Free Traffic Legal Advice

Westminster: WE52596990
The alleged contravention: 12r - Parked in a residents' or shared use parking place or zone without a valid virtual permit or clearly displaying a valid physical permit or voucher or pay and display ticket issued for that place where required, or without payment of the parking charge (residents’ bay)
Location
Examples: Wigmore Street F3


- EA visited old address not updated by DVLA (Currently fighting them on this) and then got mobile from new residents in my flat without my permission. Old neighbour was a pain in the ass and had multiple noise complaints against him, he may have given my phone number in breach of GDPR?

- Found out this has advanced to the baliff stage and now out for enforcement with Marstons who contacted and said they plan to visit on Friday, tomorrow.

- EA provided a screenshot of his system showing that the warrant or file is on a previous address. DVLA cocked up and didn't change my licence address and made that very difficult.

- EA claims they have my new address. No correspondence was received and PCN was not on my windscreen

- Photo evidence does not show notice sign with the vehicle, it's unclear if I am parked in a residents bay or not.  They could have faked this

I want to this fight and not pay.













PE2 and PE3 not yet submitted waiting for review here.

Quote from: JunotheCorso on June 20, 2024, 02:06:49 pm

DVLA cocked up and didn't change my licence address and made that very difficult.

A small but potentially very important detail - did you also update the address on the vehicle's V5C document? This is an entirely separate process to updating your licence, and changing one does not change the other.

I believe I did, but in that time period I also have several inquiries on-going with DVLA for other vehicles (purchasing and selling) many of which the V62's were lost on first submission and I believe that also happened with my personal vehicle when sending the V5C for this. I have various tracking numbers and receipts going to DVLA Swansea SA991BA

A bit of context about the inadequacy of DVLA:
For example, in early 2024 I had to complain to the DVLA executive that the CIO case worker unit did not process several V62's for purchasing of three vehicles from Auction. They lost the V62's from October 2023, I had to submit again in Decemer 2023, then complaint for about 3 months because they didn't look at the photo evidence sent to them via as requested and almost closed the V62 cases. DVLA executive apologised then stepped in, and still provided the log books late despite stating a date we would receive.

Someone internally in DVLA then went and looked up all of our company vehicles even going back to May 2023 and saw one vehicle which was untaxed but off the road and issued a fine for £300+, in a completely separate unrelated case to this. They also then issued fines for untaxed vehicles on all three of our new purchases stating they were untaxed in March 2024, in a malicious act. We received the logbooks in April 2024 and they issued untaxed vehicle fines for March 2024. The logbooks were issued by DVLA about 1-2 weeks before the April 2024 acc. They even couldn't adhere to the commitments made by the DVLA executive that stated which date out logbooks would be issued. We verified this by checking MOT status of the vehicle online which shows you when the last logbook was processed. So IF there were no postal issues, we had a two week time period to tax our untaxed new purchase or get fined. There is a stage 2 out of 3 complaint now with the DVLA for malicious retaliation and maladministration and misconduct.

(Note, we could not tax the vehicle, in the post office, online or via paper according to the CIO due to it being a casework investigation due to the value of the vehicles being high, which was my main gripe with them as we couldn't get the vehicles repaired and moving on.)

So that's a little background about DVLA being incompetent.

The bailiff obtained your mobile number from DVLA, as you had provided it during your V5 application. They did not obtain it from a neighbour.

The Traffic Enforcement Centre (TEC) will reject your TE9 based on the reasons you supplied. Instead, they will issue a new warrant using your updated address, allowing enforcement to proceed. Currently, the warrant lists your old address, rendering it defective and nullifying any enforcement actions taken under it. It is advisable to leave the defective Warrant of Control as it is. Correcting it is not your responsibility.

Put the other cars to one side for the moment. Do you have any evidence that shows you applied to the DVLA for a change of RK address on 74HT prior to the date of the contravention? Change of address can be done online, so maybe you have an email receipt?

One of the CEO's evidence photos appears to show a PCN envelope.

You appear to have the wrong forms. You've posted up Statutory Declaration forms. You need a TE7 Out of Time and a TE9 Witness statement.  You need to explain on the TE7 Out of Time application why you are late filing the Witness Statement and just stick to that.

I have screenshots from 2023 and recently showing that I could not successfully change my address online due to a mismatch in address. I tried every possible combination but nothing would work and it directed me to the paperwork.

I'll have to dig out an old receipt from royal mail going to DVLA and check

Sorry good spot, I actually did have the TE7 AND TE9 ready but uploaded the wrong forms.


Are you sure I don't need to submit a TE7 AND TE9 at the same time?

It is essential to recognise that submitting a TE9 with the Traffic Enforcement Centre (TEC) is a critical measure. This action halts enforcement under paragraph 8.1 of Practice Direction 75. The TEC then assesses your TE9. If accepted, enforcement is suspended. Conversely, if rejected, enforcement will proceed.

If the authority obtains a new Warrant with your current address and the bailiff continues enforcement, this would constitute a breach, as the bailiff must issue a Notice of Enforcement (NOE) before taking control of goods. In such a scenario, you can file an N244 application under Civil Procedure Rule 84.13 to request the return of your vehicle and claim damages together with your legal costs.

Should you allow the warrant to remain defective and the bailiff locates your vehicle using an ANPR camera and removes it, your case would fall under Paragraph 66(6) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007. Often, with ANPR camera use, the bailiff acts on a defective instrument (warrant of control with an incorrect address), or the vehicle may not belong to the debtor.

In your situation, even if the warrant address is correct and a bailiff removes your vehicle, you should apply for its return and claim for damages and legal costs by completing an N244 application under Civil Procedure Rule 84.13. This is necessary because the bailiff breached regulations by failing to provide the debtor with an inventory when he removed the vehicle.

For the previous warrants which were defected with wrong address but paid do I need any specific reason on the form?

Cases involving applications against enforcment using a defective instrument are typically unreported, as they are handled as "applications" under Civil Procedure Rule 84.13 rather than court claims. When applying for damages due to enforcement under a defective warrant, it is essential to provide evidence of the defect and quantify any special damages with supporting evidence. Failure to do so may result in the court awarding only nominal damages, such as £25 per day for the loss of a vehicle, as demonstrated in Burton v Ministry of Justice [2024] EWCA Civ 681.

To answer two of the OP's questions.

Yes if you want to submit a Witness Statement that is late then you also need need to submit the associated Out of Time application at the same time. That seems to be the case here. You need to be very careful explaining why you are late else the council will likely object and the Court will likely refuse your application.

And yes you should put the correct current address on the OOT and WS. The Council well be informed of your application and will update the address on their system if it's different. A re-seal of the warrant with updated address will be requested from the TEC and the bailiff will also be informed.

The issue date on the V5c registration doc for your car is dated the 28th June 2022. That's prior to the date of the alleged contravention 17th Nov 2023.

So dig out your V5c. Is the name and address on it correct? IE you at the address where you actually live. Or is the car maybe registered to a company or a lease company? Don't assume anything, actually check the V5c.