Free Traffic Legal Advice

Here's the video - looks like a contravention at face value.  But the issue you'll have is getting the case back on track...

Wait for further input as this is purely procedural at this stage, you aren't in a position to challenge the original PCN.  I think advice at this stage is usually to pay to stop the fee increasing further, as I think you can still attempt to get the PCN reset and get the bailiff fees reimbursed.  But wait for others who are more expert in that area than me.

Getting it reset involves completing a form and convincing the authority/court that missing the original documents is unlucky timing.  Based on the small window between the PCN and selling the car I'd say you have a decent chance.

If/when that happens we can look at challenge options.

EDIT - although thinking about it a bit more, I'd have thought H&F would have written to you at your original address before you moved out?

Is there a chance the address on the V5 was not the one you were living at at the time of the incident?

If you are to submit a credible Out-of-Time Statutory Declaration, (TEC forms PE2 and PE3), you need to explain why the PCN was  not received and that it was not your fault it went elsewhere.

Once the offence is detected, the council have 28 days to send out a PCN. They obtain the name and address of the keeper of the vehicle from DVLA using an electronic enquiry facility.
You say you sold the vehicle on or around the 10th July. With a contravention date of 18th June, they would have obtained your name and address from DVLA.

So the question is, was the address on your V5C for the car on the date of the contravention correct ? If it wasn't then you will struggle to overturn the PCN and the debt, because it is your duty as a motor vehicle owner to keep the V5C up-to-date.

@Incandescent looking at these replies I should have kept a copy of the V5, a lesson learnt for future.

The only other address it would be under would be my parents house where I used to live, and they have never moved home.

This could be batted around almost endlessly because we don't have enough facts.

As regards the PCN:
To whom and where was this and subsequent notices sent? You have to find out, we can't. You could ask the authority - and include dates for when they were posted - but do not ask for copies because they'll baulk. As you're asking for personal info which they hold on the addressee you might be asked to prove you're that person and that they may release the info. This might be a barrier, in which case you need to submit a simple, straightforward(despite the name) Subject Access Request to the council.

https://www.lbhf.gov.uk/councillors-and-democracy/data-and-information/your-data-rights/your-data-rights-how-exercise-them

You shouldn't have to explain, but sometimes it's better so you want the addressee, addresses plus dates of posting of:
PCN
Charge Certificate
Order for Recovery
The warrant of control
(you already have the Notice of Enforcement and notice demanding the enforcement fee, yes?)

There's often an issue around the address on the warrant which, if it is made out as per the council's notices, could give the 'wrong' address. This means that the bailiff could not enforce against your premises but could still do so against any car that you own if parked on the road.

Which itself would beg the question why, once they discovered your current address, did they not notify their client to get the warrant reissued with a correct address?

So many unknowns.

OP, over to you. I agree that paying now is the best interim step because this doesn't prejudice your position as regards scrutinising the council's and bailiff's procedures or as regards getting the process reset to the PCN.

IMO, something's awry with timings here. It might just be minor inaccuracies in the OP's narrative or possibly something more significant.

The first time i was made aware of the incident was when I received a text from Marston Recovery at the start of November 2024 indicating it had moved to enforcement stage. As i was unaware of this incident, i deleted the text assuming it was a scam and emailed the Marston customer service to clarify if this was a legitimate text. No response has been received so far.

I then received the below document in the post to my new address which confirmed this was a legitimate case, at which point the liability is now £279:

This was read that the link was merely confirmation that this was a legitimate case, not a procedural notice i.e. NoE. The NoE is dated 1 Nov. so logically could not have been sent after the OP's conversation with Marston which itself was only prompted by the text at the 'start of November' which was then deleted and followed by a phone call all prior to the NoE arriving on or about 5 Nov. But what if the OP is a few days out? Perhaps the text and conversation took place prior to/on the 1 Nov. and that in their conversation with Marston - which was prompted only by a text- they gave away their new address which hitherto Marston did not know. Otherwise is it one hell of a coincidence.

If this is correct then the likelihood that there wasn't(and possibly still isn't) a properly made out warrant remains and needs to be examined IMO. Having a NoE with the correct address, possibly posted after the conversation, does not disprove this possibility. This could remove the £75 and paying now would avoid the £235.

OP, what do you remember about your conversation and did you give them your address?