Author Topic: Somerset Council - Code 85 - Parked in a bay without displaying valid permit, Great Ostry Service Yard  (Read 526 times)

0 Members and 21 Guests are viewing this topic.

Location: Great Ostry Service Yard, Shepton Mallet, Somerset
Alleged contravention: Code 85 - Parked in a bay without clearly displaying a valid permit.

An officer tried to get the number plate as the car was moving away.

Believed to be no proof of contravention and letters were mailed to old address.

No Notice to owner received.

Charge certificate and final reminder sent to previous address.
Letters addressed to old address, received recently by kindness of existing residents:

07/08/25 - Charge Certificate Letter

https://imgpile.com/p/I0trHHb#yc39ByV

28/08/25 - Final Reminder Letter

https://imgpile.com/p/I0trHHb#lPuC6xH


Is there someone to help here? Below i will attach what i have




Google Maps / Street View Pictures Annotated with stopping point in 'service bay'

https://imgpile.com/p/I0trHHb#bQ4tjWu
https://imgpile.com/p/I0trHHb#2nl5hIX

Google Street View:
https://www.google.com/maps/@51.1912289,-2.5475083,3a,60y,54.22h,81.79t/data=!3m7!1e1!3m5!1sEDaJnI6HycmKI1G-zTzbUw!2e0!6shttps:%2F%2Fstreetviewpixels-pa.googleapis.com%2Fv1%2Fthumbnail%3Fcb_client%3Dmaps_sv.tactile%26w%3D900%26h%3D600%26pitch%3D8.207628199369537%26panoid%3DEDaJnI6HycmKI1G-zTzbUw%26yaw%3D54.21902314148301!7i16384!8i8192?entry=ttu&g_ep=EgoyMDI1MTAyMi4wIKXMDSoASAFQAw%3D%3D

Share on Bluesky Share on Facebook


When did you move and have you now updated the logbook?

They probably sent a PCN to your previous address stating you drove away before it could be served.

As you didn't get this you can make a witness statement when they apply for an order for recovery but the council has done nothing wrong (unless it sent an NTO instead of a driveaway PCN, or didn't send anything).

So, let's try to summarise your thread. Tell us if it's right or correct me.

You parked somewhere along Great Ostry in a service yard in a space reserved for permit holders. You spotted a CEO approaching, so dived into your car and drove off quickly thinking that was the end of the matter. This is what is called a "driveaway", and was common before the Traffic Management Act 2004 put in a specific provision to cater for their enforcement namely the parking contravention before the driveaway took place. The Act permits a postal PCN to be served when the CEO had started to prepare a PCN but was unable to serve it to car or driver because the driver drove off before it could be served. In the normal course of events, you would have received a postal PCN.

However, your circumstances add to your difficulties, because it would seem your V5C Registration Certificate was not up-to-date regarding the address. The council can obtain the name and address of the keeper of a vehicle alleged to be in contravention on request to the DVLA. Subsequent to this, they send all of the statutory enforcement documents to that name and address, unless the intended recipient advises them of a new address. When nothing comes back, they eventually register the PCN at the Traffic Enforcement Centre, and send out a final statutory document, the Order for Recovery, which adds £10 to the amount of the Charge Certificate, this being the TEC registration fee. If no response is received to this OfR, the council can and invariably will, instruct bailiffs to collect the money. Bailiffs are very good at tracking people down because their livelihood depends on it. It seems you are not at this stage yet.

The council havve also sent out a final reminder letter, which is not a statutory document, but it does correctly describe what will happen if payment of the CC amount is not made.

Looking at the dates of your last V5C update, (17th July) and the date of the PCN (30th June), there is not a huge gap, so if the PCN went to the previous V5C address, why did you update it on 17th July, when clearly you had moved some time before ?

It's important in these matters, to get all of one's ducks in a row, because the next stage of the process, the council registering the debt at TEC does not yet seem to have taken place. It is therefore very important that you find out if the PCN has been registered, because once it has, you only have 21 days to submit an in-time Witness Statement that the PCN was not received. No reason is necessary for an in-time submission. However, if you miss this deadline, you would have to submit an out-of-time statement, which can be opposed by the council who will no doubt have instructed bailiffs by then.

Of course you can achieve quick closure by just paying the Charge Certificate amount, but I suspect you would rather not.

So, please tell us a bit more about your V5C update. At the moment you have to concentrate on getting the process reset back to the PCN stage because at the moment the period for submitting representations is past.

The house was changed a couple months before, when I corrected the address with DVLA. I did not know that this would not change the V5C address. I corrected the V5C as soon as I realised after a call with them.

I don’t know if it was a service yard. I saw “FREE PARKING”.
I only saw a person wearing florescence approaching the car. When I drove away he got a phone out. That’s all I know so I don’t know if there was any PCN preparation or just, as I suspect, making a photo of a moving car.

I am trying my best to get duck’s in a row, things are very tough. I spend a long time away from home caring for my sick father with little time to go and I myself suffer with various diagnosed mental health disorders. I also have countless Somerset council Bristol CAZ fines which have also gone to the wrong address and are for sure passed the deadline.

Please can you advise what steps I should take? How do I get it back to the PCN stage?
Do you know if it is possible to write to Somerset council to group together all PCNs and I work through it all with an individual and reasonable adjustments to time?

Quote
The house was changed a couple months before, when I corrected the address with DVLA.
So you updated your driving licence, but as you have found out, this does not update any V5Cs with the same address.

Looking at the final warning letter it is dated 28th August and as I type it is 29th October, two months on. You therefore need to phone the Traffic Enforcement Centre to ask if the PCN has been registered. If it has, you need to know what date it was registered. You have 21 days from registration to submit a Witness Statement that you did not receive the PCN. The form is Form TE9
https://www.gov.uk/government/publications/challenge-a-traffic-enforcement-order-outside-london-boroughs-or-a-parking-charge-in-a-london-borough-form-te9

When councils register PCN debts at TEC, they must then send out an Order for Recovery, (as it says in their last letter). So you should have received this at the old V5C address.

Main thing now is either do as above, or pay up.  YOu say you also have "countless" PCNs for the Bristol CAZ. How do you know ? It is likely these are also now at Order for Recovery stage, and bailiffs have already been instructed.

I'm afraid you are in quite a mess, so I would also advise that you contact the following: -
www.bailiffadviceonline.co.uk