3. PCN from London Borough of Hounslow - sent to wrong address - V5C not updated - Bailiffs involved - paid fine
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PCN from London Borough of Hounslow - sent to wrong address - V5C not updated - Bailiffs involved - paid fine
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Hello,

I think this is too late to do anything but I wanted to check.

Last week "Marston Recovery" put a final notice on the windscreen of my car saying I owed £514 for an unpaid PCN to London borough of Hounslow.

They said they would take the car away that day. I'd never heard of this fine before because I'm an idiot and I forgot to update my V5C two years ago (that's now up to date).

Unfortunately I felt completely overwhelmed and paid Marston Recovery because we needed the car. My wife is about to give birth any moment and it panicked us not having the car.

Now the dust has settled I've realised someone else was driving the car. So I could have appealed it!

I realise I should have appealed before paying but I was too stressed to think clearly. I'm assuming there's nothing I can do now it's been paid but I wanted to check if there was any way to appeal at all?

Thank you!
 
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Re: PCN from London Borough of Hounslow - sent to wrong address - V5C not updated - Bailiffs involved - paid fine
« Reply #1 on: »
The fact that someone else was driving is irrelevant, the owner is responsible for a council PCN no matter who was driving.

That being said, if you simply forgot to update the V5C you would not an out of time application to the traffic enforcement centre accepted, so I'm afraid you'll probably have to put this one down to experience.
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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: PCN from London Borough of Hounslow - sent to wrong address - V5C not updated - Bailiffs involved - paid fine
« Reply #2 on: »
Thank you, fair enough!

I've now got hold of the original PCN from Hounslow and when I enter the details on their website it says £204 outstanding. I presume this is because Marston Recovery services will take their time informing Hounslow?

Thanks again for the help!
James
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Re: PCN from London Borough of Hounslow - sent to wrong address - V5C not updated - Bailiffs involved - paid fine
« Reply #3 on: »
Marstons collect the council debt, plus their own fees. Then they will pay the council the £204. Obviously they havn't done that yet.
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Re: PCN from London Borough of Hounslow - sent to wrong address - V5C not updated - Bailiffs involved - paid fine
« Reply #4 on: »
Thanks! For future if I would have not panicked and collected the PCN letter, logged in and just paid the Hounslow £204 fee, would Marston have gone away or would it have been too late for that?

Thanks again!
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Re: PCN from London Borough of Hounslow - sent to wrong address - V5C not updated - Bailiffs involved - paid fine
« Reply #5 on: »
Quote from: cp8759 on October 03, 2023, 01:06:20 pm
The fact that someone else was driving is irrelevant, the owner is responsible for a council PCN no matter who was driving.

That being said, if you simply forgot to update the V5C you would not an out of time application to the traffic enforcement centre accepted, so I'm afraid you'll probably have to put this one down to experience.

Sorry I just read the last bit where you said "...not an out of time application..." and I wasn't sure what that meant.

I think you meant that it wouldn't be accepted but I wanted to check in case it happens again!

Thanks :)
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Re: PCN from London Borough of Hounslow - sent to wrong address - V5C not updated - Bailiffs involved - paid fine
« Reply #6 on: »
Quote from: cp8759 on October 03, 2023, 01:06:20 pm
The fact that someone else was driving is irrelevant, the owner is responsible for a council PCN no matter who was driving.

The keeper is responsible.

The OP can reclaim the money taken because the V5 address is his previous address and bailiffs were able to find his current address.

The council may have failed to comply with Civil Procedure Rule 75.7(7) by applying for a warrant with the respondent's (the OP) new address.

The previous address shows the OP did not get a notice of enforcement. That is a critical enforcement stage before a bailiff can take money under the warrant of control.

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Re: PCN from London Borough of Hounslow - sent to wrong address - V5C not updated - Bailiffs involved - paid fine
« Reply #7 on: »

+1.
OP, this is a two-part debt and requires a two-pronged approach.
1. The council's penalty charge of £204. As per others, too late.
2. The enforcement agent's fees of £310. They are required to serve mandatory notices on the debtor. The first is a Notice of Enforcement for which a fee of £75 is chargeable. The NoE must give you 7 clear days in which to pay the debt at that stage.

There are regulations and national standards which sit outside 'parking' and IMO you should seek to engage with these.

But not on your own, I suggest you contact bailiffadviceonline or other reputable person for this detailed advice and support. A fee is charged, but <<<£310 which you've already paid.
And remember, the enforcement agent is an agent of the council.
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Re: PCN from London Borough of Hounslow - sent to wrong address - V5C not updated - Bailiffs involved - paid fine
« Reply #8 on: »
Thanks very much both, I will have a think about challenging the bailiff fees.

Thanks again!
James
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