3. Unknown pcn from May last year. Text and call.
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Re: Unknown pcn from May last year. Text and call.
« Reply #15 on: »
I'm asking procedural questions.
So my number plate is irrelevant.
All that will tell you it's taxed and if it's tested or needs testing.
I don't have the pcn number at present.
Again I'm asking procedural questions? This is what I need help with. Once I know this I can get on with this case and work out what to do.  I'm more than happy to pay the original pcn charge. I'm not paying all the extras, when it is not my fault I recieved nothing.  As someone said, to not receive so many letters, means I'm lying( which I am not) or they were never sent to my address. In which case I should only be paying the original charge.
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Re: Unknown pcn from May last year. Text and call.
« Reply #16 on: »
With all due respect, the 'procedural' questions you are asking suggest you do not really have an understanding of your situation.  And on this forum, you are surrounded by numerous experts who have helped hundreds of people who come here in the exact same circumstances you describe.

Not receiving letters does not mean you are lying, it's entirely consistent with your story and an address move so close to the PCN date.  PCNs fall under a very strict (civil) legal process, full of deadlines and required actions (by you, the relevant council and the bailiffs).  This includes sending all notices to the address provided by DVLA when the offence is committed.

Without following good advice, the most likely outcome is that you will end up paying the full amount including bailiff charges (which will increase over time).  The timing of your address move does give you a possible chance to get this reverted back to the PCN stage (where you can either pay it or choose to fight it at the original penalty level) but it requires the discretion of the Traffic Enforcement Centre (and to an extent Hackney) and so you need to play your cards right which requires experience more than being told about procedure.
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Re: Unknown pcn from May last year. Text and call.
« Reply #17 on: »
Thank you Mr Chips.
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Re: Unknown pcn from May last year. Text and call.
« Reply #18 on: »
Date of contravention; we're told 3 May
Date your V5C last updated; we're told 10 May
How and when did you notify DVLA of this change; 'DVLA took at least a month to change it from my notification'
Date you moved from address A; no idea
Did you put in place mail forwarding with Royal Mail? No idea.

OP, IMO there is no way forward with any likelihood of success unless you order your thoughts and evidence as above.

Claims and assertions must be accompanied by proof.

If you notified DVLA of your amended RK details 'at least a month [before 10 May] then this is the proof you need. Without this I cannot you might succeed, with it you definitely should. If you don't have this proof then get it from DVLA.

I notified DVLA by ****(method) of a change in my RK address on (date).
The contravention occurred on 3 May, the PCN was issued on ** and served on ***.
DVLA took ** weeks to action my change in details, see V5C with latest amended date 10 May, and this inevitably caused the authority to issue the PCN and subsequent notices to an unoccupied address.

 
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Re: Unknown pcn from May last year. Text and call.
« Reply #19 on: »
Pcn qz16458304
MW22KWD
I don't dispute the offence.
I never recieved any documentation.
I've have sar Marstons.
I have listened to the 9 min call again.
I have also spoke to enforcement, they admitted they sent correspondence to my old address last November even though they knew my address changed 9th May 2024 offence 3rd May 2024.  When I said we'll call it off and pass back to the council, since I never recieved any documentation, they stated I should have had mail redirected.  I said this isn't a legal requirement.  She said they will still send officers to seize goods they will still clamp my car if seen on a public road.
First I knew of this was on Monday at 10am. 9 min call.  They demanded £560. Even though when I checked the website stated£280.  From the sar I can see that on the same day at 2pm they applied for a warrant and various other documents.  I cannot view the documents just see a list as the password system doesn't seem to be working.  I've emailed re this. I just get a frustrating ever turning circle.
I've spoken to the fca, they were very shocked at Marstons behavior.They have told me to complain to marstons whic will take up yo 8 weeks.  I have emailed Marstons yesterday asking them to put the case on hold for 14 days whilst I look into this?  As I said I'm happy to pay the original but not the outstanding charges.
Martons have not responded to my email re putting on hold. And having just spoken to enforcement in Manchester they are not aware.
So what now?  I dare not leave my door open or drive. Please help
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Re: Unknown pcn from May last year. Text and call.
« Reply #20 on: »
So indeed the contravention was 3 May 2024 and last logbook issued 9 May 2024.

I would suggest paying the £280 to Marstons and then filing an out of time declaration that highlights this very close call - a few days later and you would got the PCN and other documents I presume.



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Re: Unknown pcn from May last year. Text and call.
« Reply #21 on: »
I'm paying nothing.
They have admitted in 2 phone calls they sent docuntation to an incorrect address as late as last November.  They are meant to check addresses after a first no response.
What is an out of time.
Besides now they want £560.  They applied for a warrrent 4 hours after I spoke to them. I have registered to this call.  It is obviously I haven't a clue what they are talking about. 
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Re: Unknown pcn from May last year. Text and call.
« Reply #22 on: »
Paying now will cap your liability.  If your application to get the PCN reset is refused then that cost will only increase from here.

If your application is accepted you will get that money back.
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Re: Unknown pcn from May last year. Text and call.
« Reply #23 on: »
But, I'm not paying £560 and waiting for the refund which could be months.
They have done wrong.
I will put a complaint in and to the FCa. God help they treat everyone this way.
They have admitted I recieved nothing as it was sent to an incorrect address.
These people are bullying crooks. It's despicable the way they treat people.  If I don't complain officially they continue to get away with this.
Amazing that 4 hours after my first and original phone call that they can get warrants in place, but they cannot answer basic emails as quickly and leave md in fear of leaving my door open on a sunny day or daring to drive Mt car on a public road.
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Re: Unknown pcn from May last year. Text and call.
« Reply #24 on: »
You are talking nonsense I'm afraid.

Dismiss this if you wish, but on your own head be it.

Firstly, the enforcement agent is the council's agent. They take instructions from the council, not you, and won't amend procedure just for you.

Secondly, you are confusing two totally different but linked procedures.

PCN enforcement
You wrote: They have admitted in 2 phone calls they sent docuntation to an incorrect address as late as last November.  They are meant to check addresses after a first no response.

Wrong. The authority may only use the address supplied by DVLA in response to their one and only request: 'Pl provide RK details as at the date of contravention'. There's no iteration or second-guessing if notices are not responded to, they continue using this address up to the Order for Recovery and issuing of a warrant. At which point..

Enforcement of warrant
Different procedures kick-in. The agent is required to undertake checks to ensure that the Notice of Enforcement is sent to the correct address. But any failures here have nothing to do with the penalty which stands at circa £280.

But any beef you have with the agents must be taken up with the council first.

Back to the penalty.

You claimed that you notified DVLA approx. a month before the V5C was updated, therefore implying that you notified them of the change several weeks prior to the date of contravention.

Where is your proof?
« Last Edit: April 02, 2025, 02:11:09 pm by H C Andersen »
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Re: Unknown pcn from May last year. Text and call.
« Reply #25 on: »
So you are telling me, that of you move house, and you get a ticket, just around the time you move house and it's sent the wrong address because you actually dare to move house, then you need to pay hundreds of £s through no fault of your own. Before I bought this house 2 sellers withdrew from the sale just before exchange and it all fell through. My exchange and completion where the same day. That date changed a few times before it actually happened! So you cannot notify dvla very far in advance.
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Re: Unknown pcn from May last year. Text and call.
« Reply #26 on: »
I'm asking you to substantiate your claim as regards notifying DVLA.

And back to procedures. What happens when the scenario you posted occurs is that prudent people arrange for mail forwarding. But it's not compulsory.

And yes, the process grinds on to the NoE, the agent's duty, even perhaps a visit, whether by them clamping a car or visit to the house.

At which point owners have the right to follow the procedure numerous posters have set out for you. This is YOUR chance to explain why you did not receive the PCN and if the Traffic Enforcement Centre are convinced then the whole matter is reset, any monies paid are refunded and the owner makes their case to the authority from scratch.

But owners need to engage in the proper manner and not think they can circumvent procedure and vent their spleen against the agent, after all they didn't issue the PCN neither have they anything to do with the PCN enforcement process.

In your case you've neither told us when you vacated address A,  or when you notified DVLA or how(other than in vague terms) and without these key facts IMO you limit your chance of success. Of course it's possible that the V5C date on its own might suffice when set against the contravention date, particularly if the PCN was not served until after the V5C date.

But you seem so set on going your own way rather than supplying these simple facts that you risk all the nuisance and inconvenience which a visit from agents can bring.
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Re: Unknown pcn from May last year. Text and call.
« Reply #27 on: »
Quote from: Brosmith on April 02, 2025, 02:39:14 pm
So you are telling me, that of you move house, and you get a ticket, just around the time you move house and it's sent the wrong address because you actually dare to move house, then you need to pay hundreds of £s through no fault of your own. Before I bought this house 2 sellers withdrew from the sale just before exchange and it all fell through. My exchange and completion where the same day. That date changed a few times before it actually happened! So you cannot notify dvla very far in advance.

The out of time declaration is designed to protect people in your situation and if worded carefully should not be opposed by Hackney. We are just trying to establish the full facts to help you.

Paying the bailiff doesn't mean you lose the money - it will be refunded if your declaration is successful. We are trying to stop you being visited by the bailiff and having your car clamped.

If you want to pay a modest fee for help we recommend:
https://bailiffadviceonline.co.uk

And see:
https://bailiffadviceonline.co.uk/latest-news/traffic-enforcement-centre-faq
« Last Edit: April 02, 2025, 04:13:16 pm by stamfordman »
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Re: Unknown pcn from May last year. Text and call.
« Reply #28 on: »
We have another thread in similar circumstances running in parallel with this one, so yes it does happen and the out of time process provides a bit of a safety net.  But there is no guarantee that an out of time application will be accepted hence it's safer to pay upfront now before the bailiffs add further fees, just in case.

https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/enforcement-letter-without-correspondence/
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Re: Unknown pcn from May last year. Text and call.
« Reply #29 on: »
Quote from: Brosmith on April 02, 2025, 01:08:48 pm
I'm paying nothing.
They have admitted in 2 phone calls they sent docuntation to an incorrect address as late as last November.  They are meant to check addresses after a first no response.
What is an out of time.
Besides now they want £560.  They applied for a warrrent 4 hours after I spoke to them. I have registered to this call.  It is obviously I haven't a clue what they are talking about.
You've mentioned £560 several times. £280 would be correct for one PCN at the bailiff compliance stage (£130+£65+£10+£75). If the bailiff visits then they can add £235 for the enforcement stage. But only one lot of £235 no matter how many PCNs they're trying to enforce. So if they had visited, even at your old address, they might be demanding £515 but not £560.

£560 suggests that there maybe another PCN in play? Ring Hackney and see can you check.
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  3. Unknown pcn from May last year. Text and call.