Author Topic: Bailiff Notice - Islington - Code 52JM Failing to Comply with a prohibition - Canonbury Place  (Read 692 times)

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Hello everyone - hoping someone might be able to give me some advice.

PCN: IZ1956630A
Reg: SL63XKT

I have received a Notice of Enforcement through the post from Newlyn stating that a sum of £279 is oustanding owing to a contravention dated 21st September 2021.

I dont dispute the contravention, it looks like I've been trapped by one of the most famous cameras in London, however this notice of enforcement is the first I've heard of this PCN. I'd share it with you, but I've never seen it.

To give background, I moved out of my property in Islington in October 2021. Whilst I notified Islington Council of this (having had another, now resolved dispute regarding unpaid council tax), I'm assuming the departments won't talk to one another. I have received postal correspndance regarding the council tax to my new address 40 miles away. But any previous notices were clearly sent to my previous address and binned by the new tenants.

Unfortunately for me, I failed to update my V5C until February 2022. Because of this fact alone, have I no grounds for dispute?

On the notice enforcement, it says 'Warrant of Control dated 07/05/2024 for non payment of penalty charge notice' - does this mean anything? Would they have sent anything to the wrong address since this date?

Finally, owing to postal delays, I've only got until 27th July to resolve this, with the notice issued on 17th July. Should I just suck it up and pay?

Thank you for reading!
« Last Edit: July 24, 2024, 09:11:41 pm by mcbassman »

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Unfortunately for me, I failed to update my V5C until February 2022. Because of this fact alone, have I no grounds for dispute?
Oh dear, we see rather too many cases like yours of failure to update the V5 promptly when moving address. You are now well past the period when you could have submitted representations against the PCN itself. Only if you can get the matter reverted via TEC and a declaration will you be able to submit reps or just pay the original PCN penalty

Three months delay in updating your V5 is probably fatal to an Out-of-Time declaration, but not necessarily. You haven't told us what the original contravention was for, but if you found no PCN on the vehicle, it looks like a postal PCN served under the London Local Authorities and Transport for London Act 2003. If so, then to try to get the matter reverted to the original PCN, you have to submit an Out-of-Time Statutory Declaration to the Traffic Enforcement Centre. Unfortunately, being OOT means the council can object to it being granted, and will do so. The TEC court officer will then refuse your declaration. You can get this reviewed, but this costs money.  WIth the amount now at £279, your best option is now to pay this, because any bailiff visit will add to it, which you don't want. Paying the bailiff does not affect the court process for the OOT SD in any way, so you should now download the forms, fill them in, and send them off.

The forms you need are here: -
https://www.gov.uk/government/collections/traffic-enforcement-centre-forms
You need forms PE2 and PE3, unless the contravention was for a parking contravention when it would be TE7 and TE9

You might also contact: -
www.bailiffadviceonline.co.uk
who can advise whether an OOT SD is likely to be accepted or not based on your circumstances.

Any reason for the late update to your V5 ?
« Last Edit: July 24, 2024, 10:30:58 pm by Incandescent »

Thank you very much for replying.

The lack of update to the V5C was pure negligence on my part, no excuses.

The contravention was driving into a low traffic neighbourhood, caught on a CCTV camera.

I will pay the bailiff as you suggest and will follow your very helpful guidance to see if anything can be done afterwards.

Lessons have been learnt on my part.