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FightBack Forums > Queries > Council Tickets & Clamping and Decriminalised Notices
videodharma85
Hi,

I got a shock this morning when a couple of guys came to my house and clamped my car.

I had to pay them £405 otherwise they were going to take my car away.

After phoning Essex County Council about this, I was told that I had driven in a bus lane back in July, and that three PCN letters were then sent to me in August, September & October. I honestly did NOT receive any of these letters, so I was totally in the dark about any of this until this morning.

So my question is - can I appeal against any of this, and get the £405 reduced?

I'm not questioning the bus lane infringement, but had I received the letters I could have paid the fine immediately and not incurred additional fees.

Thanks.
peterguk
Press "report" and ask a mod to move your post to the correct forum.

Get your V5C out. Is the name and address EXACTLY correct? What is the DOC REF DATE at bottom of page 2?

Don't assume your V5C is correct, get it in front of you.
Incandescent
As above (peterguk), it looks like you have failed to update your V5 when you moved house. Is it still un-updated ? If so, then you will have an almighty struggle getting the matter reverted to the original PCN or Notice to Owner.

However, if you want to have a go, you will need to submit an Out-of-Time Statutory Declaration to the Traffic Enforcement Centre explaining why you did not receive the statutory documents sent out before bailiffs can be instructed. As the council can oppose your OOT, it is invariably rejected by TEC. At this point you can ask for the papers to be reviewed by a County Court judge with a view to overturning the original rejection of your OOT. This costs £100 and is non-reimbursable, and there is no guarantee of the decision being overturned.

On the other hand, if your V5 was in process of updating when the council requested your name and address from DVLA, you would be in with a chance. So what is the situation ?
videodharma85
Thanks, I asked for this post to be moved.


The address on the V5C is exactly correct. The Doc Ref date is 31-07-12.
Neil B
QUOTE (videodharma85 @ Mon, 3 Dec 2018 - 16:39) *
The address on the V5C is exactly correct. The Doc Ref date is 31-07-12.

So you are faced with explaining how three separate notices, sent over a period of 3-4 months ALL
went astray.

Any clues?
videodharma85
Not a clue I'm afraid.

Because I haven't received a PCN, I don't even know the date, location or details of my infringement.

I guess I need to request a copy of the PCN and maybe that will reveal something?

I don't mind paying a fine if I've driven in a bus lane (that's my stupidity), but it's not my fault I never received a PCN in the post.

Thanks.


Neil B
Start by phoning the Court, TEC 0300 123 1059

Ask the address they have on record.
Incandescent
QUOTE (Neil B @ Mon, 3 Dec 2018 - 20:28) *
Start by phoning the Court, TEC 0300 123 1059

Ask the address they have on record.

+1
This could be one of those fairly rare occasions where the council has messed up transcribing the name and address from DVLA into their system. This would mean all three statutory documents would go astray as they are all produced by the same system.
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