Free Traffic Legal Advice

YOu seem to be assuming your out-of-time declaration will get you back to the Notice to Owner stage.  Please tell us why you are having to submit an out-of-time declaration. All the declaration does is get you back to the Notice to Owner stage, you don't put any of your arguments against the PCN on it, you have to explain wny you are submitting an OOT declaration. If this is not accepted, (and they are usually refused), you are back to the bailiffs.

As regards your proposed appeal argument, the short answer is no, they won't. Photograpshs for parking contraventions are not even a legal requirement, and there is no mandatory observation time. If you were loading then it is up to you to claim the exemption when responding to the PCN.

The original PCN was for parking where there were parking and also loading restrictions, so even if you were loading, if it was in the restricted time, you cannot claim the loading exemption.

Is the V5 for your car up-to-date ? Apart from the original PCN which I assume was attached to the car when the CEO served it, you would also seem to have not received the following statutory documents: -

- Notice to Owner
- Charge Certificated
- Order for Recovery

All of these are sent to the registered keeper on the V5 for the vehicle

So by not receiving these documents, this indicates to me your V5 is out-of-date. If it is, then it is almost certain your Out-of-Time Statutory Declaration will be refused, because it is your duty to keep the V5 up-to-date.

PLease post up the document from CDER, with name and address blanked-out.

I am submitting the OOT declaration as this is the first notice I have had regarding this PCN, and yet you have sufficient info in order to establish:

2. There is no picture in the evidence showing the restriction times or signs.
2) It was on a single yellow and not observed for any loading or such as the pictures have a duration of a minute (07:20-07:21).


I haven't got any paperwork from CDER but I had received a text message regarding this.

I've received a warrant from CDER regarding this PCN.

Doesn't make any sense, sorry. Precision is vital. If you meant to say that you've been notified that CDER have a warrant and not that you have received a warrant, then pl clarify.

Also, how could they have texted you, they wouldn't know your tel. no. because you've not contacted anyone.

If bailiffs could turn up on your doorstep then matters are serious. The only way to stop them is to pay or submit OOT. You can pay and still submit an OOT, it wouldn't affect TEC's decision. In fact, if they're only claiming the £75 Compliance Fee, I'd pay.

I am submitting the OOT declaration as this is the first notice I have had regarding this PCN, and yet you have sufficient info in order to establish:

2. There is no picture in the evidence showing the restriction times or signs.
2) It was on a single yellow and not observed for any loading or such as the pictures have a duration of a minute (07:20-07:21).


I haven't got any paperwork from CDER but I had received a text message regarding this.

I've received a warrant from CDER regarding this PCN.

Doesn't make any sense, sorry. Precision is vital. If you meant to say that you've been notified that CDER have a warrant and not that you have received a warrant, then pl clarify.

Also, how could they have texted you, they wouldn't know your tel. no. because you've not contacted anyone.

If bailiffs could turn up on your doorstep then matters are serious. The only way to stop them is to pay or submit OOT. You can pay and still submit an OOT, it wouldn't affect TEC's decision. In fact, if they're only claiming the £75 Compliance Fee, I'd pay.

I'm not sure how they have my contact number but they had contacted me via text message stating I have an outstanding balance. I then called them and asked which PCN this is regarding and that is how I found out the details after checking the PCN details on Camden Councils website

At the stage in the process where you are currently, it doesn't matter if you have absolutely irrefutable evidence that the contravention did not occur because the stage when you could appeal, (or pay the PCN), is past. You have to get the process re-set back to the Notice to Owner stage, and the only way to do this is to submit an Out-of-Time Statutory Declaration and to get this accepted. With no flat number on the V5 it would seem that your mail went astray. However, did you receive the VED renewal reminders from DVLA ?

By having that address flaw in your V5 means that you will struggle to get it accepted, as this error is not down to the council who issued the PCN, but yourself in not checking the address and getting it corrected. So I'm inclined to agree with HCA, namely pay the bailiff bill before it gets any larger. Paying is not an admittance of guilt, and you can still submit an OOT. If it is accepted you'd get your money back/

I did state above this occurred before I had gotten the address corrected, I didn't get the vehicle much before the date of this PCN.

OOT SDs can succeed where it can be shown that the V5 was in course of update when the contravention occurred. SO give us the date you bought the vehicle, and when DVLA updated the V5. If the PCN was issued during the period DVLA state the update can take, ( a few weeks sometimes), you have a good argument for your OOT.