Author Topic: NoE from Southampton. Never been there, and image is not my car or number plate when tracked through PCN.  (Read 414 times)

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I’m hoping you can help with some advice. NoE received in the post 6months post the date of alleged Bus lane infringement( I assume as 6 months ago I moved house and it must have been sent to my old address first). I called straight away and got extension until next week. As after searching the PCN.
1. I’ve never been to Southampton.
2. I was at a party when the incident took place and nowhere nr my car.
3. when I looked at the details, although my car reg was on the NoE. The number plate on the image is one digit different to my car. Unfortunately, as I’ve only just been sent this. I couldn’t appeal the original within the 28 day period.
Has this happened to anyone else? I’ve been advised by the debt collection company to contact TEC. The automated phone system sent me to the website. I think I’ve worked out that you submit a TE9 & TE7. How do I stop this going any further?, as it’s clearly not my car and I didn’t drive in a bus lane!

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« Last Edit: June 22, 2025, 10:07:31 pm by Fuming »

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So you didn't update your V5 Registration Certificate for the car when you moved, yes ? Your situation is quite commonplace on this forum, and follows from the abolition of car tax discs, making it appear less urgent to update the V5.
However, unlike others, you say it isn't your car, and the reg number on the bailiff's EN is a different reg number, albeit almost correct. Having said all this, you must accept that you are partly to blame for this situation by not updating your PCN.
Can you please post up the documents you have. 

How much do you owe the bailiffs ? If they visit you they will add on another £235, so if the sum is just the Order for Recovery amount plus their £75 we normally say pay them, and also submit an Out-of-Time Witness Statement, Forms TE7 and TE9. YOu can download these from the TEC website.

Thank you for the comment. I did indeed update my V5 and the debt collection company could see that I had, but admitted that the local authority would send a letter and then not check again if V5, had been updated.  Just unfortunate timing that I sold my house at the same time.

Would paying it not admit liability though? It’s not my fine to pay? 

The council are obliged to use the name and address first given by DVLA.

It's up to you whether you pay or not, just bear in mind that extra £235 for a visit. ALl bailiff amounts are in legislation.  For further advice, (and a 2nd opinion), you might try contacting this website: -

www.bailiffadviceonline.co.uk

For a small fee they will prepare the forms for your Witness Statement

Would paying it not admit liability though?

No. It simply stops escalation of the debt.

That the PCN was issued in the first place is the council's error.

That it's got this far is yours.

The problem has been that once the hare was set off there's been no feedback to the council to tell them of their error. But now's your chance.

A polite letter should be all that's necessary.

Dear Sir,
PCN *************

I have recently received a Notice of Enforcement from your agents, ****, regarding an unpaid penalty charge in respect of a bus lane contravention by, according to the Notice, VRM WF66ZYG. This is addressed to ***********. I have also received the original PCN which coincidentally was forwarded by the new residents of ******. Fortunately this includes photos of the car in question which shows VRM WF65ZYG.

As far as is germane, the facts of this matter are as follows:

The council cameras observed VRM WF65ZYG(a Toyota)in a bus lane;
You issued a PCN to me, the registered keeper of WF66ZYG(a Volvo);
I was in the throes of moving and did not receive the PCN or any other correspondence;
Your agents' diligence found my correct address and therefore issued the Notice of Enforcement.

For information and to assist your agents, who would be unaware of the background, I have paid the penalty and compliance fee(total £190 comprising the surcharged penalty and compliance fee) and am now writing to you for a refund. I appreciate that the council would be out of pocket to the extent that they would have been denied a penalty from the keeper of the Toyota, but this is a consequence of misreading the VRM in the first instance.

My bank details are as follows: ************

I would appreciate written acknowledgement.

I have copied this to your agents.

Yours

******





you will see
« Last Edit: June 23, 2025, 11:51:15 am by H C Andersen »

Since this is an obvious balls-up by the council I expect they will be keen to resolve as soon as someone at a high enough level finds out about it.

Depending on how angry you are with them you are, you have the option of doing this nicely, as per HCA's letter, or if you prefer you could get on to the local Southampton rag and give them a nice juicy story about the council harassing an obviously innocent person.

Personally, I tend to be the angry type, so I'd make a few phone calls to the council (which we never normally advise because it never works) and then go to the local paper with a story about how they won't listen even though you spent hours on the phone.

If you wanted to play it nice and resolve this quickly, a quick email to legal@southampton.gov.uk might also be a route  to a quick resolution - you could use HCAs letter, or go a bit more informal and direct.


If the OP had updated their V5C in a timely manner and put in place mail forwarding then they would have been able to resolve this months ago.

They're not exactly blameless, so I go for the soft approach.

Unless I'm missing something, the OP did update the V5C shortly after moving. Mail redirection is not a legal requirement, and isn't perfect in any case - I've had post still delivered to the original address when redirection is in place.

Thanks all for advice. I’ve spoken to Southampton council, they have agreed it is their error with identifying the wrong number plate and will stop any further action on this. They have also sent me written confirmation of this.

Very well done ! 
Incidentally, as there has been some discussion about your V5 being/not being up-to-date, how long after your house move did you update it ?

Well done!

If I were in your shoes I'd be tempted to reply to their written confirmation with something along the lines of 'thank you for your written admission that the council has acted unlawfully, I look forward to receiving your offer of compensation soon.'

...I doubt you'd actually get anything other than a bit of grovelling in return, but it might focus their minds a bit on not doing this to anyone else.