Author Topic: PCN-Wandsworth Council 31J contravention Garret Lane JCT Tho  (Read 599 times)

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Hi,

I would need some advice regarding 4 fines received from Wandsworth Council of which I became aware only recently. Unfortunately, I did not change the address on the logbook during my last move, and in November my car was impounded for a fine and a series of notices sent to the old address of which I was unaware. Just under a month ago, my car was clamped for another unpaid fine dating back to last July and sent to the old address. So I went to my old house and retrieved another 4 fines, 3 of which accompanied by the enforcement agency's letter warning me to pay the fine within 21 days from the date of receipt of the letters, otherwise my case would be referred to Northampton County Court. The 21 days from the date of notification had already passed, and now I don't know who to contact to understand what to do. Only one of the enforcement agency's letters arrived at the wrong address despite my correction on the logbook. Furthermore, the car is worth no more than £1300 while the fines together could now exceed the value of the car itself. Could you suggest what to do?

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Re: PCN-Wandsworth Council 31J contravention Garret Lane JCT Tho
« Reply #1 on: »
Read this for a start: -
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/

Like so many cases like yours that we see on here, where the V5 for the vehicle has not been updated, and bailiffs are knocking on the door, the outcome is not usually favourable, especially in cases where the v5 update has been forgotten about when moving home.

You need to post the PCNs, the bailiff letters and also tell us how much they want. The only avenue open to you for the PCNs subject to bailiff action to revert the matter to the original PCNs, is to submit an Out-of-Time Witness Statement or Statutory Declaration to TEC, one for each PCN. We don't know which of these two you need to submit until we see the PCNs.

Submission of an OOT WS or SD, allows the council to object to the declaration, and it is inevitable they will do so. The TEC court officer will then reject your submissions.

So more info is needed.  You might care to look at this website: -
www.bailiffadviceonline.co.uk
Lots of info in there, and for a small fee assistance can be given with the submissions.

Re: PCN-Wandsworth Council 31J contravention Garret Lane JCT Tho
« Reply #2 on: »
@EleC you really must read the guidance here and show us all the paperwork, without this we really cannot help.
I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

Re: PCN-Wandsworth Council 31J contravention Garret Lane JCT Tho
« Reply #3 on: »
I have read the rules, but I still have some doubts. As I explained in my first post, for 3 out of the 4 PCNs I have already received a letter from the enforcement agency. Should I create a thread for each PCN?

Re: PCN-Wandsworth Council 31J contravention Garret Lane JCT Tho
« Reply #4 on: »
OP, I am confused by your use of terms, hence why we need to see docs.

Enforcement authority - the council. Their last procedural notice is an Order for Recovery which is sent after the matter has been referred to the Traffic Enforcement Centre(TEC) in Northampton. In every case an OfR would have been preceded by a Charge Certificate.

Enforcement Agent - commonly referred to a 'bailiffs', act upon the instructions of the authority to enforce a warrant of control which would have been obtained by the authority after the OfR had expired. An agent is subject to strict regulations - see here https://bailiffadviceonline.co.uk/bailiff-regulations/taking-control-of-goods-fees-regulations-2014.

In every case the fees levied by bailiffs are capable of dwarfing an authority's you need to deal with all notices. IMO, for any PCN which has not reached the Enforcement Fee I recommend paying because this caps your financial liability and has no effect on any OOT application.

Hi Andersen,

thank you for your answer.If I share my documents, does that mean everyone can see them in the forum?

Re: PCN-Wandsworth Council 31J contravention Garret Lane JCT Tho
« Reply #6 on: »
I have read the rules, but I still have some doubts. As I explained in my first post, for 3 out of the 4 PCNs I have already received a letter from the enforcement agency. Should I create a thread for each PCN?
I would keep all the PCNs on this thread unless there is some specific reason to split them out, as they all seem to relate to a common issue.

thank you for your answer.If I share my documents, does that mean everyone can see them in the forum?
Yes, though you could share a google drive folder and only grant access to long-standing members, but normally we just advise to share the documents publicly. As long as you redact your postal address, none of the documents should have any sensitive information.
I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order