3. Help Evaluating PE2/TE9 Application – Missed NTO Due to Address Issue and Bereavement
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Re: Help Evaluating PE2/TE9 Application – Missed NTO Due to Address Issue and Bereavement
« Reply #15 on: »
Today (12 June), I received a Notice of Enforcement at my current address. This is the first letter that has reached me. It’s dated 6 June 2025 and confirms a Warrant of Control was issued on 3 June 2025. This gives me two days to make the payment.

I haven’t submitted the TE9/TE7 yet. I’m just taking in the whole picture and waiting for any final feedback from you before going ahead. 

Appreciate any final thoughts. Will post again once I’ve submitted.
It seems we have answers to my questions - what are the next steps, please? 


I am still waiting to hear back from West Berkshire Council on the other dates but I am aware of the notice of enforcement now.
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Re: Help Evaluating PE2/TE9 Application – Missed NTO Due to Address Issue and Bereavement
« Reply #16 on: »
IMO, pay the sum demanded.

Why?

Because you can still submit your OOT, paying has no effect on TEC's deliberations.

And, if you submit an unsuccessful OOT the bailiffs may visit and increase the debt by £235.

Butif your OOT succeeds, you get your money back and the process reverts to the NTO stage.

So paying caps your liability.

Pl explain:
Today (12 June), I received a Notice of Enforcement at my current address.

By hand or by post? Is it addressed to you by name at your current address or has it been redirected?

By the way, how did you make your initial, unsuccessful, reps? According to you, you must have done so without giving your postal address for their reply. Or did you and did the authority ignore this and send the NTO to the DVLA address?
« Last Edit: June 12, 2025, 04:57:12 pm by H C Andersen »
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Re: Help Evaluating PE2/TE9 Application – Missed NTO Due to Address Issue and Bereavement
« Reply #17 on: »
Thanks, I’ve paid the amount to avoid any further enforcement action, and I still plan to submit the OOT.
The Notice of Enforcement arrived by post at my current address, correctly addressed to me. It wasn’t redirected, so I believe the enforcement agency may have done a trace.

I had contacted West Berkshire by email shortly after the PCN was issued, stating my intention to appeal and that I would wait for the formal Notice to Owner. At the time, my driver’s licence address with the DVLA had been updated, but I hadn’t realised the V5C logbook needed to be updated separately. As a result, their notices were sent to the previous address.

Appreciate the guidance so far.
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Re: Help Evaluating PE2/TE9 Application – Missed NTO Due to Address Issue and Bereavement
« Reply #18 on: »
Warrant issued 3 June(presumably to address B otherwise the enforcement agent had no power to issue a Notice of Enforcement, as they did,..
NoE issued 6 June addressed to address B;
All previous notices issued by the authority were to address A.
The authority obtained an initial warrant in respect of address A, but were notified by their enforcement agents(who had carried out a subsequent trace) that your correct address was B;

The authority were aware that address A was not an address for service and therefore not one where a warrant could be executed which is why they requested a modification prior to the Notice of Enforcement being issued.

It would be contrary to the authority's public law duty to act fairly and reasonably to contest your application to submit a WS out of time.

In my opinion.
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Re: Help Evaluating PE2/TE9 Application – Missed NTO Due to Address Issue and Bereavement
« Reply #19 on: »
West Berkshire Council confirmed that the Order for Recovery (OFR) was sent to my old address on 7 April 2025, based on DVLA V5C data received on 23 January 2025.  However, when the warrant of control was granted on 03/06/2025, Bristow & Sutor issued the Notice of Enforcement (NoE) to my new address on 06/06/2025, indicating that the enforcement agent had traced and corrected the address.

This confirms the council issued all statutory notices (PCN, NTO, Charge Certificate, and OFR) to an outdated address, based on old keeper information. Yet by the time enforcement began, they were aware that the address was no longer valid and had acted on the updated details.

Suppose TEC rejects my TE7 due to a council objection. The authority accepted that the original address was incorrect, but only updated it once the case reached enforcement.

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Not sure how helpful, but it seems you are on the right lines with your thoughts.
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  3. Help Evaluating PE2/TE9 Application – Missed NTO Due to Address Issue and Bereavement