Author Topic: London Borough of Newham for Unpaid Penalty charge  (Read 1328 times)

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Re: London Borough of Newham for Unpaid Penalty charge
« Reply #15 on: »
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.

I understand that this situation is challenging , especially if bailiffs have already become involved. But we haven't been given any chance to see the PCN? The date of contravention is the 25th Feb, and the address was updated on the 15th March. As you can see, the time difference falls within the usual 28-day timeframe for receiving postal PCNs according to legislation. but we're just unlucky!

We have now paid the OfR amount (£204). However, as I mentioned, I met the person living in our old address, and they handed me a notice of enforcement dated 12th Sept 2023. This has added another £75 for a compliance stage fee, which is paid as well this evening.

However, on the reverse side of this notice, they've indicated that if the payment is made after September 23rd, we will be liable for additional fees and expenses. Given that today is the 26th, it's evident we will incur those as well. Is there any potential for leniency in my case, even though I acknowledge our significant oversight in not promptly updating the address?



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Re: London Borough of Newham for Unpaid Penalty charge
« Reply #16 on: »
I'm afraid the English civil law can be very harsh, as you have found out. There is nothing to stop you from submitting an OOT Statutory Declaration, even though you've paid, but as I said before, it's unlikely to succeed.  I say this because I've seen too many V5 address cases on this forum to be optimistic.

Re: London Borough of Newham for Unpaid Penalty charge
« Reply #17 on: »
Is there any potential for leniency in my case, even though I acknowledge our significant oversight in not promptly updating the address?
There is already leniency, because while DVLA could take out a criminal prosecution against you for failing to update your V5C, they are unlikely to do so. That spares you a criminal conviction (that you would need to disclose in job applications, could affect your ability to travel abroad etc).

I realise some aspects of VERA 1994 can seem harsh, but it is what it is.
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: London Borough of Newham for Unpaid Penalty charge
« Reply #18 on: »
I contacted the number in the Notice of Enforcement, updated my address, and confirmed the payment of the debt and compliance stage fee. After checking everything, OneSource Enforcement Services  confirmed that the account is closed with them.

Is there any chance of seeing the original PCN now so I don't make the same mistake again?

Re: London Borough of Newham for Unpaid Penalty charge
« Reply #19 on: »
The reason for the PCN is on the bailiff notice. Somebody drove your car past the no motor vehicles signs on Browning Road. The so-called flying motorcycle signs. See here.



Only busses, taxis and local resident permit holders are allowed.

Edit: For some reason the picture of the sign I linked to isn't visible
« Last Edit: September 28, 2023, 02:34:41 pm by Enceladus »

Re: London Borough of Newham for Unpaid Penalty charge
« Reply #20 on: »
Is there any chance of seeing the original PCN now so I don't make the same mistake again?
If you ask the council they should provide it. If they prove unresponsive, you can make a subject access request under GDPR.
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: London Borough of Newham for Unpaid Penalty charge
« Reply #21 on: »
The reason for the PCN is on the bailiff notice. Somebody drove your car past the no motor vehicles signs on Browning Road. The so-called flying motorcycle signs. See here.



Only busses, taxis and local resident permit holders are allowed.

Edit: For some reason the picture of the sign I linked to isn't visible

Is there any chance of seeing the original PCN now so I don't make the same mistake again?
If you ask the council they should provide it. If they prove unresponsive, you can make a subject access request under GDPR.

Thanks, both of you.
I didn't know about the restriction for buses, taxis, and permit holders only. I sometimes take this route when driving to Ilford, so I'll definitely be careful to avoid it now.