Help - Search - Members - Calendar
Full Version: Did not received a PCN from the council
FightBack Forums > Queries > Council Parking Tickets & Clamping and Decriminalised Notices
mindandflex
Hi all,

on Monday I receive a phone call from Bailiff (Phoenix Commercial), telling me that I ove the money to them for not-paid PCN.

Contravention: 52M -failing to comply with a prohibition on a certain types of vehicle (motor vehicle) -22/12/2017

I did not receive any tickets from my local council and so is even from Bailiff until Monday, that was the first time I did find out about PCN. I moved to a new house before while before 22/12/2017. I changed my address on my driving licence on Post Office (which i Received) and sent vehicle certificate to DVLA by post, but just realised I never received my new one -so possibly got lost in Post Office or DVLA -never made a change.

I explained, the whole situation to the council, they advied me to write an email to them and call the bailiff to put this case on hold.

Today, I receive this letter from my Local council:

"I have suspended pursuit of the warrant for 28 days to allow you time to file an out of time statutory declaration with Northampton County Court Traffic Enforcement Center on the basis of non-receipt of the postal PCN sent to the DVLA address from which you appear to have moved.

Otherwise if you accept liability for the current charges due, the please liase with Phoenix Commercial in respect of these"

Could you please explain, What that letter means? Is there anything I can do now?

Thanks
Seb



PASTMYBEST
We could explain far better if we could see the letter.

from what you say, you now need to file a witness statement and an application to do so out of time

You will need forms PE2 and PE3 here

https://hmctsformfinder.justice.gov.uk/HMCT...y%20declaration

Do not complete them without coming back here for help you need to get it right
Redivi
The council has been very kind and told you what you can do

File the statutory declaration with the Traffic Enforcement Centre on the basis that you didn't receive the PCN
Post here before sending
I suggest including the council correspondence with the application because it will make it more difficult for the council to contest the application

The council has kindly called off the bailiff without waiting for the application
PASTMYBEST
QUOTE (Redivi @ Thu, 7 Jun 2018 - 11:31) *
The council has been very kind and told you what you can do

File the statutory declaration with the Traffic Enforcement Centre on the basis that you didn't receive the PCN
Post here before sending
I suggest including the council correspondence with the application because it will make it more difficult for the council to contest the application

The council has kindly called off the bailiff without waiting for the application


Not so simple. You also need the out of time. The council can and do object to these so you must get it right
mindandflex
QUOTE (PASTMYBEST @ Thu, 7 Jun 2018 - 11:30) *
We could explain far better if we could see the letter.

from what you say, you now need to file a witness statement and an application to do so out of time

You will need forms PE2 and PE3 here

https://hmctsformfinder.justice.gov.uk/HMCT...y%20declaration

Do not complete them without coming back here for help you need to get it right


Thanks PASTMYBEST, that is exactly what I received from the council, do not have any other corespondency:

"I have suspended pursuit of the warrant for 28 days to allow you time to file an out of time statutory declaration with Northampton County Court Traffic Enforcement Center on the basis of non-receipt of the postal PCN sent to the DVLA address from which you appear to have moved.

Otherwise if you accept liability for the current charges due, the please liase with Phoenix Commercial in respect of these"

Regarding the PE2 and PE3 forms, I have no clue how to fill them out...Shall, I try Citizen Advice bureau for help?

As, I can see that PE2 (must be sworn before a Commissioner for Oaths (e.g. a Solicitor), a Justice of the Peace (at any Magistrates Court) or an officer of your local county court before sending the declaration to the Traffic Enforcement Centre at the above address)

What would you kindly suggest? Thanks
PASTMYBEST
Start by telling us exactly what happened. When did you move? When did you send of the v5c what is the date of the PCN?

For the out of time you must give a good account of why you did not/could not file in time.

If you can get this accepted then the council must re serve on you a new PCN you can then pay at the discount(£65) or challenge, so worth a bit of time and effort.

I would not advise CAB they will tell you how to fill the form in but will not advise what is needed to give the best chance of success
mindandflex
QUOTE (PASTMYBEST @ Thu, 7 Jun 2018 - 11:57) *
Start by telling us exactly what happened. When did you move? When did you send of the v5c what is the date of the PCN?

For the out of time you must give a good account of why you did not/could not file in time.

If you can get this accepted then the council must re serve on you a new PCN you can then pay at the discount(£65) or challenge, so worth a bit of time and effort.

I would not advise CAB they will tell you how to fill the form in but will not advise what is needed to give the best chance of success


Starting from the beginning.

1. Contravention 52M - 22/12/2017 at 9:12am (£400)
2. I moved out my old address 11/04/2017
3. I changed my driving licence and send v5c -06/2017 (Received my driving licence with chaged address but DID NOT receive v5c -just realised this week while I wast trying to find it)
4. Bailiff called out 04/06/2018 -that is the first time I FOUND about PCN
5. Same day I called my council, and found that they do not hold my new address -only old (I explained everything)
6. They advised me to write an email to them, and explain everything again -sent on 04/06/2018
7. Today (07/06/2018) I receive the letter from council, saying:

Thanks PASTMYBEST, that is exactly what I received from the council, do not have any other corespondency:

"I have suspended pursuit of the warrant for 28 days to allow you time to file an out of time statutory declaration with Northampton County Court Traffic Enforcement Center on the basis of non-receipt of the postal PCN sent to the DVLA address from which you appear to have moved.

Otherwise if you accept liability for the current charges due, the please liase with Phoenix Commercial in respect of these"

Thanks



PASTMYBEST
QUOTE (mindandflex @ Thu, 7 Jun 2018 - 12:17) *
QUOTE (PASTMYBEST @ Thu, 7 Jun 2018 - 11:57) *
Start by telling us exactly what happened. When did you move? When did you send of the v5c what is the date of the PCN?

For the out of time you must give a good account of why you did not/could not file in time.

If you can get this accepted then the council must re serve on you a new PCN you can then pay at the discount(£65) or challenge, so worth a bit of time and effort.

I would not advise CAB they will tell you how to fill the form in but will not advise what is needed to give the best chance of success


Starting from the beginning.

1. Contravention 52M - 22/12/2017 at 9:12am (£400)
2. I moved out my old address 11/04/2017
3. I changed my driving licence and send v5c -06/2017 (Received my driving licence with chaged address but DID NOT receive v5c -just realised this week while I wast trying to find it)
4. Bailiff called out 04/06/2018 -that is the first time I FOUND about PCN
5. Same day I called my council, and found that they do not hold my new address -only old (I explained everything)
6. They advised me to write an email to them, and explain everything again -sent on 04/06/2018
7. Today (07/06/2018) I receive the letter from council, saying:

Thanks PASTMYBEST, that is exactly what I received from the council, do not have any other corespondency:

"I have suspended pursuit of the warrant for 28 days to allow you time to file an out of time statutory declaration with Northampton County Court Traffic Enforcement Center on the basis of non-receipt of the postal PCN sent to the DVLA address from which you appear to have moved.

Otherwise if you accept liability for the current charges due, the please liase with Phoenix Commercial in respect of these"

Thanks


correct this please

QUOTE
3. I changed my driving licence and send v5c -06/2017 (Received my driving licence with chaged address but DID NOT receive v5c -just realised this week while I wast trying to find it)
mindandflex
3. My Driving licence with new address (my current address) was issued 10/08/2017. It looks like I did not receive my v5c
Neil B
QUOTE (mindandflex @ Thu, 7 Jun 2018 - 12:17) *
1. Contravention 52M - 22/12/2017 at 9:12am (£400)

No.
It can't be £400.
This is why PMB asked to SEE documents: Listen to him.
mindandflex
QUOTE (Neil B @ Thu, 7 Jun 2018 - 12:47) *
QUOTE (mindandflex @ Thu, 7 Jun 2018 - 12:17) *
1. Contravention 52M - 22/12/2017 at 9:12am (£400)

No.
It can't be £400.
This is why PMB asked to SEE documents: Listen to him.

I do not have any documents apart from this one letter from the council.Yes, sorry is £300ish, this was mentioned twice, while I had a phone conversation with the council and with the bailiff. But I do not have any documents, any letters which mention how much I do owe to them.
mindandflex
Hello Guys,

Thank you so much for your help yesterday, really appreciate this. As, I previously mentioned this is the only letter I received. Do not have any other corespondency with bailiff and/or council.Click to view attachment

Only a few phone conversations so far...

So, what should I do next? Should I fill the forms mentoned by PMB? What should I write, to have this accepted?

Regards
S
PASTMYBEST
Yes you must complete and send the forms. They need to be signed in front of a commissioner for oaths. ( Any solicitor for a small fee, or at your local court)

The stat dec is a simple tick box (you did not receive the PCN)

The out of time must give a reason you want permission to file late. This is that you did not know about the PCN after a move but before your v5c was updated. I would not go into to much detail re the dates of these events, but include that you have been in communication with the council, they are aware of the move and hence the PCN going to the wrong address, and you are following their advice. Attach a copy of the letter.


IMPORTANT

Post your draft here before you send anything. There are people far more knowledgeable than me on this subject who should be given chance to comment on the best course of action
mindandflex
QUOTE (PASTMYBEST @ Fri, 8 Jun 2018 - 14:11) *
Yes you must complete and send the forms. They need to be signed in front of a commissioner for oaths. ( Any solicitor for a small fee, or at your local court)

The stat dec is a simple tick box (you did not receive the PCN)

The out of time must give a reason you want permission to file late. This is that you did not know about the PCN after a move but before your v5c was updated. I would not go into to much detail re the dates of these events, but include that you have been in communication with the council, they are aware of the move and hence the PCN going to the wrong address, and you are following their advice. Attach a copy of the letter.


IMPORTANT

Post your draft here before you send anything. There are people far more knowledgeable than me on this subject who should be given chance to comment on the best course of action


Thank you so much! Yes, will fill this form very shortly and send them here for a revision. Just one more question, as I said previously. After I change the address, I received my driving licence with new address but never got v5c back from the DVLA (got missing). Shall I include this in my explanation?
PASTMYBEST
QUOTE (mindandflex @ Fri, 8 Jun 2018 - 15:36) *
QUOTE (PASTMYBEST @ Fri, 8 Jun 2018 - 14:11) *
Yes you must complete and send the forms. They need to be signed in front of a commissioner for oaths. ( Any solicitor for a small fee, or at your local court)

The stat dec is a simple tick box (you did not receive the PCN)

The out of time must give a reason you want permission to file late. This is that you did not know about the PCN after a move but before your v5c was updated. I would not go into to much detail re the dates of these events, but include that you have been in communication with the council, they are aware of the move and hence the PCN going to the wrong address, and you are following their advice. Attach a copy of the letter.


IMPORTANT

Post your draft here before you send anything. There are people far more knowledgeable than me on this subject who should be given chance to comment on the best course of action


Thank you so much! Yes, will fill this form very shortly and send them here for a revision. Just one more question, as I said previously. After I change the address, I received my driving licence with new address but never got v5c back from the DVLA (got missing). Shall I include this in my explanation?


Normally yes, but in this case it would work against you. You have the letter from the council, so just say the PCN was sent to the address shown on the v5c before it had been updated after your move
mindandflex
Hi Guys, I'd appreciate If you could review my answers:

1. Application to file a Statutory Declaration Out of Time (Form PE2)

My reasons for filing the Statutory Declaration outside the given time are as follows:

NON-RECEIPT OF PENALTY CHARGE NOTICE WHICH WAS SENT TO THE DVLA ADDRESS FROM
WHICH I HAVE MOVED.

2. Statutory Declaration – unpaid penalty charge (Form PE3)

My reasons are (give full reasons):

I DID NOT RECEIVE THE POSTAL PENALTY CHARGE NOTICE. THE PENALTY CHARGE NOTICE WAS
SENT TO MY OLD ADDRESS. I MOVED FROM MY OLD ADDRESS ON 11/04/2017, AFTER WHICH I
UPDATED MY ADDRESS WITH DVLA AND ONLY A NEW DRIVING LICENCE BEARING MY CURRENT
ADDRESS WAS SENT TO ME BY DVLA (DATE OF ISSUE- 09/09/2017). V5C FORM WAS NOT SENT TO ME
BY DVLA, ALL CORRESPONDENCE HAVE BEEN GOING TO MY PREVIOUS ADDRESS, THIS IS WHY I
DID NOT RECEIVE THE PENALTY CHARGE NOTICE.

What do you think? Is there anything I should add/remove from it/change?

Thanks as always


PASTMYBEST
QUOTE (mindandflex @ Thu, 14 Jun 2018 - 12:15) *
Hi Guys, I'd appreciate If you could review my answers:

1. Application to file a Statutory Declaration Out of Time (Form PE2)

My reasons for filing the Statutory Declaration outside the given time are as follows:

NON-RECEIPT OF PENALTY CHARGE NOTICE WHICH WAS SENT TO THE DVLA ADDRESS FROM
WHICH I HAVE MOVED.

2. Statutory Declaration – unpaid penalty charge (Form PE3)

My reasons are (give full reasons):

I DID NOT RECEIVE THE POSTAL PENALTY CHARGE NOTICE. THE PENALTY CHARGE NOTICE WAS
SENT TO MY OLD ADDRESS. I MOVED FROM MY OLD ADDRESS ON 11/04/2017, AFTER WHICH I
UPDATED MY ADDRESS WITH DVLA AND ONLY A NEW DRIVING LICENCE BEARING MY CURRENT
ADDRESS WAS SENT TO ME BY DVLA (DATE OF ISSUE- 09/09/2017). V5C FORM WAS NOT SENT TO ME
BY DVLA, ALL CORRESPONDENCE HAVE BEEN GOING TO MY PREVIOUS ADDRESS, THIS IS WHY I
DID NOT RECEIVE THE PENALTY CHARGE NOTICE.

What do you think? Is there anything I should add/remove from it/change?

Thanks as always


for me and I must say there are others with far more experience in this area (Neilb, HCA DD CP) i would omit the dates. Just make reference to your correspondence with the council who admit that the documents were sent to a no longer valid address and refer to the letter,
mindandflex
PMB -thank really appreciate. So, would you completely omit the dates? And shall I add something like this:

ATTACHED IS A COPY OF THE LETTER RECEIVED FROM THE COUNCIL ACKNOWLEDGING THAT THE CHARGE NOTICE WAS SENT TO A NO LONGER VALID ADDRESS.
This is a "lo-fi" version of our main content. To view the full version with more information, formatting and images, please click here.
Invision Power Board © 2001-2018 Invision Power Services, Inc.