'I also can provide evidence of move to the property.....redirecting my mail via Royal Mail..I also changed my address..DVLA.
..changed my DVLA address with DVLA prior to the date..
OP, I fear that any hearing is not going to go well because it will be on the papers and so no chance for you to convey your credibility to the judge.
Facts AND evidence in support of those facts is what counts IMO.
IMO, you failed previously because, as I understand it, you did not provide evidence in support of your claims, you simply asserted in writing.
This won't do IMO.
Sorry if this sounds harsh, but you get one bite at this cherry - per PCN- and you need to assemble evidence.
So, let's break things down.
1. The OOT itself
Why an OOT at all? Because you did not receive the OfR.
Why?
Because - to use shorthand- it was addressed to your old address, was not captured by any redirect arrangements and you were not expecting it.
Why addressed to your old address? Because this was the address provided by DVLA as your registered address at the time of the contravention.
Whose fault is this? You say DVLA's but from what I can see have no direct evidence in support.
09/05 filed for change of address March 2022 DVLA didn't update til early May 2022.
On March ?? 2022 I completed the change of address form for the V5c logbook and sent it to the DVLA.
So let's look at this. What evidence do you have that you filed for a change? If no hard evidence, then look at it backwards i.e. in order for DVLA to change the address they needed a request from you..and if this wasn't the one you say you made in March then when did you do it? It had to be done at some time! Have you asked DVLA why they updated their records? Remember, DVLA are not part of the enforcement process. For all we know they have a note on your file to say that the change of RK was made on *** but that the request came from you in March!
So, have you hard evidence of your request in March?
If not, did you contact them at any time prior to receiving your new V5C to chase them or submit a fresh request?
2. Given that you say you had a RM redirect in place, why were the council's notices(note my use of the plural) issued during its currency not captured by Royal Mail?
You have evidence that unnamed- to us at least- persons' mail was to be redirected from 9 March to 8 June.
So far you've focused exclusively on the PCN, but IMO - and you can check with the council- you would have been sent at least 2 notices during this period, not just the PCN
So, what notices or correspondence were sent by the council prior to, say, 5/6 June? Ask them.
Following on from this point - was the exact person's name as on the previous V5C listed on the mail redirect and was the address exactly the same as on the V5C?
3. Why weren't you expecting the PCN?
Follows from the above.
