Free Traffic Legal Advice

Today I received my first contact from Newlyn, a 'Control of Goods' demand for £515.

I had no idea whether it was some sort of scam to start with, but after digging around I've found one unopened letter from the council from July that fell behind a bookcase, and nothing else at all.

The council letter was regarding a PCN that was issued a year ago, about which I knew nothing.

The £515 appears to be made up of £205 PCN plus £310 fees.

My research suggets that the £310 is made up of £75 Compliance plus £205 Enforcement.

Is there any way to contest the Enforcement fee as I have received nothing from Newlyn other than this hand delivered letter today?

This is the location shown in the PCN photo

https://maps.app.goo.gl/C1yqLEbhDJdWPRpM6

Although I have no recolection of driving through this width restriction, I have no reason to doubt it.

I expect I saw the width restriction and not the no motor vehicles sign.

Is there anything that can be done to contest the Enforcement fee demanded by Newlyn?

Any advice welcome, much appreciated

The V5C is from 2021 and is correct

There are no dates on the Newlyn letter or the hand delivered envelope

https://ibb.co/rG7knjB
https://ibb.co/JpGLbBY
https://ibb.co/TmjZ1GT
https://ibb.co/KX4PFkp
https://ibb.co/M5wTdxh

Many thanks

The PCN and Order for Recovery were in the same envelope, which I found and opened yesterday after receiving the Newlyn letter

Agreed, I should have seen them in July when they were sent

As I understand it, you now acknowledge that you have the PCN and OfR which presumably have your current address on them -pl confirm. If so, then you don't have grounds to have the process reset(because none of the limited grounds would apply). So your argument is the £235 enforcement fee should not be charged because you did not receive the Notice of Enforcement.

Yes, everything is addressed correctly

So is the best bet to offer to pay less Enforcement charge, in full and final settlement?

Is there any boilerplate you can recommend using?

How much time do I have? hours? days?

Thanks

There is no evidence that they sent an NoE letter, it certainly never arrived

I only have the 'Control of Goods' demand

Once I pay I presume there is absolutely no possibility of getting anything back, because there is no way to prove a negative (that they didn't send any other letter)

So are you suggesting that I arrange a payment plan, rather than pay in full, just in case it could be shown that they did not follow process?

No I have not contacted them, as I did not want to say anything that might weaken my position

Finding out that you have a £500 fine because you missed a single letter was enough of a shock

Quote from: H C Andersen on November 13, 2024, 01:39:00 pm

As I understand it, you now acknowledge that you have the PCN and OfR which presumably have your current address on them -pl confirm. If so, then you don't have grounds to have the process reset(because none of the limited grounds would apply). So your argument is the £235 enforcement fee should not be charged because you did not receive the Notice of Enforcement.

Yes, everything is addressed correctly

So is the best bet to offer to pay less Enforcement charge, in full and final settlement?

Is there any boilerplate you can recommend using?

How much time do I have? hours? days?

Thanks

However you have stated the PCN was included with the OfR, the OfR being in an unopened envelope. So the PCN was never properly served at the start of this process. If it has now been served then it was late. So you can legitimately submit a Statutory Declaration and Out of Time application to the effect that you did not receive the PCN.

You can pay the bailiff and follow uo with the SD & OOT.

Did you ever receive a Charge Certificate? If not, then that's two statutory documents in the chain  that have gone missing. The Order for Recovery seems to be the first document that you received?

Is there a lease or finance company involved in this? Or a company car?

I can't see anything on the face of the PCN which even hints at it being a copy.

OP, you have to sign the statement of truth on the Statutory Declaration and if you genuinely believe that you were not served with the PCN then you have grounds to submit this Out of Time. But on the basis of what we know, IMO it would be rejected by the Traffic Enforcement Centre who may take days or more to even process your application and until the council(and then the bailiff) are advised otherwise enforcement would continue unless you pay.

Once I pay I presume there is absolutely no possibility of getting anything back, because there is no way to prove a negative (that they didn't send any other letter)

Not correct. Paying has NO effect on whether your OOT submission would succeed or whether, even if it didn't, you could show that the NoE was not served which is a totally separate matter and nothing to do with the Statutory Declaration.

In theory they can't break into your premises or the off-street gated parking. That doesn't mean they won't try it on and see can they talk a neighbour or a building concierge into giving them access. However since you have paid the £515 demanded then they no longer have any reason to visit,

They could also have clamped and then removed a car found in a place where the public have access. EG street or supermarket carpark and the like.

You can get bailiff advice from Bailff Advice Online.

If they did succeed in clamping and subsequently removing your car, and you still didn't pay up, then the next stage would be to send it to auction. They'll also levy a charge of £110. If the value raised after all fees and storage charges are not sufficient then as AIUI you can still be pursued for the balance.

Right now I would try and confirm the address on the Notice of Enforcement from Newlyn. Ask for a copy, although I'm not sure that they have to supply a copy. If they don't then maybe a Subject Access Request.

Is there anything odd about the V5c address that might account for the post going missing? Eg address should be Flat nn, Big Tower, London ***** but the word Flat is missing on the V5c.