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submitted statitury declaration... what now?, bus lane contrevention all corres sent2 prev addy while v5 was in post
kobi wild
post Sun, 12 Apr 2015 - 19:12
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hi,

I have recently received a 'Notice of Enforcement' from a collection service regarding a bus lane contravention that I committed (unknowingly as I was new to the area)
on 21/nov/14. I received a this document 7/april/2015, but it was dated 2/april/2015. (I moved house last year (for the seventh time in six years due to postings
through the armed forces) and my V5 was in the process of being updated withy the DVLA (whether in the post or on a desk))

this is the first correspondence I have received regarding the matter as the it was sent to my previous address, annoyingly the V5 had already been sent off to the DVLA to be updated with my new address.

the same day I got a second document from 'collect services' informing me that I had another fee to pay them, again of £172 for the same offencebut on a different day (08/nov/2014)

after being sent around in circles by the council, national debt line, the bailiffs and CAB I finally sought out legal advice only to discover that it was way out of my price range. (£220 an hour)
I was about to reluctantly pay the £172 for each of the PNC's as i was concerned that I would get two separate CCJ's I did not. But I was then informed that the first offence (8/nov/2014)
had already increased to over £300 as we had missed the deadline for paying just £172!! even though it did not say anything about a deadline on the document I received!

On my third telephone conversation with the local council to beg for advice, I was informed that I could fill out a statutory declaration (a PE2 and PE3) have a county court witness me sign
it and send it back to TEC to be processed. I have done so but I am now unsure as to what effect this will even have if it is successful?

please could someone let me know if there is anything else I need to be doing? I have asked the collection services to write a note on my account to let them know I am investigating the situation but I
am willing to make payment as soon as I find out where I stand legally.

this is so frustrating and upsetting as I am a straight up, law abiding citizen (once I am familiar with where I can and cannot drive) I do not live outside of our financial boundaries, and this amount of a
fine will cripple my family and will also have a detrimental effect on my ability to get credit (which is vital) for any postings overseas.

Many Thanks in Advance
Kobi
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post Sun, 12 Apr 2015 - 19:12
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Enceladus
post Sun, 12 Apr 2015 - 20:23
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All enforcement action has to cease upon submission of properly completed Statutory Declarations and Out of Time applications, pending a decision of the court officer. So the bailiff is called off, at least temporarily, for that PCN. A decision normally takes 3-4 weeks.

The Out of Time process is designed to protect those in circumstances such as yours. That said the Traffic Enforcement Centre might well reject your application especially if the council oppose it. You might well have to submit an application to have the decision reviewed by a judge in your local county court. Not so daunting as it sounds, pretty routine, however a fee is payable.

Once you get your SD accepted the council would have to issue a fresh PCN in order to continue to enforce.

Which option did you select on the SD?
What exactly did you put on the OOT application as to your reasons for being late with the SD?

Is there another PCN? Have you submitted a Statutory Declaration or Witness Statement for that one as yet? If not, why not? One set of forms are required per PCN.

The penalties, unpaid or otherwise, do not affect your credit rating and not registered with any credit rating agency. They are however enforceable by a bailiff certificated by the County Court.

This post has been edited by Enceladus: Sun, 12 Apr 2015 - 20:46
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