Free Traffic Legal Advice

Hi,

Had appealed this PCN using the previous (PepiPoo) forums.

I had a letter in the hallway regarding a Newlyn Bailiff officer attending for £1026.

I had appealed this on the basis of assist boarding someone who had felt sick from alcohol from the bar next to the contravention.

Key events with timestamps : https://ibb.co/Vqmh0Q9


I believe I should have to have OOT forms filled in including a PE3 if I am correct?

As far as I can remember I do not remember receiving any rejection letters regarding this and this being the first correspondence since..

Hi,

I had a letter in the hallway regarding a Newlyn Bailiff officer attending for £1026

For such an amount, I would suspect that you possibly have 3 PCN's with Newlyn. As the initial PCN appears to be for a parking offence, it would seem likely that you would be required to submit an Out of Time Witness Statement (forms TE7 AND TE9).

https://ibb.co/7tGdtDZ

I have got the PCN number for the second PCN which is :

KE52819829 for vehicle registration : GV22 DZJ.

Challenged 23/08/2022 - Responded with rejection 01/10/2022 via email - NTO on 09/Nov/2022 to vehicle hire firm - 08/Nov/2022 NTO addressed to me as liability has been transferred - 13th Jan 2023 Charge certificate sent to me - 03/02/2023 Court order - 20/02/2023 I challenged the order for recovery with the court - 21/02/2023 NTO

Court wrote on 20/02/2023 they accepted my TE3 but then no response to K&C - 21/02/2023 NTO sent again to me - 29/Mar/2023 Charge certificate (no reply) - 26/04/2023 Order for recovery (no response) - Then case progressed to bailiff -

So we seem to have 1 Brent PCN and 1 Kensington and Chelsea PCN.
They both sit at £514.
So for each;
£130 = PCN
£65 = Charge Cert uplift
£9 = Traffic Enforcement Centre registration fee
£75 = Newlyn Notice of Enforcement
£235 =  Newlyn visit to RK address
£514 = total

Normally the £235 visit fee can only be charged once no matter how many PCNs are involved. Maybe Bailiff Advice can confirm whether Newlyn charging this twice is allowed since there are two different Enforcement Authorities?

and

On the 20/02/2023 you submitted a TE9 Witness Statement to the TEC concerning the K&C PCN. This was accepted and a replacement Notice to Owner was sent by K&C?
Are you saying that you still didn't receive it?
and didn't receive the subsequent Charge Certificate?
and didn't receive the subsequent Order for Recovery?
and didn't receive a Notice of Enforcement from Newlyn?
All of the documents should have been sent to the address you put on the TE9 Witness Statement. If you didn't get the documents second time round that can only mean the address you supplied was incorrect. Why so?




 

You need to confirm if the address on the warrant matches your current address. If it doesn't, the warrant is considered "defective" and cannot be enforced. Contact the TEC at 0300 123 1059, providing the PCN number initially. During the security check, provide your previous postcode if it differs. If they validate that postcode, it indicates the warrant contains your previous address, rendering it "defective."

If you appeal the PCN with the TEC and provide your current address on the TE or PE forms, your appeal will be "rejected", and the TEC will modify the address on the warrant. If this occurs, enquire with the TEC about the issue date of the original warrant. If this date precedes your moving to your current address, Newlyn is in breach for not issuing a Notice of Enforcement, as mandated by Paragraph 7.1 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.

I had a letter in the hallway regarding a Newlyn Bailiff officer attending for £1026.

This is the second time in a year that you have demands in excess of £1,000 owing to postal issues. Maybe you should just find a friend or relative at whose address you can register the car, and ask them to just scan you any paperwork that arrives?

Failing that, even if you had to pay for a PO Box, that seems like a better solution than dealing with demands from bailiffs every few months, you cannot seriously want to carry on like this?

What is left of the original thread can be seen here: https://web.archive.org/web/20230629033123/http://forums.pepipoo.com/index.php?showtopic=147676&mode=linear

Quote from: privates on May 02, 2024, 02:55:44 pm

I will contact DVLA tomorrow to find exact date as I had corrected the logbook as it did not have my flat number within the address.

According to the DVLA online service, the last Log Book for your vehicle reg was issued on 4th August 2022.

Bailiff Advice

For the Brent PCN the VRM is YC57 UPZ which was last updated on 23 May 2023.

So we seem to have 1 Brent PCN and 1 Kensington and Chelsea PCN.
They both sit at £514.
So for each;
£130 = PCN
£65 = Charge Cert uplift
£9 = Traffic Enforcement Centre registration fee
£75 = Newlyn Notice of Enforcement
£235 =  Newlyn visit to RK address
£514 = total

Normally the £235 visit fee can only be charged once no matter how many PCNs are involved. Maybe Bailiff Advice can confirm whether Newlyn charging this twice is allowed since there are two different Enforcement Authorities?

and

On the 20/02/2023 you submitted a TE9 Witness Statement to the TEC concerning the K&C PCN. This was accepted and a replacement Notice to Owner was sent by K&C?
Are you saying that you still didn't receive it?
and didn't receive the subsequent Charge Certificate?
and didn't receive the subsequent Order for Recovery?
and didn't receive a Notice of Enforcement from Newlyn?
All of the documents should have been sent to the address you put on the TE9 Witness Statement. If you didn't get the documents second time round that can only mean the address you supplied was incorrect. Why so?

I have checked my sent emails and the address given on the TE9 is correct. I believe I didn't receive any of the above..

Quote from: privates on May 02, 2024, 02:42:42 pm

KE52819829 for vehicle registration : GV22 DZJ.
...
Court wrote on 20/02/2023 they accepted my TE3 but then no response to K&C - 21/02/2023 NTO sent again to me - 29/Mar/2023 Charge certificate (no reply) - 26/04/2023 Order for recovery (no response) - Then case progressed to bailiff -

I checked my emails, the last that actually happened is that you corresponded with me by email and I told you to call Sheila at @Bailiff Advice, did you do that?

If I remember correctly I had contacted the 'email' section on the Baliff advice website with no reply.