Author Topic: Notice of enforcement - BAILIFFS  (Read 1261 times)

0 Members and 59 Guests are viewing this topic.

Notice of enforcement - BAILIFFS
« on: »
Hounslow council, driving in pedestrian/cycle zone, Staveley Rd J/W Great Chertsey Rd


Case

I have received a notice of enforcement from Newlyn on behalf of Hounslow Council. In May 2022 I ‘failed to comply with a restriction on vehicles entering a pedestrian (and cycle) zone’. The debt is £204 with a further £75 compliance stage fee taking the total to £279. They say I must pay this by 22 July or an enforcement agent will visit me & ‘may seize my belongings’.

On the rare occasions I receive council PCNs I pay them at the time but the issue here is, two years on, this is genuinely the first I’ve heard of this.

If I’d received the correspondence initially I’d have paid the reduced fee.

Picture links

https://ibb.co/bRJkdxw
https://ibb.co/34dSDBR
« Last Edit: July 12, 2024, 08:12:43 pm by Rpg24 »

Share on Bluesky Share on Facebook


Re: Notice of enforcement - BAILIFFS
« Reply #1 on: »
Is the name & address on the Notice of Enforcement correct and current?

This sort of situation usually occurs due to an out of date address held by the DVLA for the registered keeper of the vehicle.

So please dig out the V5c registration document for your car and check that the RK's name and address is correct and current. Don't don't assume it is, actually check.

Re: Notice of enforcement - BAILIFFS
« Reply #2 on: »
Pay the debt.

This caps your liability and DOES NOT affect your ability to reset the matter using prescribed procedure.*

If you don't then you risk the agent adding a further eye-watering £235 while they pursue matters.

*- to submit an Out of Time Statutory Declaration to the Traffic Enforcement Centre.

Re: Notice of enforcement - BAILIFFS
« Reply #3 on: »
Thanks @Enceladus

I have checked the V5c & the addresses match. It makes it all the more puzzling/frustrating as I’m usually all over any PCN’s that come in.

Re: Notice of enforcement - BAILIFFS
« Reply #4 on: »
Thanks for the advice. Feeling really hard done by but suspect you’re right & the easy option is to pay it given the lack of time remaining & how advanced it is.

Re: Notice of enforcement - BAILIFFS
« Reply #5 on: »
Thanks @Enceladus

I have checked the V5c & the addresses match. It makes it all the more puzzling/frustrating as I’m usually all over any PCN’s that come in.
Obviously the bailiff knows your current address because they have tracked you down. Their livelihood depends on this, but the issue is what was the address on your V5 on the contravention date of May 2022 ? Was it correct and still the same today ?  The usual reason we find on this forum for cases where none of the statutory enforcement documents are not received, is a failure to update the V5 on a change of address.

If you are going to submit an Out-of-Time Statutory Declaration, you will need to give some explanation why you didn't receive these. You've actually missed three - (1) original PCN, (2) Charge Certificate and (3) Order for Recovery. It tests credibility to say all three must have been lost in the post.

BTW, HCA's advice is sound, because whether your OOT is accepted or not has nothing to do with whether you've paid the bailiffs.

Re: Notice of enforcement - BAILIFFS
« Reply #6 on: »
The docref date of the V5c should be 11/02/2022 which is well before the date of the alleged contravention 20/05/2022.

Key Events
03/07/2024 19:45   Exported to Enforcement Agent(Newlyn PLC)
23/05/2023 01:30   Notice of Debt Registration Issued
13/07/2022 02:30   Charge Certificate Issued
06/06/2022 03:00   PCN Issued

So 10 months from CC to register the debt and a further 14 months to commence debt recovery. Why such long delays?

For the future, but doesn't help with the Out of Time application. The restriction appears to have been experimental, then revised and then made permanent in 2023. I wonder what was actually in force on the day?


Re: Notice of enforcement - BAILIFFS
« Reply #7 on: »
I did move house in late 2021 & remember having to switch my address. I’m now wondering if I did that straight away or forgot about it until much later. I’ll look into it. If the above, it sounds like my own fault so I may have to file it under experience & accept it. 

Re: Notice of enforcement - BAILIFFS
« Reply #8 on: »
Quote
I’m now wondering if I did that straight away or forgot about it until much later. I’ll look into it.


What is the docref date on the V5?

Re: Notice of enforcement - BAILIFFS
« Reply #9 on: »
As per Enceladus, DVLA website shows V5C last changed 11 Feb. 2022.


OP, you will be submitting an OOT with statutory declaration to the effect that you did not receive the PCN.

But why did you not? Now's the time to examine all possibilities, which include:

1 Inputting your post code into here [ https://www.royalmail.com/find-a-postcode] and checking that your V5C address is one of the drop-down options;
2. Asking the authority for copies of the PCN, CC and OfR and if they won't on request then submitting a Subject Access Request.

Why 1, because the Royal Mail delivers to addresses from the post code upwards and if you know your address in a different format from postcodefinder then the post code-which is RM's primary sorting tool- won't neccesarily get it to you.

Why 2, because all you know is that the enforcement agent's address matches your V5C and not that this is the address used by the authority for your notices. But surely it must be? Should be, yes. Must be, no. I have very recent experience of missing notices which was finally resolved - after a Notice of Enforcement was received- by discovering that the council had misformatted and misprinted DVLA data. The only things certain in life are death and taxes! Neither the Pope nor local councils are infallible.
« Last Edit: July 13, 2024, 11:38:50 am by H C Andersen »

Re: Notice of enforcement - BAILIFFS
« Reply #10 on: »
Yes indeed !  There have been cases over the years where councils have made errors when transcribing the DVLA address info into their enforcement system.

Re: Notice of enforcement - BAILIFFS
« Reply #11 on: »
Thank you all for your replies.

Re: Point 1. I have checked the postcode and it is in the Royal Mail drop down list. For point 2 I have emailed Hounslow council and requested the documents.

The only other thing I can think of is that, in my street, there is a block of apartments with the same postcode and one of the flats has the same number as my house. On a couple of occasions Deliveroo drivers have attempted to take a food delivery to this address. They had been focusing on the number rather than the name of the apartment block. I wonder if the correspondence has been sent to another address with Royal Mail making the same mistake as Deliveroo!

Re: Notice of enforcement - BAILIFFS
« Reply #12 on: »
Thinking about it, for that to happen three times would be extremely unlucky and unlikely!

Re: Notice of enforcement - BAILIFFS
« Reply #13 on: »
Quote
for that to happen three times would be extremely unlucky and unlikely!

It would also mean you're missing other post unless, as previously alluded to, perhaps the council have done a f'up and transcribed the address wrong, perhaps erroneously matching it to the apartment block.

You'll have to await the docs to confirm.
Like Like x 1 View List

Re: Notice of enforcement - BAILIFFS
« Reply #14 on: »
Yes indeed !  There have been cases over the years where councils have made errors when transcribing the DVLA address info into their enforcement system.

Quite right. It was only yesterday that I had an enquiry regarding a Dart Charge penalty where the vehicle owner had lived at his current property for 12 years. The V5C was correct with the house number being 83 xxxx Road. National Highways confirmed that all their notices had been wrongly addressed to number 89 xxx Road.

Out of Time Witness Statement submitted and I have no doubt that it will be accepted.

Bailiff Advice Online