3. Lambeth Council: Contravention 622, Belvedere Road
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Lambeth Council: Contravention 622, Belvedere Road
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Hi - has anyone had any success/experience in appealing a PCN at the enforcement agent stage on the basis they never received notice?

Relevant timeline is as follows:

25/09/23 parking contravention in Lambeth Council (which I do not dispute).

03/11/23 I inform DVLA of my change of address

21/05/24 I receive the first notice of a enforcement notice for £204 debt along with £79 Equita fee

Relevant facts:

I did not see any PCN or ticket stuck on my motorbike. When I received my first initial notice several months later I looked up the photos and I could see the warden had stuck it on the seat which is definitely not a sticky location unlike the tank where it's been stuck in previous PCNs. I can only assume the physical ticket fell off by the time I got to my motorbike

I changed my address around November 2023 and notified DVLA shortly after. On the phone with Equita I was told my initial notice was sent to my old address before being sent to current address in May 2024. As such it is clear that notices were sent to old addresses perhaps due to delays in matching DVLA and Lambeth/Equita databases.

Appeal

- From my research it appears that once a PCN has been passed from the council to an enforcement agent there is absolutely no recourse for any appeal
- Equita have said they do not handle disputes and they are just instructed by Lambeth Council
-Has anyone made a successful appeal in a similar scenario?
-Equally does anyone have a contact number/email for Lambeth where I can appeal to a human and common sense can hopefully prevail?

Images:


https://imgur.com/a/oVjQbj4

Thanks in advance!
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Re: Lambeth Council: Contravention 622, Belvedere Road
« Reply #1 on: »
Forget humans and common sense as far as Lambeth is concerned, they don't exist !  Almost all London council parking and traffic departments seem to be manned by dessicated calculating machines whose sole interest is in getting your money. However the good news is that there is a back-stop in the enforcement process that could get your situation reverted back to the original PCN at which point you can either pay it or submit representations.

This process is to submit an Out-of-Time Witness Statment to the Traffic Enforcement Centre that you did not receive the Notice to Owner. As it is out-of-time, you have to provide some explanation as to why the NtO was not received, and this will be on the basis that on or around the time the NtO was posted, you changed address and notified DVLA, but the information was not processed in time for the NtO to be addressed correctly.

So we really do need to know when you moved and when you updated your V5. The actual update can be seen on-line, if you enter a 'Check VED' on the DoT website. You can then compare this with the date of the PCN, and the likely date of the NtO. You could ask the council when the NtO was sent. Out-of-Time submissions are passed by TEC to the enforcing council who can object to them.

There is a website that deals with bailiff issues and may be able to help. They can assist with a submission too, for a small fee.
www.bailiffadviceonline.co.uk

From what you've told us so far, an OOT WS should succeed because your address change and V5 update took place around the time the council would have sent out the Notice to Owner
« Last Edit: May 28, 2024, 10:14:54 pm by Incandescent »
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Re: Lambeth Council: Contravention 622, Belvedere Road
« Reply #2 on: »
@reloadit there is a process to deal with this but you must act promptly as time is against you.

Please either confirm that you've engaged bailiffadviceonline, or give us a precise timeline of events (with dates) and we'll try and help with your TE7 and TE9 application to the traffic enforcement centre.
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Re: Lambeth Council: Contravention 622, Belvedere Road
« Reply #3 on: »
@cp8759
I confirm I engaged baliffadviceonline and I sent off my TE7 and TE9 forms to the TEC on Friday 31st of May. Will update here on the eventual outcome to help people who find themselves in a similar spot. Many thanks to @cp8759 and @Incandescent for your advice!!!
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Re: Lambeth Council: Contravention 622, Belvedere Road
« Reply #4 on: »
@reloadit well more importantly for present purposes, if baliffadviceonline succeeds in getting the matter reset then you'll want to post the details on here so that we can pursue representations against the PCN and if necessary appeal to the tribunal. I believe we have a similar case where the appeal was allowed by the chief adjudicator.
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
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