Hello everyone,<br><br>
Please I need urgent advice for a PCN that was never received. The first letter received was a Notice of enforcement (NoE) at bailiff stage, no PCN, no else for 13 months.
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Summary:<br>
- PCN Type: Moving Traffic - road civil offence wrong turn CCTV - East London A13<br>
- Date & applicant: 24 May 2024 - London Borough of Newham.<br>
- Core Issue: the respondent did not receive the original PCN or any subsequent correspondence (Notice to Owner, Charge Certificate, Order for Recovery, etc.).<br>
- Reason for Non-Receipt: just after the offence on 24 May 2024, The respondent changed address twice and updated the V5c log book twice (10 June 2024) and (11 July 2024). The respondent have been living in the same accommodation since then (almost 1 year to date). The respondent only became aware of the outstanding PCN on 19 June 2025, upon finding a Notice of Enforcement (NoE) dated 15 May 2025 to be paid by 26 May 2025.
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Action taken:<br>
- The original amount of £280 asked just few days ago, has not being paid. Instead the PE2 and PE3 "out of time" statutory declaration has been sent to the Traffic Enforcement Centre (TEC) and the bailiff officer informed of the above.<br>
- Both PE2 (Application to file a statutory declaration out of time) and PE3 (Statutory Declaration) forms were sworn by a solicitor and immediately emailed along with comprehensive supporting evidence (DVLA confirmation emails, screenshots of V5C updates, driving licence address change confirmations, car insurance letter, landlord letter confirming residence) to TEC.<br><br>
- Bailiff Action: despite being informed of this via post and via email, just few days after on 23 June 2025, a bailiff hand-delivered the Enforcement Notice at the reception desk where the respondent lives. The total to pay is now updated at £515.<br><br>
I anticipate the council will oppose the respondent application, citing that the PCN was sent to the DVLA-registered address, was not returned by Royal Mail (therefore "deemed served"), and arguing it's the keeper's responsibility to manage mail.<br><br>
My Understanding of Current Status is:<br>
- Enforcement by the bailiffs should now be suspended while the TEC processes my "out of time" application.<br>
- The TEC will either reject or approve this application.<br><br>
Few questions:
- Given the large number of evidence (especially the proactive DVLA updates before the PCN was issued) and the detailed explanation given, how strong do you think this good reason for an "out of time" application is?<br>
- If the TEC Court Officer denies this application, what are the key arguments or focus points should be used for the subsequent N244 application to a District Judge? Are there common pitfalls to avoid at that stage?<br>
- Are there any other specific legal points or regulations that applies to this case?<br><br>
Thank you for any advice you can offer.