You should contact Reading Council directly, explaining that the original PCN was sent to your old address due to an outdated V5C document. Frame this as Pre-action Conduct and Protocol under Rule 6, inviting the Reading Council to cease enforcement since the Warrant is "defective" because it lists your old address. Highlight that you would have promptly paid the £115 if properly notified, demonstrating your willingness to comply. Set a clear deadline for the Reading Council to confirm in writing that enforcement has been stopped. While they may not be obligated to reduce the charge, providing evidence of your intent to pay may encourage a favourable outcome.
Is negotiating a reduced fee with CDER feasible?
No, CDER is unlikely to agree to a lower fee, as they are instructed to recover the full amount now due. Negotiation attempts typically do not affect enforcement agents' fees once they are involved.
Should I submit a TE9 form, even though I have no CCJ, citing that I did not receive the PCN?
No, completing a TE9 form is not advisable here. Submitting the TE9 would likely result in a new warrant being issued with your updated address, which would enable CDER to continue enforcement actions against you directly. The TE9 process primarily benefits the council by allowing them to restart enforcement with correct details rather than helping you reduce the fee or contest the enforcement.
Should I pay the fee now and then dispute it with the council later?
No, paying the fee at this stage could be regarded as a voluntary payment, treated legally as a gift, and would likely limit your ability to recover it. Voluntary payments are challenging to reclaim, so avoid paying the £425 until you've fully explored all other options with the council.
As a final measure, since the Warrant states your old address, it is considered a "defective instrument." If the bailiff continues to enforce such an instrument, you may seek relief from the court to halt the enforcement.
