Free Traffic Legal Advice

I will certainly help if and when it is reset. NeilB is the expert at this end of the game, however. And other stages, of course.

I updated my V5C on 14 July.

But the DVLA says >> Date of last V5C (logbook) issued   24 November 2024

Can you explain please.

Quote from: mos1991 on November 27, 2024, 11:53:46 am

Quote from: Neil B on November 26, 2024, 10:19:21 pm

Patience. You are not in immediate danger.

It is likely that we will advise you to pay the enforcement notice to prevent incurring further charges.

This will not preclude you from talking action to get the matter reset and you seem to have good reason to be hopeful of that.

Thanks. With regards to paying the enforcement notice, what happens if I pay and then the PCN is reset? Would I be able to recover any of the monies I've paid to Newlyn?

Sorry, I was a bit brief as limited time for me last night.
Incandescent has answered you and any refund will come from the council if your application to the court is successful.
The reason we advise paying the enforcement notice amount is to avoid incurring the additional fee of £235 stated on the notice as a warning,

So what application do you need to make?
It's an Out of Time Statutory Declaration and you'll see members refer to this as an OOT.

For now, download forms PE3 and PE2 which you can find on the TEC or GOV websites.
DO NOT attempt to complete them before you fully understand what they are and the difference between them.
It is very important to get them right and include the detail they require.

So have a look, tell us what you think and ask any questions you have.

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I note that Hippocrates has taken an interest and he has had some success for the location concerned and might help you if we can get you a new pcn.

Thanks all for the help so far and sorry for the sudden lack of replies. Had some work and personal issues that took over. I have now paid the enforcement fee as per the previous advice and I'm looking to fill out the PE3 and PE2 forms, although would appreicate some guidance on what specific information they are after for each form. My current understanding is that on the PE3 form I should provide a clarification as to why I did not receive the form (i.e. I did not live at the address it was sent to) and on the PE2 form I need to give a more detailled explanation of the timeline (i.e. when I informed the DVLA that I moved and that despite this, subsequent correspondence was still sent to my old addres)?

To answer another question as to why the DVLA's details say the most recent logbook was issued in November, I have actually moved home twice last year. I was initially living with family for a temporary period shortly after the alleged traffic infraction took place and moved into permannent accomodation in November.

The really key document is the OOT request, (the PE2), because on that form you must explain why you are asking to submit OOT. If this is because you totally forgot to update your V5 Registration Certificate when you changed address, then TEC are likely to reject your application. You need good solid reasons for submitting OOT because the council can object to it (they can't object to an in-time declaration). If they object them TEC are also likely to reject your application.

So please tell us more about the address issue. Date of move, and date of V5 update after your move.

Thanks. To clarify on the dates. I moved out of the property on the 19th June, a few days before the contravention took place. The initial PCN was apparently sent to this address on 5th July. I notified the DVLA of the change of address on 14 July (admittedly after the initial PCN was likely issued.)

Despite this, I didn't receive any of the follow up correspondence to the correct address, once my change of address was logged with the DVLA. According to the council, I was issued a charge certificate on 13 August and a third notice (order of recovery) on September 13, but these were both issued to the old address, despite the change of details.

Would I essentially need to set the details mentioned above out in the PE2/OOT form?

The council only obtain the V5 address once, in fact I think the legal position is that they can only request it once for a single vehicle reg. However, I think you might be close enough to your move date with your V5 update, to submit at least a reasonable Out-of-Time Statutory Declaration. Any reason for the tardiness in updating your V5 at all ?

I can probably locate some documentation to provide evidence of my tenancy ending on 19 June. In terms of where I was living during that period. I stayed with my partner for a few days (from 20 June to 25 June). I then attended the Glastonbury festival as a volunteer from 25 June (the infraction actually occured whilst picking up a friend to drive to the festival) to 1 July and then once I returned on 1 July, I lived with relatives for a period of a few months, whilst I waited to complete on a house purchase.

I think the most useful bit of context, is that in the week following the date of the incident, I was away at a festival in which I a) did not have access to the documents and b) had limited access to my emails. I also was initially unsure of how long I would be staying with relatives, but once it became slightly clearer that the completion on my property sale could go on for a few months, I made the decision to re-register at my relative, if only for a temporary period.