3. PCN Fine Resolution
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PCN Fine Resolution
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I received a Penalty Charge Notice (PCN) in April 2024 while I was a learner driver on my own car. The day after receiving the notice, I challenged it through the provided website link and received a confirmation email of my challenge explaining what happens next. However, no decision was conveyed to me following my challenge, so I assumed the issue had been resolved. Previously I have challenged another PCN and the decision was conveyed to me through email, so  I was expecting the decision will come by email for this as well.

Today, I received a call from Mr. XXX (enforcement agent in charge), informing me of a fine of £515.00 against Council Ref: AFXXXX. When I inquired further, he mentioned that notices were sent to my previous address. He left a letter with my former landlord for me about the fine (attached). I went to my previous address and have collected this letter. She said she received more mails but she just put them in bin, she never opens the letter so she can't tell where are they from. Mr. XXX visited my current address but still did not leave any letter there?

My former landlady gave Mr. XXX my contact number and they called me threatening they are standing near my car at my new address (they confirmed my new address) and they are taking the car with them and I'll need to pay £110 for the auction fees. They said they have trace me through the address on my Licence and they have right to trace people. They said either I pay fine right now over the phone to them or they will take the car with them and I would still need to pay extra money about £110 for the charges of removal, storing the car per day, and auction. They also said with that they will inform DVLA as well that my address is not correct and they will also fine £1000.

I have checked this reference on Redbridge council site. The current status of this PCN is as follow:
Your Penalty Charge Notice was not paid and your details have now been passed to the following enforcement agent (bailiff) for collection:
You should contact the enforcement agency directly to make payment.
Penalty Charge Notice: AF07349397
Vehicle registration: LD56ZZR
Contravention date: Saturday, 20 Apr 2024 21:11
Contravention: PARKED IN A RESTRICTED STREET DURING PRESCRIBED HOURS
Street: BRAMLEY CRESCENT
Location: : OS HOUSE 13
Status: Warrant of Control granted
Could you please assist me in handling this fine, as I was never notified of any decision? Since I’ve changed addresses, I did not receive any council letters. Additionally, £515 is a considerable amount, and I would appreciate any guidance on how to reduce it.

I have just passed my driving test a couple of months ago. I am new to law and I don't know how this all works and I don't have a lawyer. Should I pay the fine to end the matter because I don't want to delay this matter further. If there is any ground based on that I never received any notice of decision due to address change and ask the council to reduce the fine to actual notice

I have never received any letter from the enforcement agency: https://www.newlynplc.co.uk/customer-information/

Can anyone please explain what happens to the fine how do they calculate it to be £515 form the original price which is £35 or £70.

I will change the address on my logbook tomorrow as the site is closed after 7pm, will I be still charged £1000?

I might have other PCN as well going to my previous address, how do I find out if I might have other unpaid PCN as they never arrived to me?

When ever I moved addressed, I have updated it on my learner licence, although the old licence goes back to DVLA but I have scanned versions of them.

Thank you very much for your help.

Kind regards,

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« Last Edit: November 07, 2024, 11:28:58 pm by TL5641 »
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Re: PCN Fine Resolution
« Reply #1 on: »
You've learnt the hard way that you must keep the logbook up to date when you move - when did you move?

You must by law change the logbook. You won't be fined for this as they have no idea when you moved.

Others will comment on what you need to do about the bailiff as they have enforced at your old address.
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Re: PCN Fine Resolution
« Reply #2 on: »
Yes, indeed, I have learnt very hard way, it is very stressful as well. I moved house on 1st of May 2024, which is my current address. I have bought this car on Wednesday 13th March at previous address, and logbook was registered at this address.
« Last Edit: November 07, 2024, 11:30:01 pm by TL5641 »
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Re: PCN Fine Resolution
« Reply #3 on: »
You've redacted all of the useful information.

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

Then post up the original PCN. It is only necessary to redact or obscure your name & address where present. Everything else should remain visible.

You cab also seek help from Bailiff Advice Online as to the possibility of making a successful Out of Time application.
« Last Edit: November 08, 2024, 11:56:44 am by Enceladus »
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Re: Bailiff, stage 2, PCN Challenged Decision not received at new address.
« Reply #4 on: »
Please can someone help with the fine £515 from Redbridge council.

I would have paid the fine £65 straight away, since I received no response from Redbridge Council due to a change in address.

What should be best course of action for me?

Should I submit a PE3 from to the Traffic Enforcement centre? What happens then after submission?

Should I email Redbridge council directly requesting them to settle this as I never received any follow ups from them under Pre-action to cease enforcement?

Is it too late for me and I should just pay the £515?

or alternatively, I should submit TE9 and TE7 forms? I called Bailiff Advice Online and they advised to submit these forms to TEC.

I have updated my logbook address today.


The letter I received from the enforcement agent at my old address us attached with this reply. At the top right of the letter the enforcement agent have also written my new address which they say they have visited.

best







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Re: PCN Fine Resolution
« Reply #5 on: »
OK this is a Redbridge PCN and is for parking on yellow lines.

£130 = Penalty Charge (reduced 50% to £65 within the discount period)
£65 = Charge Certificate surcharge
£10 = Court Registration Fee (Traffic Enforcement Centre) Order for Recovery
£75 = Bailiff's Notice of Enforcement (Compliance Stage Fee)
£235 = Bailiff's visit = Enforcement Fee
----
£515 = total demanded by bailiff
gives
£205 = Amount due to Council
£310 = Amount due to Bailiff

You can't pay the Council's share and not the bailiff's. The balance outstanding will still be enforced.

The bailiff cannot enforce at your current address until the Council applies to the TEC to have the warrant re-sealed (reissued) with your current ddress. However they can clamp and seize your car if it's in a public place.

What do you propose to put on the TE7 Out of Time Application?

Don't submit the OOT and WS until you've posted up a draft of what you are going to say. The only issue that's relevant is why you are late. You are late because you did not receive the Notice to Owner or any of the subsequent statutory notices, in particular the Order for Recovery. Why not? Because the DVLA held an out of date address and supplied it to Redbridge, but whose fault was that?

Submitting a Witness Statement with an Out of Time should suspend further enforcement immediately but due to delays in the TEC this has become 10-14 days. So the current advice is to pay the £515 and then to submit the WS and OOT.
« Last Edit: November 09, 2024, 04:27:28 pm by Enceladus »
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Re: PCN Fine Resolution
« Reply #6 on: »
OP, the key question you need to answer is what name and address was recorded on your V5 Registration Certificate for the vehicle at the time of the contravention. We see far too many cases on here where OPs only learn of a traffic contravention PCN when bailiffs are banging on their door, because they have moved to a new address, but not updated their V5C. Updating the driving licence does not update the V5.
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Re: PCN Fine Resolution
« Reply #7 on: »
Thanks for the advice Enceladus.

I have paid the £515 fine. I have drafted the following reason for the Form TE7 out of time statement:

I, [Name of Applicant], submitting this Out of Time application because I did not receive the original Notice to Owner or subsequent notices due to address change and resulting postal error. The penalty charge was issued on 20 Apr 2024 and I moved address on 1 May 2024, I believe the council must have obtained my address from DVLA before I moved, so I have not had any opportunity to make representations against the Notice to Owner. As a result, I was unaware of the decision on penalty charge notice and enforcement until I received a significant escalation, including enforcement fees. Upon learning of this, I immediately paid the full amount of £515 to prevent further enforcement action. I respectfully request that my case be reviewed out of time so that it can be reverted to the original PCN stage. I am seeking a refund of the enforcement-related fees due to the lack of notification.

Please can you review/comment? Thanks for your help.
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Re: PCN Fine Resolution
« Reply #8 on: »
Your statement is wrong because of the dates and this weakens your argument.

You will tick this box on the Witness Statement: Did not receive the postal PCN or Notice to Owner.

In your draft you refer to the PCN, which is wrong, yours was not postal.

Contravention date was 20 April. A PCN was issued at that time.

But your WS relates to the NTO.

So, when was this posted?

Given that this could not be before 28 days had elapsed since the PCN was served then this means no earlier than 18 May.

You moved on 1st.

As you don't seem to know when the NTO was issued, you'll have to finesse this point unless someone can find out.

The PCN was issued to my car on 20 April and I challenged immediately. I did not receive the NTO because this was issued at the same time that I was in the throes of moving from **** to **** which I did on ****. Consequently the NTO and every other notice was similarly misdirected, albeit no blame attaches to the authority because they're not permitted to make further enquiries of DVLA when when no response to notices might suggest an owner has moved in the interim.

See what others think.

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Re: PCN Fine Resolution
« Reply #9 on: »
Thanks for picking this up,  there is only limited space on this form, can I attach an extra sheet? To fit in message I removed some statements, which leads to the wrong statement. 

I called council and they said they posted decision about rejection of my challenged to original PCN on 29th of April. They then send me another post (they did not tell what exactly this is about) on 20th of August to fill in T9 forms by 9th of September if I need more time.

I have submitted a subject access request but not sure how many days the consul will take to get back to me.

 
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Re: PCN Fine Resolution
« Reply #10 on: »
Is it generally advisable to talk to enforcement agent to get more information, in my case they are not being helpful at all, they are very pressurising.

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Re: PCN Fine Resolution
« Reply #11 on: »
thanks for the advise: will the below statement work:

The penalty charge was issued on 20 Apr 2024, I challenged it on 21 Apr 2024, and I moved address on 1 May 2024, I believe the council must have obtained my address from DVLA before I moved, so I have not had any opportunity to make representations against the Notice to Owner. I attach a letter from my landlord and a copy of my lodger agreement as evidence of the date on which I moved address.

Would I not tick three option boxes on TE9 form the following statement:

I did not receive the Notice to Owner / Penalty Charge Notice.

I made representations about the penalty charge to the Charging Authority concerned, within 28 days of the service of the Penalty Charge Notice, but did not receive a rejection notice.

The penalty charge has been paid in full.
Date it was paid: 10/11/2024
How was it paid: Debit
To whom was it paid: Newlyn
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Re: PCN Fine Resolution
« Reply #12 on: »
Please can you also advise how long I can take to request for WS and OOT, I am waiting for responses from people. I think this should be deal as an urgent asap, but would it hurt my case if I delay submitting this request further? best
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Re: PCN Fine Resolution
« Reply #13 on: »
The penalty charge was issued on 20 Apr 2024, ..........and I moved address on 1 May 2024. It therefore follows that as the subsequent NTO would have used my address as of 20 Apr but could not have been issued before 17May(PCN +28 days) I did not receive this or any other enforcement notice by virtue of living elsewhere when these were delivered. I attach a letter from my landlord and a copy of my lodger agreement as evidence of the date on which I moved address.

A suggested rewrite.
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Re: PCN Fine Resolution
« Reply #14 on: »
Many thanks for the help H C Andersen. I'll make use of your suggested rewrite. Regards,
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