Free Traffic Legal Advice

Hi All,

I previously posted here about a bus lane contravention that happened in Jan 2024 in Reading. Having observed the footage on the Council's website, I agree with the contravention and the £115 fine. However as my V5C was not updated, the PCN letter went to the previous address where I moved from in Dec 2021. I completely agree not changing the V5C address was my mistake.

Now, due to the PCN not being responded to the case was escalated and bailiffs are now involved. I found out by a chance meeting with the new residents earlier this month and I got the chance to collect old post. The current fee from the bailiff is £425 (Initial PCN £115 + £75 + £235)

Based on advise from some of the members here, I responded to the Council on 10th Nov to stop enforcement as the PCN and Warrant were directed to the old address under Rule 6. Copy of my letter to the Council is attached.

Today, I received a letter from the Council to my response that I've attached asking me to contact the Bailiffs and settle the debt. They have made no reference to the incorrect Warrant and my request to settle the initial PCN.

Please advise what the best course of action for me would be?

Thanks,
Alan

I assume you supplied your correct and current Registered Keeper address when you last wrote to the Council. In that case the Council will almost certainly apply to the Traffic Enforcement Centre for the warrant to be re-issued (re-sealed) with the updated address. And then bailiff enforcement will continue.

In your circumstances the usual advice is to pay the bailiff to prevent them from seizing your car and then submit a Witness Statement with an Out of Time application to the TEC. As things stand they can clamp and seize your car if they can find it in a places accessible to the public.

However the Council will almost certainly object to your OOT application as you have no valid reason for being late due to your own failure to update the RK address and the TEC will refuse your application. If you are refused it would need a decision review by a district judge at at an upfront non refundable cost of £303 and there is no certainty of winning. I agree the system is unfair in some respects, especially concerning the bailiff charges, but there's nothing you can do about that.