Author Topic: Unaware of PCN until Bailiff arrived  (Read 679 times)

0 Members and 35 Guests are viewing this topic.

Unaware of PCN until Bailiff arrived
« on: »
I apparently received a PCN back in February of this year. However, as i completely forgot to change the logbook of my vehicle when i moved, didn’t receive any such letter or notification.

So a bailiff arrived at my address today demanding £515.00 to put the case to bed.

Is there anything i can do to appeal with the local authority who originally issues the PCN?

This is clearly a mistake, and i don’t want to be ripped off my Newlyn Bailiffs.

Cheers

Share on Bluesky Share on Facebook


Re: Unaware of PCN until Bailiff arrived
« Reply #1 on: »
Did the bailiff leave you a notice or letter of any description? If so please post it up. Instructions are in the READ THIS FIRST - **BEFORE POSTING YOUR CASE!** sticky post at the top of the forum. Just redact your name and address and leave everything else visible.


« Last Edit: November 22, 2024, 10:00:17 pm by Enceladus »

Re: Unaware of PCN until Bailiff arrived
« Reply #2 on: »
Quote
However, as i completely forgot to change the logbook of my vehicle when i moved,

Sadly, we see this all too often . . .  :'(

Please give us the date you moved and the date the V5C was updated last.


Re: Unaware of PCN until Bailiff arrived
« Reply #3 on: »
I moved in June 2023, and ultimately realised in October this year that i hadn’t changed my V5C 🤦🏻‍♂️ - therefore done so immediately.

Photo of letter attached guys.

[ Guests cannot view attachments ]

Re: Unaware of PCN until Bailiff arrived
« Reply #4 on: »
I'll have a guess at Redbridge ?

What is the vrm of the vehicle involved?

Re: Unaware of PCN until Bailiff arrived
« Reply #5 on: »
If this letter reached you at your current address, then a previous letter should also have been received.  This is the letter sent at the "Compliance" stage, when the bailiff fee is £75 plus the council debt of the amount at the Order for Recovery stage. The letter you have received is the one sent at the second stage of enforcement, the "taking control of goods" stage.  Yet you don't mention this letter at all ? So did your receive such a letter ?

Here are the relevant regulations :-
https://www.legislation.gov.uk/uksi/2014/1/signature
See Regulation 5 and Schedule 12

The compliance fee is £75, and the attendance fee £235

The only way to revert the process back to the PCN stage is to submit a Statutory Declaration or a Witness Statement. Which one depends under what legislation the PCN was issued. Because you are way out of time to submit either of these, you also have to submit separate form to request that the SD or WS form can be submitted Out-of-Time. Whether you've paid the bailiff or not, it has no relevance or input, to the WS or SD process. With your late update of your V5C, you'll need a very good story to explain things.

Re: Unaware of PCN until Bailiff arrived
« Reply #6 on: »
I moved in June 2023, and ultimately realised in October this year that i hadn’t changed my V5C 🤦🏻‍♂️ - therefore done so immediately.

Photo of letter attached guys.
Is the name and address on the letter correct? IE your name and your current address? If not then how did you receive the letter?

What is the vehicle reg?

Re: Unaware of PCN until Bailiff arrived
« Reply #7 on: »
Do you still have the vehicle involved in the contravention? If so, this can be seized by them if on your property or highway? They could also seize a different vehicle on your property if they have a legitimate belief that it's your property.

There are only 2 means of halting action: to pay or to get the council to hold them off while other procedures are engaged*.

Have you contacted the council or the bailiffs?

*- several strands to these, but we need more details first pl.

Re: Unaware of PCN until Bailiff arrived
« Reply #8 on: »
The VRM is LT66 HZG

I plan on visiting Redbridge Council on Monday or Tuesday, however im not sure if i have a leg to stand on.

I never received any correspondence from the bailiff company, first i knew was when they turned up at my address.

I have no real excuse for not updating the V5C form, i had some personal issues such as breaking up with my wife - but i dont think that will help me.

I genuinely do not know what to do.

The bailiff said that the police could take my vehicle from the road too.

I shouldn’t of even been given the initial PCN as im a London Taxi driver and was dropping off a client at the time.

Any help would be so much appreciated.

Re: Unaware of PCN until Bailiff arrived
« Reply #9 on: »
Thanks for the VRM.
However you haven't answered the question: "Is the name and address on the letter correct? IE Is it your name and your current address? If not then how did you receive the letter?"

Do you rent the hackney cab or own it outright?

At each end of Harpenden Road there are "flying motorcycle" Pedestrian and Cycle Zone signs Mon-Fri 7:45-9:15 am and 2:30-3:30 pm except for permit SS7 holders. So no motor vehicles at all during those hours Mon-Fri, excepting permit holders. The permit holders are presumably all residents. A hackney cab has no exemption.

What do you mean by "visiting Redbridge Council"? I doubt if you'll get very far with a walk-in to the public office, if there is one at all.

The Police don't have anything to do with this. They won't be interested. Looks like the bailiff is trying to intimidate you into paying up.

Can anybody confirm that a bailiff can't impound a licensed hackney cab as it's a tool of trade, even if over £1350 in value?

To get this reset to the PCN stage you'll need to submit a Statutory Declaration to the effect that you did not receive the original PCN and an application to submit the SD Out of Time. The question then arises as to what you can put on the OOT that justifies the delay as Redbridge will almost certainly object. Please don't attempt to submit the OOT & SD until we've reviewed what you're going to say.

I'm sorry if this is a bit personal. Why didn't your wife forward on your post? Or did she send it back to Redbridge?
« Last Edit: November 24, 2024, 04:09:25 pm by Enceladus »

Re: Unaware of PCN until Bailiff arrived
« Reply #10 on: »
OP, visiting the council won't achieve anything IMO.

If your* vehicle is valued** at more than £1350 then I suggest you pay the bailiff. Sorry, but this is the only action which would buy you time and DOES NOT affect your chances of getting the matter reset to the PCN stage(chances which I think are slim but you've still to provide important details) or getting £235 refunded from the council(bailiffs are the council's agents, therefore you would go to them as the principal).

If the council cannot produce a copy of a Notice of Enforcement addressed as required then they're up s**t creek. However, if they could then IMO the legal presumption of service would apply whether you received it or not.

*- do you still have the vehicle concerned,  who was the registered keeper of the vehicle at the time and who is now?

**-apparently the value is based upon what is realisable at auction (whether before or after deduction of auction fees I'm not sure).

Re: Unaware of PCN until Bailiff arrived
« Reply #11 on: »
Yes, the name and address on the letter are both correct.

The letter was hand delivered to my address on Friday and my wife called me and sent me a picture of it immediately.

So am i right in thinking that i should pay the bailiff the £515 and then a Statuary Declaration? Will this possible help either going back to the original PCN charge or perhaps some kind of money back?

Apologies, i find this all very hard to understand.

I really appreciate the time and responses guys !!


Re: Unaware of PCN until Bailiff arrived
« Reply #12 on: »
It can be intimidating, but we'll help when we have the info we need, but we're still somewhat short of this.

I never received any correspondence from the bailiff company, first i knew was when they turned up at my address.

Then you must find out when and to whom(exactly) this was sent.

and,

do you still have the vehicle concerned, 
who was the registered keeper of the vehicle at the time and who is now, and
where is it?

Re: Unaware of PCN until Bailiff arrived
« Reply #13 on: »
The bailif told me that i should of received a letter before his visit to my house - which i didnt.

I still own the vehicle, i owned it at the time of the alleged offence, and the vehicle is at my home address when im not working in London.