Author Topic: Out of Time Application (PE2/PE3) after Bailiff Action - ENFORCEMENT STAGE  (Read 438 times)

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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.
<br><br>
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.
<br><br>
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.

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Please read the READ THIS FIRST - **BEFORE POSTING YOUR CASE!** sticky post at the top of the forum.

Please post up a scan or photo of the Notice to Enforcement from the bailiff. Just redact your name and address, please leave everything else visible.

Is the name name and address on the Notice of Enforcement 100% correct and current?

"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."
What do you mean. Where did you find the NoE?

The Out of Time application will have been forwarded to Newham who may well object to the application. What reasons did you give, for being late with the Statutory Declaration, on the OOT?
« Last Edit: June 24, 2025, 12:10:26 am by Enceladus »

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.


Much too vague I'm afraid. This process is about dates and times.

You submitted your OOT when exactly?

The date on the enforcement notice hand-delivered is?

The name and address are yours, yes?

Please read the READ THIS FIRST - **BEFORE POSTING YOUR CASE!** sticky post at the top of the forum.

Please post up a scan or photo of the Notice to Enforcement from the bailiff. Just redact your name and address, please leave everything else visible.

Is the name name and address on the Notice of Enforcement 100% correct and current?

"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."
What do you mean. Where did you find the NoE?

The Out of Time application will have been forwarded to Newham who may well object to the application. What reasons did you give, for being late with the Statutory Declaration, on the OOT?

thanks for your reply. I will try to post a picture of that document, however I would prefer remove further details at this very early stage.
Regarding your questions the reason given is summarized in POST #1. Other additional details are confidential in nature for the respondent.
The notice was a simple ordinary white blank letter . Not sure if first class or second class. It doesn't have a stamp.

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.


Much too vague I'm afraid. This process is about dates and times.

You submitted your OOT when exactly?

The date on the enforcement notice hand-delivered is?

The name and address are yours, yes?
Hi. I can try to be more detailed:

Timeline 2024
-------------
road traffic offence dated (based on the NoE): 24/05/2024
relocated/move home (1st time):  07/06/2024
DVLA V5C request to update sent: 10/06/2024 (1 business days after entering new accommodation)
relocated/move home (2nd time):  29/06/2024
DVLA V5C request to update sent: 11/07/2024 (8 business days after entering new accommodation)
Enforment Officer instructed to enforce PCN by TEC (as written on NoE letter): 01/11/2024

Timeline 2025
-------------
NoE letter issued (as written on the NoE letter): 15/05/2025  to pay by: 26/05/2025
NoE letter received: 19/06/2025
rushed email to TEC sent with form TE7/TE9: 19/06/2025
Enforcement Notice letter left at reception desk: 23/06/2025
new email to TEC sent with correct sworn forms PE7/PE9: 23/06/2025

Hope this helps. Please let me know if more details about the timeline are required. Thanks again for any help.
« Last Edit: June 24, 2025, 09:57:52 pm by MrNeo »

As you have submitted the correct forms (presumably emailed and you have an auto response from TEC) then the matter is in their hands. You also have had an enforcement visit.

While TEC deliberate I suggest you post your reasons for submitting late(as per your submission) and read this synopsis: https://commonslibrary.parliament.uk/bailiffs/

You might consider paying the enforcement officer because this has NO effect on the outcome of TEC's consideration but would prevent your goods being seized. If your OOT is successful then ALL monies would be refunded.

As you have submitted the correct forms (presumably emailed and you have an auto response from TEC) then the matter is in their hands. You also have had an enforcement visit.

While TEC deliberate I suggest you post your reasons for submitting late(as per your submission) and read this synopsis: https://commonslibrary.parliament.uk/bailiffs/

You might consider paying the enforcement officer because this has NO effect on the outcome of TEC's consideration but would prevent your goods being seized. If your OOT is successful then ALL monies would be refunded.

Thanks for your reply and share the link. Much appreciate your help mate.

It seems they already applied the maximum charge, £515 and only if they get goods they charge 110, right?
not too worried about the officer taking goods tho. nothing left to sell, just few clothes and broken shoes ;)
The email submitted had ~14 files in total in attachment (mainly proof of change address and due diligence).

From your reply the respondent should just wait for a reply from TEC, right?

Post the authority's response to your application when it's received*, otherwise wait.

The problem with your que sera, sera approach to the prospect of goods being seized is that if you share a property then others could be inconvenienced. But this is a matter of personal choice for you.

*- do the authority have your correct address? They should use the one you inserted in the OOT (you did put your current address?), but you never know.

TEC notify the authority of your submission and ask for their view - this is what would be sent to you.

Post the authority's response to your application when it's received*, otherwise wait.

The problem with your que sera, sera approach to the prospect of goods being seized is that if you share a property then others could be inconvenienced. But this is a matter of personal choice for you.

*- do the authority have your correct address? They should use the one you inserted in the OOT (you did put your current address?), but you never know.

TEC notify the authority of your submission and ask for their view - this is what would be sent to you.

Like your QUE SERA, SERA   :) 
Where the respondent lives isn't the case.
I guess this is matter of fairness for the respondent who thinks to succeed with the PE2/PE3 or when submitting the N244. A previous application to TEC was successful and the original PCN was issued/back to original.

the council website (Pay PCN section) now shows: "There is a problem.
The notice number you have entered to currently on stop. Please contact London Borough of Newham."
what does it means?