Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: mengene on July 22, 2026, 11:03:51 pm
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+1.
It might not be what you wanted to hear, but the situation is of your own making: not updating a V5C (or putting in place mail forwarding with the Royal Mail) can have expensive consequences. The council are required to use DVLA data unless instructed otherwise by keeper.
Enforcement* Officers are governed by different legislation, hence why they found you after conducting their own enquiries, after all their livelihoods depend on their diligence.
But you are where you are. It's good that you paid because it gives you and us breathing space. The charge for a visit from an Enforcement Officer nearly doubles the total debt!
The council now says that because payment has been made, the case is closed and it cannot be reopened or refunded.
Is incorrect, it's a decision for TEC, hence why you need to provide facts. Pl do not contact the council.
*- why couldn't they think of different names/terms!
Enforcement authority - an arm of the council;
Enforcement Notice - a statutory notice for Bus Lane contraventions;
Enforcement Officer - used to be called, and still are by many, 'bailiffs';
Notice of Enforcement- issued by Enforcement Officer under Schedule 12 of the Tribunals, Courts and Enforcement Act 2007.
;)
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Sorry, but the rule of this forum is one Original Poster only. So please start your own thread which will be looked at as quickly as possible.
OK, you now have your own thread.
Taking points from your narrative...
You moved house on 17th May; when did you update thhe address on your V5C Registration Certificate ? On your V5C will be a date the document was last updated; what is that date ?
Failure to update a V5C is the most common reason we see for people with bailiffs at the door for a postal PCN.
It is not clear from your narrative whether you have submitted an Out-of-Time Statutory Declaration or not, please tell us.
The above is the only avenue now open to you to get the matter reverted to the original PCN. However, until we know when you updated your V5C, we can't tell you the likelihood of success. If it was months after your house move, then it is likely to fail, because the council will tell the Traffic Enforcement Centre that all the statutory documents were sent to the V5C address. You have a responsibility, as the V5C holder, to keep it up-to-date, so in law, the situation is of your own making, unless you can explain why, when the PCN was issued, your V5C address was not up-to-date.
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Hello everyone,
I would like to ask for your advice regarding a traffic penalty that was issued nearly three years ago but was never received by me at the time.
The alleged contravention took place on 14 June 2023, and the PCN was issued on 28 June 2023. I had moved home on 17 May 2023, before the PCN was issued. However, the council sent all the penalty notices and statutory correspondence to my previous address, which was still held on the DVLA system. As a result, I never received the original PCN, the Enforcement Notice, the Charge Certificate, or any other statutory documents. Therefore, I lost the opportunity to challenge the penalty or pay the discounted amount within the relevant time limit.
According to the council’s records, the case progressed as follows:
* Alleged contravention: 14 June 2023
* PCN issued: 28 June 2023
* Enforcement Notice: 4 August 2023
* Charge Certificate: 7 September 2023
* Order for Recovery: 22 September 2025
* Case referred to enforcement agents: 9 January 2026
I only became aware of this penalty nearly three years later when I received an enforcement notice from CDER Group. Before that, I had not received any penalty notice or statutory correspondence.
After becoming aware of the matter, I contacted the Royal Borough of Greenwich, CDER Group, and the Traffic Enforcement Centre (TEC) separately. CDER Group informed me that they could not place the enforcement action on hold until they were notified of my application by the TEC or instructed to do so by the council.
The TEC explained that, if I wished to challenge the case, I would need to submit a PE3 Statutory Declaration together with a PE2 Application to File a Statutory Declaration Out of Time, as the normal deadline had already passed. I was also warned that if I did not take action, enforcement agents could visit my address and additional costs could be added.
I explained to the council that I had moved before the PCN was issued and that all the notices had been sent to my previous address. I also stated that I have a tenancy agreement proving the date of my move. The council responded that the notices had been sent by first-class post to the address obtained from the DVLA and that none of the correspondence had been returned. It also stated that the appropriate legal remedy was to submit an Out of Time Statutory Declaration to the TEC.
However, CDER Group did not suspend enforcement action. Because I was warned that enforcement agents could visit my address and that further charges could be added, I felt under serious pressure. To avoid additional costs and further problems, I had no practical choice but to pay the amount demanded.
The council now says that because payment has been made, the case is closed and it cannot be reopened or refunded.
This situation still does not feel fair to me. I had moved before the PCN was issued, I did not receive any of the statutory notices, and I was unable to exercise my right to challenge the penalty. I eventually paid only because of the pressure of enforcement action and the threat of further costs. I also do not understand why a penalty dating from 2023 only reached the enforcement stage nearly three years later.
I have attached the penalty notices, enforcement correspondence, and payment warning emails that I received.
I would be very grateful for advice from anyone with professional knowledge or experience in this area regarding what steps I should take next. I would also appreciate any guidance on whether there may still be a way to recover the amount I paid.
Thank you in advance.
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