Free Traffic Legal Advice

This morning, we received an unexpected ORDER OF RECOVERY of unpaid penalty charge, which is the first time we've encountered such a notice. Surprisingly, the address mentioned on the PCN appears to be our old address. We completed our move in December 2021, and all our car details, including insurance, have been updated with the DVLA to reflect our current address. It's perplexing how this penalty notice ended up at our previous address.

As you can see on the envelope, our new address has been handwritten. While we plan to reach out to the individuals currently residing at our old address to inquire about this, we also want to know how to go about appealing this case. Specifically since this is the first time we have been made aware of this PCN.

Given this situation, we would greatly appreciate your guidance on how to proceed with this case.

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What is the date on your updated V5C?

Please post-up the Order fror Recovery.  Leave dates in.

Sorry, didn't realise.
YOur OfR is dated 27th July so you are well outside any possibility of submitting an in-time Statutory Declaration.
Probably the best option is to pay the OfR now, before bailiffs get involved, assuming they will accept it. I'm sure you don't want to have to pay this plus bailiff fees.

I called the number provided in the OfR, and the administrative officer agreed to email me PE2, advising that I submit both PE3 and PE2 today. He is uncertain if the case has been escalated to bailiffs yet, but due to the date of the unpaid notice (July), he advised me to promptly email the forms.

I also consulted a local solicitor who is familiar with PE2 and PE3 forms. The solicitor has agreed to witness my submission, ticking the box that states:

"I did not receive the: Notice to Owner (Parking Contravention) or Enforcement Notice (Bus Lane Contravention) or Penalty Charge Notice (Moving Traffic Contravention or Congestion Charging Contravention)."

I will email these documents to tec@justice.gov.uk.

Is there anything else I should consider to expedite the process?

Let's see.

The windowed envelope that the OfR arrived in has a hand written new address?

Yes -someone has handwritten it

But does the OfR document itself have your correct and current address? Or is it the old address?

it had our old address

Don't submit the PE2/PE3 until it's clear what you're going to say about being late.

Also you updated the V5c RK address on March 15th. The contravention was Feb 25th When exactly did you move?

We moved in December 2021, and completely overlooked updating the address on the V5C. It wasn't until we sold one of our cars in March 2023 that we realized the address had not been updated. We took corrective action to update it in March 2023.

PEC means ? Did you mean TEC (Traffic Enforcement Centre at Northampton County Court)?

And whose number have you been phoning? Newham Council or the TEC?

OP, don't be under any illusions that this matter will be easy to overturn and get you back to the original PCN penalty. In most cases we see the bailiffs have already started and added on their fee(s). You admit you were late updating the V5. The council will receive your OOT via TEC, and have the right of objection. If you can pay the OfR amount now, I would do so.