Author Topic: PCN issued by Havering council - entering in the road on restricted timings  (Read 49 times)

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Hi,

Have moved in to a new address. The landlord applied for the permit as the new address is where there is restrictions on timings due the school. Was under the impression that my landlord has registered the vehicle but looks like it is not the case as the PCN keeps going to the old address.

Have notified the council since October 2025 and have been paying the council tax.

Please advise.

https://ibb.co/p6F2z581
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Not only has your landlord failed to register the car for a permit, it also looks as if you have failed to update the V5C Registration Certificate for your car. I suggest you check with the landlord why he has failed to do what he promised to do. It may be that the permit rules make the resident responsible for obtaining permits.

So with no permit, when you drove in during the restricted times, their CCTV registered a non-permit holder, and they then served postal PCNs to the V5C address as they are obliged to do by law. All subsequent enforcement documents must be sent to the name and address the council obtain from the DVLA. So why have you not updated your V5C ?

You have posted-up three Charge Certificates, but there would have been three postal PCNs served before these, so what happened to them ?  Anyway, you can do nothing with the CCs except pay them, or ignore them and wait for the  final part of the process which will enable you to get the matter reverted to the PCN stage, at which point you can either pay or submit representations.

At the end of the 14 day payment period on the CCs, the council must register the PCNs at the Traffic Enforcement Centre, (TEC). Only when they have done this can they instruct bailiffs to recover the money. Please note that there is no possibility whatsoever of a CCJ. At this stage they will send out an Order for Recovery for each of the PCNs to the old address. But you can download the relevant forms from TEC, fill them in and submit them. The form you require is PE3
https://www.gov.uk/government/collections/traffic-enforcement-centre-forms

So you now need to become proactive, and phone TEC every 7-10 days to find out if the PCNs have been registered. Once they have, you can submit a Statutory Declaration for each one, stating that you did not receive the PCN. TEC then cancel the CCs and OfRs and the matter reverts to the PCN. You are still liable for the PCNs.

Since we do not live at the old address we could not find any other letters containing PCNs. The address was changed on V5C around 1st week of December.


is this the form where it says
Give full details and tick the box which applies. If your penalty charge relates to a London Borough Parking contravention you must only tick one box. You must ensure that all details above are correctly entered from the Order for Recovery of unpaid penalty charge. You must then have the form sworn before a Commissioner for Oaths (e.g. a Solicitor), a Justice of the Peace (at any Magistrates Court) or an officer of your local county court before sending the declaration to the Traffic Enforcement Centre at the above address. You may have to pay a fee.

If so, who will be cheapest and easiest to go to a solicitor, a justice of the peace or an officer?

The legislation under which the original PCNs were served is the London Local Authorities and Transport for London Act 2003.  This means you need to submit a Statutory Declaration using form PE3. YOu tick the first check box because your circumstances fit the third item against that box, a PCN served for a traffic contravention. YOu don't need to put anything in the 'Reasons" box.
When filling in the form, remember you are the 'Respondent'.  The applicant, (see top right of form), is the council, Havering.  You only sign and date the form in the presence of the witness. Normal solicitor fee is about £10-15 as I understand it. If you get a court official to witness, you'll have to make an appointment.

https://www.gov.uk/government/publications/form-pe3-challenge-an-unpaid-penalty-charge-notice