards how much you pay unless you take expert advice, all you can do is to pay the full amount but possibly in instalments.

And by the way, as far as a dealer was concerned the V5C was not a problem as regards addresses. The V5C and DVLA records are consistent, you're the one who's moved and at the point of sale this was water under the bridge. You could have moved the day before and no-one at the dealership would care as long as the address you gave them was where you actually live.