Author Topic: Enforcement Letter without Correspondence  (Read 2209 times)

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Re: Enforcement Letter without Correspondence
« Reply #30 on: »
Got response via email from CDER group to my inquiry:

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We refer to your recent enquiry.

Please be aware that the Compliance Fee of £75.00 is a statutory fee charged in accordance with The Taking Control of Goods (Fees) Regulations 2014 and is applied upon the commencement of our compliance period – this is when our Notice of Enforcement is issued.

As a result of the above, we are unable to refund this.

Something tells me to respond again because it feels like they are trying to dismiss my case

Re: Enforcement Letter without Correspondence
« Reply #31 on: »
I wanted to post little bit of an update, on 9th April 2025 - I have submitted my PE2 and PE3 forms to TEC explaining I have never received any correspondence.  This has been witnessed and signed as per suggestions here. Thank you very much, I didn't even know where to start if it wasn't for guides and comments here. I also submitted a separate PE3 for another contravention since I confirmed its been registered as debt.

I also did try to complain to enforcement agent itself about not giving enough notice and asked for a refund, yet they rejected all my claims so I forwarded everything to Ombudsman (waiting time will take couple of weeks).

Today (29 April 2025) I received 'Reasons for Opposing Out of time application' (PE2). It makes my blood boil. It feels like the council tries to make you guilty without any evidence and you need to prove you are innocent. Anyway here is their response for anyone wanting a read:

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Reasons for Opposing Out of time application

The Local Authority request that the Traffic Enforcement Centre do not accept this late Statuory Declaration for the following reasons:

The Penalty Charge Notice was issued to vehicle index [VRN] on the 04/10/2024 at 19:03 for Performing a prohibited turn (no right turn) on <ADDRESS>.

In accordance with the London Local Authorities Act 1990 to 2003, the Authority then made an application for the name and address of the registered keeper at the time of the contravention to the DVLA. The DVLA returned the keeper's details as [MY FULL NAME] of [MY ADDRESS.

On 16/10/2024 a Penalty Charge Notice was served via post to the DVLA registered keeper of the enclosing photographic proof. The Penalty Charge Notice gave the option to pay the reduce rate within the 14 days period beginning with the date the notice was serviced or make formal representations within 28 days. Representations/payment was not received, therefore a Charge Certificate was issued 25/11/2024 increasing the outstanding amount by 50%.

As the Penalty remained unpaid the case was registered as an unpaid debt with the Traffic Enforcement Centre at Northamption County Court and the Respondent was served with an Order for Recovery and Statuory Declaration (PE3) on the 17/12/2024.

On the 26/03/2025 a Warrant of Control was authorised and passed to the duly appointed Enforcement Agents for the enforcement in accordance with the Enforcement of Road Traffic Debts (Certificated Bailiff) Regulations 1993.

The charge was paid in full to the Council Enforcement Agency on the (02/04/2025).

The application states that the Respondent did not receive the Penalty Charge Notice. Although, we note the Respondent's comments, the Local Authority's correspondence records show that the Penalty Charge Notice was issued to the Respondent at the address details provided by DVLA, given above.

It it responsibility of the registered keeper to keep track of all the mail and make necessary arrangements to receive the post to an appropriate address while the details are being updated by DVLA. Haringey Council cannot be responsible for the non-receipt of the post.

All the above Statuory Notices were served by first class post and to the address provided by the DVLA in Swansea. Unless the Notices are returned in post by Royal Mail they are deemed to have been served. The Local Authority advises that no notices were returned in this case.

The Council considers that the application to file the Statuory Declaration out of time should be refused.

Yours Sincerely

I assume I don't have to take any further actions for now? This will now be up to TEC to consider both sides, however if it comes to TEC siding with the Council - is there anything else I can do? I will fight the Council even if it costs me extra as I really do not like what has happened here, I just want to know what options would be available to me, if anyone have further ideas, please comment - thank you :)

Re: Enforcement Letter without Correspondence
« Reply #32 on: »
The PE2 and PE3 do not explain 'I have never received any correspondence.'.

One gives reasons, the other gives the simple grounds.

TEC only know what's told to them. Ditto the authority. So, before getting all het up about the authority's submission, let's see yours in detail.

Re: Enforcement Letter without Correspondence
« Reply #33 on: »
The PE2 and PE3 do not explain 'I have never received any correspondence.'.

One gives reasons, the other gives the simple grounds.

TEC only know what's told to them. Ditto the authority. So, before getting all het up about the authority's submission, let's see yours in detail.

PE3 form I ticked I never received PCN.

PE2 form submission:

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I first became aware of this Penalty Charge Notice (PCN) on 1st April 2025, when I received a Notice of Enforcement from CDER Group by post. Prior to this, I had received no previous correspondence from the London Borough of Haringey regarding this PCN.

I moved to [MY ADDRESS] on 1st September 2024 and immediately updated my V5C logbook to reflect my new address. My V5C clearly shows the update date as "14 09 24", confirming that my address was correctly recorded with the DVLA well before this PCN was issued. Despite this, I never received any PCN, charge certificate, or order for recovery at my new address.

I have a history of promptly paying previous PCNs at my old addresses. However, in this instance, I was completely unaware of the original PCN due to a failure in the notification process. This situation has resulted in enforcement action being taken against me without giving me the opportunity to respond in time.

As I had no knowledge of the original PCN until enforcement action had begun, I respectfully request that my Statutory Declaration be accepted out of time so that I may address this matter fairly.

Re: Enforcement Letter without Correspondence
« Reply #34 on: »
So did you find out why Haringay didn't get the changed V5C address given the contravention was after the logbook change?

Re: Enforcement Letter without Correspondence
« Reply #35 on: »
So did you find out why Haringay didn't get the changed V5C address given the contravention was after the logbook change?
+1

and

Why does the "Date of last V5C (logbook) issued" now say "20 April 2025"? Have you changed address again or sold the vehicle?
« Last Edit: April 30, 2025, 08:22:23 am by Enceladus »

Re: Enforcement Letter without Correspondence
« Reply #36 on: »
Yup the vehicle was sold recently. I can't deal with so much expenses unfortunately.

As to this: `So did you find out why Haringay didn't get the changed V5C address given the contravention was after the logbook change?`
I think they did have updated address. Why? Because in their opposing letter, it clearly states my address when they requested the details from DVLA.

Okay, for a second let's assume that what Council is saying is true. They have sent the stuff to my address, but I never received anything. Both versions are true. In this case I could think of one thing that has happened. The postman has delivered all my correspondence to wrong address - why do I suspect this? It is because My address has range of numbers in them, e.g. [MY House Number] [xxx-xxx] [Road Name]. That is one possibility perhaps?

Another update, which is unrelated to initial PCN, its the other one - I received my first 'Order for Recovery of unpaid penalty charge' for ZN14587347. Which is quite late?? This I received on 24 April 2025, which states I need to comply with the order by '12/05/2025', and date of contravention is 31/10/2024 (I already filled the PE3 form/witness and signed it and submitted it myself, on 23rd April 2025 (1 day before the order of recovery arrived))
« Last Edit: April 30, 2025, 09:03:21 am by czgm1h »

Re: Enforcement Letter without Correspondence
« Reply #37 on: »
added photo attachment

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Re: Enforcement Letter without Correspondence
« Reply #38 on: »
The OfR (Notice of Debt Registration) for PCN ZN14587347 was supposedly issued on Thursday the 17th April. So absent any evidence to indicate it wasn't posted on the 17th it is deemed served on the second working day after posting.  So it should have arrived with you not later than Monday the 21st April.

PCN ZN14587347 is one of the two PCNs annotated as below. The meaning of "On Hold DMC RULE" is as yet unexplained. That may or may not be relevant.

PCNs ZN14587347 and ZN1484088A which have Charge Certificates and sit at £195 each have status on the Haringey website of "On Hold: DMC RULE - Awaiting outcome on registered PCN (04/02/2025)"

The "registered PCN" is very likely the PCN that went to the Bailiff but what does "On Hold: DMC RULE" mean? To me it certainly implies that Haringey know there is an issue with the service of documents?

Anyway you now need to submit the PE3 Statutory Declaration to the Traffic Enforcement Centre.

Tick the box, one box only, to the effect that you did not receive the PCN. The form needs to be witnessed. This can be done FOC at any convenient County Court. Phone first and make an appointment if required. Tell them you need to have a Statutory Declaration witnessed. Don't sign and date the form until you're in front of the witness.

Else it can be witnessed for a fee by a Solicitor or a Magistrate. Circa £8-£10.

Scan the completed SD to a PDF doc or a JPEG photo and attach it to an email to the TEC. Subject line Statutory Declaration - PCN ZN14587347 - LB Haringey
« Last Edit: April 30, 2025, 09:57:24 am by Enceladus »

Re: Enforcement Letter without Correspondence
« Reply #39 on: »
The OfR (Notice of Debt Registration) for PCN ZN14587347 was supposedly issued on Thursday the 17th April. So absent any evidence to indicate it wasn't posted on the 17th it is deemed served on the second working day after posting.  So it should have arrived with you not later than Monday the 21st April.

100% certain that it arrived on 24 April 2025. This is because I was going out on 23rd April 2025 to get my PE3 form signed and there was no letters.

PCN ZN14587347 is one of the two PCNs annotated as below. The meaning of "On hold DMC RULE" is as yet unexplained. That may or may not be relevant.

I will give the Council a call after 10am (non emergency hours) and see if they can give me some clarification as to what this status means and update here.

Anyway you now need to submit the PE3 Statutory Declaration to the Treffic Enforcement Centre.

Hello, sorry perhaps you missed this but as I already said:

(I already filled the PE3 form/witness and signed it and submitted it myself, on 23rd April 2025 (1 day before the order of recovery arrived)) - This was for ZN14587347.

Re: Enforcement Letter without Correspondence
« Reply #40 on: »
Yes, my apologies. I misunderstood that the SD for ZN14587347 has already been submitted.

For the purposes of Witness Statements and Statutory Declarations you are the Respondent and the Council/TFL is the Applicant. Did you get get that correct?

Did you receive an Acknowledgement email from the TEC? Please keep it safe.

Do you still have the envelope that the Order for Recovery arrived in? Are there any postmarks that might indicate when it was posted?

Re: Enforcement Letter without Correspondence
« Reply #41 on: »
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I will give the Council a call after 10am (non emergency hours) and see if they can give me some clarification as to what this status means and update here.

I called the Council and asked about 'On Hold - DMC Rule' - they responded they are not sure what that is, it could be some internal note such as software-specific code. All in All, it was on hold during that time. They couldn't elaborate more.


Yes, my apologies. I misunderstood that the SD for ZN14587347 has already been submitted.

For the purposes of Witness Statements and Statutory Declarations you are the Respondent and the Council/TFL is the Applicant. Did you get get that correct?

No problem :) Yes this is what I specified in each form.

Did you receive an Acknowledgement email from the TEC? Please keep it safe.

Do you still have the envelope that the Order for Recovery arrived in? Are there any postmarks that might indicate when it was posted?

I keep all my email, the acknowledgement from TEC as well.

On the envelope, there is nothing to indicate when it was posted or delivered. Some qr code of barcode length, and in the top-right just 'Royal Mail - Postage Paid GB - HQ 11730'

Re: Enforcement Letter without Correspondence
« Reply #42 on: »
Update, I went to check with my neighbours for any letters and decided to start recording video evidence. I have not found anything from the council but found different one that was addressed to me, for the correct address, but it was delivered to wrong address. Which means that mistakes happen, even if its Royal Mail

Re: Enforcement Letter without Correspondence
« Reply #43 on: »
Does the letter concern any of the three PCNs mentioned in this thread?

If so, please post it up, just redact your name & address. Leave everything else visible.

If not, then please start a new thread.

Re: Enforcement Letter without Correspondence
« Reply #44 on: »
Does the letter concern any of the three PCNs mentioned in this thread?

If so, please post it up, just redact your name & address. Leave everything else visible.

If not, then please start a new thread.

Unfortunately not, its not related to PCN.

I will try to get in touch with Royal Mail to see if perhaps there is any form of subject access request I can do, to see if they have logs of letters that were addressed to me between my move in date and 1st of may 2025