PePiPoo Helping the motorist get justice

Welcome Guest ( Log In | Register )

Bus Lane PCN - Now ENFORCEMENT. Preston- Fishergate junction w/Corporation St, Council sent correspondence to my old address.
LambChop
post Tue, 24 Mar 2020 - 07:55
Post #1


New Member


Group: Members
Posts: 2
Joined: 24 Mar 2020
Member No.: 108,333



On 15/07/19, a day before my birthday, my vehicle was issued with a Penalty Charge Notice for the reason of being in a bus lane.

On 21/03/20 I received a Notice of Enforcement from ‘Task’ which was issued on 18/03/20, for the debt of £98 +£75 compliance stage fee (£173 total). This was the first and only contact that I received.

Around the time the Penalty Charge was issued, I gave notice of change of address to the DVLA and on 23/07/19 my new log book was issued to my new address.

If any notice or reminder was issued to me, during this time there is a high possibility that it was issued to my old address. Which in turn, would mean that I did not receive the notice, thus leaving me unable to pay or challenge this decision in the specified time.

I rang Task, all they want to do is take payment, which at this present time i do not what to give, incase there is a way to resolve this mess.

I rang the council they told me the PCN was issued on 22nd, DVLA issued my new log book a day later, the council also confirmed that they had sent ALL correspondence to my old address.

The first time I was given notice was once I recieved this enforcement notice to my new address.

I’m not denying that I was at fault, but I didn’t get chance to pay the discounted £30 and now I owe £175 with a court inforcement on my credit file.

Is this worth appeal, as will have to get it signed from a court etc, or is it best to pay it?

sad.gif HELP.

This post has been edited by LambChop: Tue, 24 Mar 2020 - 08:00
Go to the top of the page
 
+Quote Post
 
Start new topic
Replies (1 - 8)
Advertisement
post Tue, 24 Mar 2020 - 07:55
Post #


Advertise here!









Go to the top of the page
 
Quote Post
PASTMYBEST
post Tue, 24 Mar 2020 - 09:03
Post #2


Member


Group: Members
Posts: 19,590
Joined: 6 Nov 2014
Member No.: 74,048



there are no guarantees but you may be able to get this re set to the original penalty amount.

you will need to download forms PE2 and PE 3 from here



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

PE 3 is a simple tick box. PE 2 is more involved. You are asking the court to allow you to submit PE 3 out of time and will need to explain why this is in detail or it will be rejected.

Do not complete this form without help from her. there are people more able than me who will help you get all the detail you need.

Once submitted any enforcement is put on hold until a decision is made


--------------------
All advice is given freely. It is given without guarantee and responsibility for its use rests with the user
Go to the top of the page
 
+Quote Post
stamfordman
post Tue, 24 Mar 2020 - 09:50
Post #3


Member


Group: Members
Posts: 13,555
Joined: 12 Feb 2013
From: London
Member No.: 59,924



To put your mind at rest, there is no impact on your credit rating with council parking enforcement.

The out of time process as shown by PMB is designed for those who do update their V5C promptly so this should succeed (but when did you move?) but as said do not fill in form without help here.

This post has been edited by stamfordman: Tue, 24 Mar 2020 - 09:54
Go to the top of the page
 
+Quote Post
hcandersen
post Tue, 24 Mar 2020 - 10:23
Post #4


Member


Group: Members
Posts: 26,280
Joined: 2 Aug 2008
From: Woking
Member No.: 21,551



OP, let's just nail down the specifics, you can then fill on the gap:

Contravention occurred 15 July ('contravention occurred' is the term, not PCN issued for reasons you'll see soon);
PCN issued: Mon. 22 July;
PCN deemed served i.e. delivered to the address obtained from DVLA: Wed. 24 July;
You notified DVLA of change of address on: 23 July;

Hence stamfordman's question: when did you move, or, more specifically, when did you cease to occupy the address?

To which I would add: how did you notify DVLA e.g. online etc?

Is there any backstory e.g. did you put in place mail forwarding(formal or informal), was the property vacant when you left and for how long etc? It's nice to put facts in a context, but they are not the key matter which remains: could you be deemed to occupy the property when the mail was delivered on 24th and therefore still fall within the enforcement process?
Go to the top of the page
 
+Quote Post
mummyof3
post Tue, 24 Mar 2020 - 15:41
Post #5


Member


Group: Members
Posts: 95
Joined: 9 May 2019
From: North of somewhere
Member No.: 103,782



QUOTE (LambChop @ Tue, 24 Mar 2020 - 07:55) *
On 15/07/19, a day before my birthday, my vehicle was issued with a Penalty Charge Notice for the reason of being in a bus lane.

Around the time the Penalty Charge was issued, I gave notice of change of address to the DVLA and on 23/07/19 my new log book was issued to my new address.
[/i]


Wow a new log book was issued quick!


--------------------
"Stupid is as stupid does" - Forrest Gump
Go to the top of the page
 
+Quote Post
Incandescent
post Tue, 24 Mar 2020 - 19:08
Post #6


Member


Group: Members
Posts: 14,550
Joined: 22 Apr 2012
Member No.: 54,455



From the dates you mention, it is clear that at the time the postal PCN was issued, your V5 was in process of being updated with a new address and was at the DVLA. Therefore an Out-of-Time Statutory Declaration that you didn't receive the PCN because your address was in process of being updated by DVLA should succeed. Be aware that the council may object to this, (I do wonder whether they actually read the declaration before objecting !). The TEC court officer really should accept your OOT, but too many find it a lot easier to reject if the council objects
Go to the top of the page
 
+Quote Post
LambChop
post Thu, 26 Mar 2020 - 11:36
Post #7


New Member


Group: Members
Posts: 2
Joined: 24 Mar 2020
Member No.: 108,333



Not going to lie, i moved out before that date, my Dad had just been diagnosed with Cancer and we moved to a property closer to him, I really should of done it earlier, but working full time, studying full time along with the daily hospital trips took their toll, I guess. I think I actually moved out in around November 2018.

It was just coincidence when I managed to get round to it coincides with the PCN, So maybe I am banged to rights then?

Stumped by 24 hours, so annoying.


Thanks for the credit rating shout, I just thought if it went to court it effected your file? Or is it if baliffs are actually sent?

Am I best paying it and putting it down as an expensive lesson and a spot of bad luck?
Go to the top of the page
 
+Quote Post
stamfordman
post Thu, 26 Mar 2020 - 11:41
Post #8


Member


Group: Members
Posts: 13,555
Joined: 12 Feb 2013
From: London
Member No.: 59,924



It costs nothing to make an out of time statement but you mustn't lie. But omitting facts isn't lying so you can state the crossover with the update without saying you'd actually moved some time before.

Even when bailiffs are instructed council PCNs do not impact your credit rating - there is no mechanism and it is not the equivalent of a county court judgement.

I think in extreme cases councils can apply to garnish wages but I don't think we've seen this.
Go to the top of the page
 
+Quote Post
PASTMYBEST
post Thu, 26 Mar 2020 - 12:06
Post #9


Member


Group: Members
Posts: 19,590
Joined: 6 Nov 2014
Member No.: 74,048



QUOTE (Incandescent @ Tue, 24 Mar 2020 - 19:08) *
From the dates you mention, it is clear that at the time the postal PCN was issued, your V5 was in process of being updated with a new address and was at the DVLA. Therefore an Out-of-Time Statutory Declaration that you didn't receive the PCN because your address was in process of being updated by DVLA should succeed. Be aware that the council may object to this, (I do wonder whether they actually read the declaration before objecting !). The TEC court officer really should accept your OOT, but too many find it a lot easier to reject if the council objects


This option is open to you and it costs nothing once submitted any enforcement action is put on hold pending a decision.

You never ever tell lies but you can honestly say you moved you sent your v5c to DVLA and it was returned to you updated on the 23/07/2019 This is an unfortunate crossover of events, no one is at fault and you should be returned to the position you would have been in but for this set of circumstances. If rejected then you lose nothing


--------------------
All advice is given freely. It is given without guarantee and responsibility for its use rests with the user
Go to the top of the page
 
+Quote Post

Reply to this topicStart new topic
1 User(s) are reading this topic (1 Guests and 0 Anonymous Users)
0 Members:

 



Advertisement

Advertise here!

RSS Lo-Fi Version Time is now: Sunday, 29th March 2020 - 08:26
Pepipoo uses cookies. You can find details of the cookies we use here along with links to information on how to manage them.
Please click the button to accept our cookies and hide this message. We’ll also assume that you’re happy to accept them if you continue to use the site.