Author Topic: Bus lane fine for old car sent to old address  (Read 1247 times)

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Bus lane fine for old car sent to old address
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on Weds afternoon 18th Sep 2024 we received Notice of enforcement for £170 from debt collectors of a "Bus Lane" fine dating back almost 12 months to October 2023!
I don't doubt the offence - I was in the area & was unfamiliar with the roads.
I am just querying the fact I never had the initial paperwork & chance to pay the initial (£30?) fine

The FIRST notification I have received for said offence involving my old vehicle was from debt collectors.
After speaking to Debt collectors staff, apparently the original Penalty Notice(s) were sent to our old address (because they said that was the address held by DVLA).
We sold that property & moved to New address on 16 Dec 2022.

As old vehicle was sold last month on 15th Aug 2024 we no longer hold that V5 so cannot check details thereon.

When we moved in Dec 2022
      DVLA were duly notified when we moved in 2022 and new V5 was issued - copy of my email** confirmation from DVLA was duly sent to debt collectors & City Council as proof of our notifying DVLA
      Our Mail was re-directed for 12 months yet nothing received - again email confirmation duly despatched.

In either circumstance I should have had the notice from City Council (if it was promptly issued?!) following the said offence. But I have had NOTHING.

If DVLA records were not properly updated, as their email of 3 Jan (Above**), I cannot be held accountable.
And threats made by debt collectors staff stating they had saved me hundreds of pounds in fines for incorrect address records were out of order.

I feel in the circumstances that since NONE of the original paperwork has been correctly issued or received I should at least be given the opportunity to pay the bus lane fine at the original rate (which I believe could be as low as £30), and any late fees and costs be withdrawn .

I have contacted both the City council & Debt Collector asking for the costs to be reviewed & that I'd be happy to pay any initial fine, but feel the original documents were incorrectly served to my old address. To date no response.
« Last Edit: September 27, 2024, 04:11:01 pm by sng165 »

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Re: Bus lane fine for old car sent to old address
« Reply #1 on: »
From the dates you've posted it looks like the address on the V5C at the time of the contravention was wrong - did they say what address exactly they held as you are missing PCN, charge certificate and order for recovery.

You also don't want a bailiff visit as that adds £235 (and isn't the amount demanded £175)?

There is an issue of whether they have a warrant for your current address I think.

Re: Bus lane fine for old car sent to old address
« Reply #2 on: »
Thanks for your input.
Sorry , yes it is £175.
The council held our old address.
If the address (which they say they got from the old vehicles v5) was wrong, then it wasn't my fault, I have notified DVLA and they acknowledged my change.
That's presumably where the "PCN, charge certificate and order for recovery?" were sent
I assume this is like the bill, reminder and final reminder?
The debt collectors are on hold following my call to them, for 7 days
It's the city Council I need to convince that notice was wrongly served and to reduce or withdraw the fine
Thanks.

Re: Bus lane fine for old car sent to old address
« Reply #3 on: »
Please post the documents you have, suitably redacted, (name & address). Please include the email from the DVLA

With bailiffs now instructed, the only avenue open to you now is to submit an Out-of-Time Statutory Declaration that you didn't receive the PCN, and explain why.
Meanwhile with the amount claimed, (£170) it would be prudent to pay this now, to get bailiff action to cease. Paying the bailiff has no effect whatsoever on whether your OOT SD will succeed or not, and you then won't get a visit and £235 added to the bailiff bill.

So.....
- December 2022 you moved house and updated your V5 on or around the date of the move.
- You received acknowledgement of the address change from DVLA
- You received a new V5 with the new address on it shortly afterwards
- When you moved house you set-up mail re-direction lasting 12 months, so from Dec 22 to Dec 23
Please confirm that is a correct summation

Are you positive you received a new paper V5C from DVLA. We have seen many cases where the OP updates the driving licence assuming this updates the V5. It doesn't !

Again, it would be best if you can get the address on the V5 at the time you sold it on from the DVLA.

It is very important you can demonstrate no delay with V5 update after your move, and its correctness, because all OOTs (Witness Statements or Statutory Declarations), are passed to the enforcing authority who can objcct to them, and inevitably do. If they do, the TEC court officer usually rejects the OOT thus forcing you to an expensive review of his decision.

Councils obtain name and address for a given vehicle registration number from the DVLA, nowhere else, so if they sent the PCN and subsequent docs to your old address, it indicates something seriously wrong with your update in 2022.
« Last Edit: September 27, 2024, 06:43:45 pm by Incandescent »

Re: Bus lane fine for old car sent to old address
« Reply #4 on: »
Attachments are not posting - it says The upload folder is full (I'm trying to post you the Notice of Enforcement - what do you want from it?)

(I've copied email below)



We had that much paperwork on change of address in Dec 2022 from that many companies, I can only assume DVLA did send the V5 as promised. Your summary is correct.

The V5 went back when the old vehicle - involved in the incident - was sold last month. I have no copy.

How could I get the address on the V5 at the time I sold it on from the DVLA?

If I can prove the DVLA never updated it as promised in their email what is the procedure then?
(as we have 7 days hold at the moment.....)

If we have still had no response, do we pay the £175 to stop action & then post Out-of-Time Statutory Declaration that DVLA didn't update as promised & we didn't receive the PCN etc, and explain why, and are eventually proved correct, do we get the £175 back ??



From: dvla.donotreply@dvla.gov.uk <dvla.donotreply@dvla.gov.uk>
Sent: 03 January 2023 14:29
To:
Subject: RE: Changing personal details for a direct debit already set up

Dear


Thank you for taking the time to update us with the new details.

I have updated the address held on the Direct Debit mandate.

You will receive a replacement V5C Registration Certificate within 10 working days.

I trust this is of assistance to you.

Do not reply to this email. If you wish to contact us again about this response, then please use the link below: 


Best Regards

Nadine

DVLA Email Logo

Twitter: [www.twitter.com/dvlagovuk]@dvlagovuk | Facebook: [www.facebook.com/dvlagovuk]dvlagovuk | YouTube: [www.youtube.com/dvlagov]dvlagov
« Last Edit: September 27, 2024, 08:18:04 pm by sng165 »

Re: Bus lane fine for old car sent to old address
« Reply #5 on: »
Quote from: andy_foster
Mick, you are a very, very bad man

Re: Bus lane fine for old car sent to old address
« Reply #6 on: »
I have read it - the upload folder is full

Re: Bus lane fine for old car sent to old address
« Reply #7 on: »
You've read it even though it says not to upload documents to the forum directly as there's no space?

Re: Bus lane fine for old car sent to old address
« Reply #8 on: »
Although I cannot load the document (forgive me if I'm technologically challenged), I can confirm that I have contacted the DVLA and asked them to confirm the address on their records, and to confirm my request to change address in December 2022 was actioned, and v5c issued as promised in email of 3 January 2023.

Re: Bus lane fine for old car sent to old address
« Reply #9 on: »
Who did you sell the car to and what is the VRM.

What council is the PCN from and what is the reference on the letter.

Re: Bus lane fine for old car sent to old address
« Reply #10 on: »
Sorry, but I find the email response from DVLA quite odd. I would not have expected something like this, because updating the V5 address on-line is by using their software, and would not involve any personal messages like this. So can you explain this email and what gave rise to it. From what I can see there is an error at their end, because I would not expect the update of a direct debit mandate to pay VED, to generate a new V5.

Re: Bus lane fine for old car sent to old address
« Reply #11 on: »
Who did you sell the car to and what is the VRM.

What council is the PCN from and what is the reference on the letter.

Sorry I don't see what relevance this is?

Re: Bus lane fine for old car sent to old address
« Reply #12 on: »
Sorry, but I find the email response from DVLA quite odd. I would not have expected something like this, because updating the V5 address on-line is by using their software, and would not involve any personal messages like this. So can you explain this email and what gave rise to it. From what I can see there is an error at their end, because I would not expect the update of a direct debit mandate to pay VED, to generate a new V5.

This is the reply from the DVLA to the notification of change of our address - we moved Dec 2022 - as you can see they "offered" a new V5C, which I can only assume came (along with all the dozens of other things you get when you move house!), and was duly filed until we sold the car, & V5C went last month with the car - it wasn't questioned by the car retailers who we traded in with that it contained a wrong address so I can only assume it was OK.
However I've contacted DVLA last night quoting the said email & asking 1: was a new V5C issued as promised in 2023 & on what date? & 2: was the address updated & to what? & explaining why I am asking.

Re: Bus lane fine for old car sent to old address
« Reply #13 on: »

With bailiffs now instructed, the only avenue open to you now is to submit an Out-of-Time Statutory Declaration that you didn't receive the PCN, and explain why.
Meanwhile with the amount claimed, (£170) it would be prudent to pay this now, to get bailiff action to cease. Paying the bailiff has no effect whatsoever on whether your OOT SD will succeed or not, and you then won't get a visit and £235 added to the bailiff bill.


I've found forms TE7 & TE9 this morning & think I now understand:
If after the 7 days grace, they still haven't made any decision, I pay the £175 (reluctantly), but submit the Out-of-Time Statutory Declaration forms, (I assume this is free to do?) & then the Traffic Enforcement Centre decide whether I get some/all of my Penalty monies back ?

Re: Bus lane fine for old car sent to old address
« Reply #14 on: »
Who did you sell the car to and what is the VRM.

What council is the PCN from and what is the reference on the letter.

Sorry I don't see what relevance this is?

We don't ask questions for fun. But you did answer one question, that you sold to the motor trade - in which case they may still have the logbook with the address on as this was recent.