Free Traffic Legal Advice

Hi, I'm hoping for some advice regarding a notice of enforcement letter I received yesterday.

It says I owe £280 for a PCN I never got. My registration number is correct, and it is from LB Islington, for an apparent offence on 01/01/24.
I was in Islington visiting family on the day, and was parked with my blue badge.

I didn't have a ticket on the windscreen, nor have I had anything in the post.

Is this legit? How can they send a notice of enforcement without even telling me I have a pcn??

Many thanks in advance for any help!!

+1
Your case has all the hallmarks of a failure to keep the address on the V5 Registration Certificate for the car up-to-date. This means all the statutory enforcement documents have been sent to the address held by the DVLA, the council have no legal alternative source for where to send the postal PCN.

The process has now run its course to the end when the council have registered the debt, sent out an advice to you in the form of an Order for Recovery, and have had no response. Bailiffs have been instructed, and as their livelihood depends on them being diligent, have tracked you down to your current address to request the money.

Please confirm asap whether the above is a true statement of your circumstances.

+1
Your case has all the hallmarks of a failure to keep the address on the V5 Registration Certificate for the car up-to-date. This means all the statutory enforcement documents have been sent to the address held by the DVLA, the council have no legal alternative source for where to send the postal PCN.

The process has now run its course to the end when the council have registered the debt, sent out an advice to you in the form of an Order for Recovery, and have had no response. Bailiffs have been instructed, and as their livelihood depends on them being diligent, have tracked you down to your current address to request the money.

Please confirm asap whether the above is a true statement of your circumstances.

Thank you all for your replies!
Yes it is a motability car!! Does this mean they sent a PCN to the dealer?! What do I do now? Do I have to pay the £280??? I've never been in this position and am confused so apologies if not clear!!

Thank you!

Motability hold the logbook I think but it should have your name and address so PCNs should come to you.

Others will correct this if not the case.

If it is, the address is probably wrong - can you log in to your online Motability account and check details?

This page says they will send you a copy of the V5C but it's not clear to me if you can also check details online - it's poorly written as is much of the site, in my view, which also leaves out anything useful on PCNs etc.

https://www.motability.co.uk/get-support/during-your-lease/cars-wavs/request-your-v5c/

In the case of Motability they hold the original V5c. The name of the RK should be the lease holder and has a suffix which is a fleet operator number. And the address is that of the lease holder. So Joseph Bloggs 0123, address & postcode.

The intent of this arrangement is that any PCNs and speeding fines and the like should come directly to you at your address. But that hasn't happened here. The notices have gone somewhere else but you do have the Notice of Enforcement. Likely that means the bailiff tried to enforce, you weren't to be found but the discovered your correct address. Islington applied to have the warrant re-sealed (re-issued) at your address.

Are you the Motability lease holder? Or is it somebody else?

I doubt if the notices went to the dealer. More likely the Motability record of your car is incorrect.

I suggest you contact Motability first thing Tuesday and find out what they know abaout this. Starting with confirmation of the name and address.

Thank you for your reply.
That makes sense, I wonder if they wedt
I am the leaseholder, and checked on my motability account, and all my details are correct.
Is there a way to appeal this? How much would the pcn be? If I knew about the PCN I could have paid it and avoided all of this stress

Ultimately you'll need to submit an application to file a late (out of time) Statutory Declaration to the Traffic Enforcement Centre at Northampton County Court. If you succeed then the case will be reset to the PCN stage from where you can challenge and appeal in the normal manner. Or pay the PCN.

If you don't get it right then Islington are quite likely to object to the Out of Time and your application would be refused. This could get more expensive. So you need very good reasons, well explained, for being late.

Don't even consider filing anything until you've estabished the facts.

Phone Motability. Find out what address they held for you on the 17th August 2023? Ask them to check the V5c and the online vehicle registration for the car. They might say that will take several days.

Might it be possible that you address was different when you ordered the car? Or that the address on the PIP or DLA letter that you used was out of date?

A few days before the car was handed over you would have had an email from the dealer asking you to check the registration details that they were going to use. Is your name and address correct on that? Did you respond?

If ypu don't get anywhere before Thursday then some members will advise you to pay the bailiff to cap your liability whilst you pursue Motability etc. And then submit the SD & OOT.