Free Traffic Legal Advice

@Enceladus, +1

+1. Frankly the letter draft is unnecessary and also incorrect in important details.

They can't enforce against you at your old address because you don't live there. Whoever does will no doubt tell them as much, and maybe where you live if they know. So this doesn't need a letter from you in the terms suggested. As regards the authority's use of your old address, up to and including the OfR their obligation is to use the keeper info supplied by DVLA.(and as you haven't yet bothered to update this, what else could they use even if they wanted to?). The 2007 regs do not exist because they have been revoked and replaced by the 2022 regs.

But for me of more importance is: The other 5 contraventions are near bailiff stage.

What does this mean precisely? If any of the Orders for Recovery have not lapsed then your priority MUST be to submit Stat Decs where possible.

Just reading through this and one point to me stands out, the PCNs and presumably the Bailiff letters will be in your maiden name as this is what appears on the V5C, does this help in any way?

Yea agree about my mistake in not updating my V5c address.
The other 5 I can still see on the Barnet website- they have the option to pay a £205 fine each. I think they are about to be sent off to the bailiffs from What i could gather from the person I spoke to at the council.
These remaining 5 - I will be issuing the out of time forms for. As they are not with a bailiff does this mean that they will be put on hold until Barnet have made a decision ? Thank you

No you are getting this wrong and making flawed assumptions.
Just tell us the latest position with each pcn.

Ok I will do this for you later in this evening. Please look out for my reply in a few hours time.

A warrant issued in a debtor's maiden name remains enforceable unless the address is incorrect, which would render it invalid. There are numerous precedents supporting this position, though they are too extensive to list comprehensively here.

It is crucial to avoid completing a PE2 or TE9 form or disclosing your current address. Doing so would immediately activate CPR 75.7(7), enabling the council to issue a new warrant at your updated address. This action would effectively reset the process, inviting bailiffs to resume enforcement even before the authority has addressed your Rule 6 notice.

Putting your car on someone else's driveway prevents the bailiff from removing it; otherwise, the enforcement is in breach of Paragraph 14(6) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.

While suggesting PE2 or TE9 may come from a place of goodwill, following this route in your particular situation could lead to unintended consequences, ultimately working against your interests.

Yes I agree. the status of the remaining five PCNs are a priority.
Please let's have a complete list.

Just reading through this and one point to me stands out, the PCNs and presumably the Bailiff letters will be in your maiden name as this is what appears on the V5C, does this help in any way?

That's a good question.
It seems that you cannot update the RK name and address online at the same time. You have to fill in the relevant parts of the V5c and post them to the DVLA and it can take six weeks. A copy of your marriage cert needs to be included.

Interestingly a copy of the marriage cert or deed poll is not required just to change the name, without changing the address.

However I assume there is no reason why you cannot keep using your maiden name if you want to. In which case you can update the RK address online. So I would still update the address online.

To address the enforcement activity by Barnet, I advise you to review Post 18 within the thread linked here:

https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/bailiffs-in-touch-moving-to-court-reading-council-pcn-contravention-bus-lane-not/15/?PHPSESSID=ntfcqrjceun1t2934m2p80e53g

This post outlines a relevant approach that can assist in constructing a robust Rule 6 notice demanding an immediate cessation of enforcement action. The grounds for this are that the current Warrant of Control inaccurately lists a former address, rendering it invalid and unenforceable under the present circumstances.

Utilising the structure and wording within the post will enable you to present a clear, firm, and authoritative notice. This document should unequivocally communicate to Barnet that their enforcement authority is compromised due to the procedural defect, thereby requiring them to desist until a corrected warrant is issued. By formally notifying them of this defect, you assertively challenge the legitimacy of their current enforcement actions. This strategic approach enhances your position and compels Barnet to comply with the prescribed procedural standards.

If this is successful will it mean they have to re issue the fine at the first stage? i.e at the reduced sum? I think it’s £120 and then £60 for early payment?

No.

You need to differentiate between the authority's procedures and post OfR. But if you relieve yourself of £75+£235 then this is progress.

ONLY TEC may revert the process to the PCN stage, which is what's implied by your post.

And if you're in the OOT situation, then IMO you'll struggle to get the OfRs etc. cancelled. Temporary relief from enforcement of a warrant is...temporary relief.