Author Topic: Contravention letter has incorrect address and other problems...  (Read 181 times)

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Contravention letter has incorrect address and other problems...
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Hello,

we received a PCN for entering a box junction, (date of contravention 13.09.24) but the original PCN was never received, only a later later with an increased fine of 50%. (£195, letter received 29.10.24)

We suspect the original letter was never received because the address they have is wrong. After some investigation we find the address is also wrong with DVLA. This has now been rectified but we still have the problem of the increased fine and the first PCN letter having never been received.

London borough of Islington are claiming that if the address is wrong with dvla then this is our own fault, not theirs (understandably) but if anyone has any insight or advice, would be much appreciated!

Thanks

Thomas

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Re: Contravention letter has incorrect address and other problems...
« Reply #1 on: »
You are fortunate you got the charge certificate as you can now let it run to debt recovery and make a statutory declaration that you didn't get the PCN. But you'll need to keep track of the debt registration at TEC to file this as the order for recovery will be sent to the wrong address unless you can get Islington to change it at this stage (others will advise).

see process:

https://www.londontribunals.gov.uk/eat/understanding-enforcement-process/moving-traffic-pcn-enforcement-process

Re: Contravention letter has incorrect address and other problems...
« Reply #2 on: »
@stamfordman - thanks for this, am looking into it.

Strikes me as strange that its an option to claim that you never received the PCN as this is a claim that surely many would make, having either forgotten about it or mislaid it.
The option of letting it run to recovery as you suggest is concerning to me as wouldn't it incur extra costs such as bailiffs etc?


Re: Contravention letter has incorrect address and other problems...
« Reply #3 on: »
OP, read the process pl. This applies to you and would avoid you posting questions which raise issues which will not arise.

London borough of Islington are claiming that if the address is wrong with dvla then this is our own fault, not theirs (understandably) but if anyone has any insight or advice, would be much appreciated!

Yes, stop discussing matters with the council*! They are obliged to follow the set procedure which is that if they wish to pursue you** for the penalty then they must register the penalty with the Traffic Enforcement Centre, send a statutory notice to you to this effect - known as an Order for Recovery- and tick one box on the enclosed form(Statutory Declaration(SD) - don't worry about the name of the form, civil servants who devise these procedures love such things)- sign and get countersigned(together) and return to TEC.

So, at present as regards the council your role is passive i.e. wait for the OfR.

*- EXCEPT, as one notice has gone missing it's always possible that a similar fate could befall the OfR. I suggest you notify the council of your correct address for correspondence to ensure that on this point you and they are singing from the same hymn sheet.

But as regards this forum, we need to make the most of the time between now and the OfR (at least 2 weeks, probably more like 4+) to get facts from you to enable you to submit reps against the PCN when the new one arrives.

And yes, you are correct that anyone could claim to have not received a PCN by post. So what? The reset process would send another and another and another...so what's to be gained by telling porkies?

And of course 'It is a criminal offence to make a false statutory declaration.' 
« Last Edit: November 04, 2024, 12:47:11 pm by H C Andersen »

Re: Contravention letter has incorrect address and other problems...
« Reply #4 on: »
There's a forum guide to your circumstances here.

Was the Charge Certificate correctly addressed?
Do you mean your address was incorrect with the DVLA because it was out of date or do you mean there was a typo?

The Council registering the charge at the Traffic Enforcement Centre will add £10. At that point, but not before, you can submit a declataion to get the case reset to the PCN stage. So proceed as instructed in the guide and the matter will never reach the bailiff stage.

Re: Contravention letter has incorrect address and other problems...
« Reply #5 on: »
thank you both for furnishing me with that information.

The process is not straightforward is it...

@Enceladus the dvla had a typo - flat 6 instead of flat b which is an error on their part.


Re: Contravention letter has incorrect address and other problems...
« Reply #6 on: »
dvla had a typo - flat 6 instead of flat b which is an error on their part.

Is it?

What does your V5C say?

IMO, if it says 'flat 6' and the typo occurred when transposing your written notification when you last updated this info (you wrote 'flat b' but they read this as 'flat 6') then I'm sorry to tell you that the fault is yours and in theory you could be liable to a fine because it's a keeper's duty to check their V5C and notify DVLA of any errors.

or

If you last amended your V5C online but entered the wrong data, then it's still your fault.

They get you either way, I'm afraid!

The only way in which the keeper is off the hook is if the V5C says 'flat b' but DVLA gave the authority 'flat 6'.