Author Topic: [BAILIFF] PCN Islington - restriction on vehicles entering a pedestrian zone - outdated V5C address  (Read 85 times)

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islingtonfinereceiver

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Hello all,

Car has been taken by bailiffs. This is because of non-payment of a PCN from last year. I didn't receive communications due to not updating the address in the V5C.

I understand that this is my mistake. HOWEVER, since finding out about it I can see that the PCN was incorrectly issued. I am pictured driving in a pedestrian zone, which I am allowed to do (and have done consistently) due to holding a resident's parking permit. I have checked and this resident's permit was valid at the time of the offence.

I am considering sending a statutory declaration out of time, but don't want to get in further trouble for not previously updating it. I'd rather not pay £700 to the bailiffs but it beats £1000 for failure to update.

Am I likely to win this if I appeal? And is it a good idea to update the V5C right now?
« Last Edit: February 19, 2025, 04:11:18 pm by islingtonfinereceiver »

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Incandescent

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Don't worry about being fined for not updating your V5, it is a matter for the DVLA, and nobody who's come on here with your situation has ever been fined.

So advice is to pay the bailiff and then to submit an Out-of-Time Statutory Declaration to the Traffic Enforcement Centre that you didn't receive the PCN. Paying the bailiffs has no influence on whether TEC accept your declaration, but being out-of-time, means TEC will pass it on to Islington for comment, and they will object to it. TEC then reject your submission.

So why was your V5 not updated promptly on changing address ? This is the key piece of information that essentially decides whether the submission is accepted or not. If you just forgot then chances of success are low. Of course, Islington may not object to it, but this is unlikely.
The TEC forms you need are the PE2 and PE3.
https://www.gov.uk/government/collections/traffic-enforcement-centre-forms


There is also a website that deals with this sort of thing : -

www.bailiffadviceonline.co.uk

Whether your PCN was justified or not is irrelevant unless you can get the matter reverted to the PCN stage. If your OOT SD succeeds, you can pay it, or submit reps against it. The bailiff fees and the Charge Certificate are cancelled and you get these back.
« Last Edit: February 19, 2025, 04:56:15 pm by Incandescent »

H C Andersen

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This has 2 separate but related parts:

The penalty;
The enforcement agent's fees.

The former are of the order £200, the latter £310.

How are you being charged £700???

I didn't receive communications due to not updating the address in the V5C.

Is incorrect. This might explain not receiving the PCN, Charge Cert and OfR but does not explain not receiving the Notice of Enforcement from the bailiffs.

Where was your car when it was seized*?

*- you say they've 'taken' your car. This is very odd and suggests there's a backstory here.

Here are the regulations as regards fees: https://bailiffadviceonline.co.uk/bailiff-regulations/taking-control-of-goods-fees-regulations-2014


islingtonfinereceiver

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@H C Andersen - Tried to write this as a reply initially but believe I messaged you. Putting it here for others.

I have no idea where the figure came from. I think they may be trying to charge me for each extra day it's held (quoting £45) but it feels like they're just making it up. I didn't receive an NOE or any other warning.

The car was parked outside of my house. I initially thought it had been stolen (due to no communication), so I phoned the police and they informed me that the bailiffs had it. There's no backstory. It's just very confusing.

@Incandescent Unfortunately it was just forgetfulness. I moved house several times last year and updated each time, forgetting on the last one.
« Last Edit: February 19, 2025, 08:48:02 pm by islingtonfinereceiver »

H C Andersen

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Contact bailiffadviceonline.