3. Notice of enforcement sent 2 years after the alleged contravention date
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Notice of enforcement sent 2 years after the alleged contravention date
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Hi all,

I am looking for some advice regarding a Notice of enforcement I have recently received from Newlyn for money I allegedly owe to the London Borough of Hounslow.

The notice, sent to me on the 20th of December 2024, states that a warrant of control dated 15/11/2025 for Non payment of Penalty Charge Notice has been obtained. The alleged contravention is that of failing to comply with a sign indicating that vehicular traffic must pass to the specified side of the sign. The alleged contravention took place almost two years ago on 05/01/2023.

I am now being asked to pay £280, of which £205 is the amount I apparently owe and £75 is the compliance stage fee.

As the alleged contravention took place two years ago, I have no recollection of it. I can’t remember if I paid the PCN, as I certainly can’t seem to find any evidence of payment as of right now.

The only thing I can think of is around the time that this contravention allegedly took place, I had moved to a different house. While I understand that this may have somehow cause the letters to be sent to my old address, I fail to see how that would have caused a 2 year delay.

I have been given a deadline of 02/01/2025 by Newlyn to respond.

Any advice around this would be much appreciated. Many thanks in advance.
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Re: Notice of enforcement sent 2 years after the alleged contravention date
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Please post the letter you have received from the bailiffs. 

If you moved house and failed to update the V5C Registration Certificate for your car, all the enforcement documents would have gone to your previous address. If you left no clue as to your new address, there may have been a warrant against your old address that the bailiffs were unable to enforce, but have now found out your new address and a new warrant has been obtained.

It might be prudent to contact: -
www.bailiffadviceonline.co.uk for some advice.

The only way to revert the process back to the PCN stage is to submit an Out-of-Time Statutory Declaration. There is no guarantee this submission will be accepted, so normal advice on this forum with the relatively small amount requested, it to pay it. If you delay matters, the bailiffs will no doubt visit your address and add another £235 onto the amount. Bailiffs can only seize property at the warrant address, except for goods on the highway. For "goods" read "car".  If your declaration is accepted, then you are entitled to a refund of the moneys paid. The PCN, however remains outstanding, so you would have to submit reps against it or pay it.
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Re: Notice of enforcement sent 2 years after the alleged contravention date
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I have been given a deadline of 02/01/2025 by Newlyn to respond.

Not quite. You have been given until 2 Jan. 2025 to pay, not 'respond'!

IMO..

Pay the debt stated because, as per Incandescent's post, this stops further escalation of costs which virtually doubles the debt and has NO effect on the likelihood of you succeeding in reverting the process to the original PCN.

You would also submit a Subject Access Request(SAR) to Hounslow because you need to see what was sent to whom, where and when without which you're blind:

https://www.hounslow.gov.uk/info/20110/open_data_and_information_requests/1365/data_protection/2

Also, look at your own movements and create a timeline around your moves and if/when you(presumably you are the keeper and the car concerned was not hired/leased*) notified DVLA of these changes.

*- pl confirm that you are/were the registered keeper.
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