Free Traffic Legal Advice

Hi all,

I’d appreciate some help with a TfL Penalty Charge Notice that reached enforcement without me ever receiving any prior correspondence.

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Timeline / Case details

• 14 Jun 2025 - Contravention – Failure to pay Road User Charge (Silvertown Tunnel, Newham)
• 20 Jun 2025 - PCN issued Sent to old DVLA address
• 08 Jul 2025  - On Hold: Addressee Gone Away / Unknown Mail returned undelivered
• 14 Aug 2025  - Charge Certificate Batched
• 25 Sep 2025  - Debt Registration Accepted / Order for Recovery issued
• 03 Oct 2025  - On Hold: Addressee Gone Away / Unknown Second returned mail
• 14 Nov 2025  - Warrant Request Accepted
• 17 Nov 2025  - Exported to Enforcement Agent (JBW/CDER)
• 18 Nov 2025 - First contact from CDER Group by text
• 21 Nov 2025  - Paid £280 to CDER to stop escalation

TfL online history shows two “Addressee Gone Away / Unknown” entries, which proves mail was bouncing back even though it was sent to my outdated V5C address.

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Background

I moved earlier 2 years ago but hadn’t yet updated my DVLA V5C - obviously my fault for this (and I've now updated it). But this meant I never received the PCN, Charge Certificate, or Order for Recovery.
When CDER Group contacted me in November, I immediately checked TfL’s portal, discovered the problem, and paid £280 to prevent the extra £235 enforcement-visit fee.

I now want to submit a PE3 (Statutory Declaration) and PE2 (Application to file out of time) so the case can be reset to the original PCN stage and, if accepted, request a refund from TfL.

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Questions

• Are there particular phrases or evidence attachments that improve the chances of a PE2 being accepted when the address error was my fault but TfL’s records show “Gone Away”?
• Does having already paid CDER affect my right to file PE2/PE3 or to obtain a refund if accepted?
• How can I check for any other TfL or council PCNs that may have gone to the old address and already escalated?
• Any template emails or examples of successful PE2/PE3 submissions that members recommend following?

Thanks in advance for any guidance or examples you can share, and hopefully I have followed the right format for posting.

+1
Not updating one's V5C for two years is, I think, the longest period we've seen on here. So, as SFM says, submission of an Out-of-Time Statutory Declaration is unlikely to succeed. You can get a second opinion here: -
www.bailiffadviceonline.co.uk

Thank you all, really helpful.

Good question on how they got my phone number, I have no idea...

I have not received a Notice of Enforcement - on the phone they said that they'd only just picked up the case and the letters were only being issued this week (and presumably would go to the wrong address).

If I don't have to declare to TEC exactly how long it has been since I moved, presumably they are just basing it on whether it is acceptable that I didn't receive the PCN (rather than judge how long it had been)?

At no stage of the process have I deliberately tried to avoid contact with the council, it was just an unfortunate matter of timing which led to mail not being received by me at my previous address.

When the council's agent, CDER, contacted me I immediately called them in order to engage with the process. Indeed I even paid the outstanding debt in order to avoid further escalation even though at this stage I had yet to receive a Notice of Enforcement.

Having investigated the alleged contravention, I believe that I have reasonable grounds to put to the authority and would request the court to give me this opportunity.


...if true!