Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Aravind on August 04, 2026, 11:29:36 am
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So you used your old address in your reps and my confusion is due solely to the council's misleading references in their objection.
In which case IMO this weakens your case.
I could not see a judge finding in your favour, notwithstanding the confusion of TEC, because fundamentally this problem was of your making because you misunderstood the role of DVLA and the duties of the council and did not notify the latter that they should use your new address for correspondence once you'd moved, neither did you put in place mail forwarding which, while not mandatory, is prudent.
Others might have other views.
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Thank you for the detailed response.
To clarify — when I submitted representations in December 2025 I was still at my old address which is what I used. I submitted online and have the confirmation reference.
The sole reason I didn’t respond to the Order for Recovery is because it was sent to my old address but I had already moved. I updated DVLA the very next day after moving — I have official GOV.UK confirmation email proving this. The Order for Recovery was issued one month after I had already moved and updated DVLA.
So the only reason for missing the Order for Recovery was that it never reached me at my new address.
Based on this — is this strong enough as a single ground for N244? And does TEC’s confusion and incorrect refusal reason work in my favour with a District Judge?
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You OOT was dreadful, but that's water under the bridge.
I think you could succeed with a judge, but whether solely on the papers and not without a hearing or not..??
This c**k-up happened at the weakest point in the process i.e. the OfR.
The ONLY ISSUE as regards an OOT is why the OfR was not responded to. You muddied the waters talking about representations and the authority missed the plot completely because they have NOTHING to say as regards why you didn't respond to the OfR because any response doesn't go to the council*. TEC just seemed to be in confusion..probably rushed.
Had you focussed solely on why you didn't respond to the OfR in time, then a different outcome would have been likely.
bailiffadviceonline should be consulted as they have extensive experience with these matters.
So:
You did not notify the council;
You submitted a misleading and incomplete OOT because you failed to deal directly with why you did not respond in time to the OfR.
Would you actually succeed with an appeal to the adjudicator?(I put this in because on the 'private' PCN side and court procedures, whether a judgment would be set aside(which is the nearest equivalent I can think of) is affected by whether it's worth the court's time to do so if any ensuing substantive hearing would lead to the same outcome).
*- but they did acknowledge that your reps referred to a DIFFERENT address from the one they had(something you hadn't told us!!!), but they did not act upon this.
How did you make reps? By letter? If so, do you have a copy??
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Pls find the attached copy. Thanks
https://ibb.co/PZP6j013
https://ibb.co/qYDGCQCZ
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Newham's objection sent to TEC but copied to you (referred to by you earlier) pl.
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Hi thanks for your response, it was completely my mistake of not informing council though notifying dvla would be enough in this case. For the charge certificate, When i searched google, I’ve been told to wait for order of recovery to reset to initial pcn stage. But TEC’s rejection is colpletely contradicting says i failed to notify dvla which i notified the very next day and attached the new v5c logbook on email to tec application as well.Attaching the documents your advice would be highly appreciated. Thanks.
https://ibb.co/Jwk8GqNH
https://ibb.co/TqKLyrgL
https://ibb.co/rJq4rfK
https://ibb.co/RTpp3gdD
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+1..crossed in the post!
I'm sorry to say, but the error was yours.
You knew you were involved in these proceedings at your previous property. You then moved and did not notify the council, neither did you put in place effective mail forwarding arrangements. You misunderstood how the process worked and mistakenly thought that by changing your V5C would automatically be fed into the council's process.
The council was obliged by law to continue to use the address they obtained from DVLA on the date of the contravention. And they did.
That you didn't receive their subsequent correspondence is at your door.
The enforcement agents found you by other means as they may(probably went to DVLA), but this doesn't change the fundamentals. These statements from your post stand out:
7th March 2026 — I moved to current address.
8th April 2026 — Order for Recovery issued by Newham — one full month after I had already moved and updated DVLA. I never received this.
So, 1 month during which you should have notified the council of your change of address.
Pl post your exact submission to TEC and their actual response i.e. the documents and the council's response to TEC.
2 issues for me:
Was the court officer correct to reject your OOT for the reasons they gave*?
Would a judge allow you to add to your submission if this was defective as regards the key issues?
*- this includes whether Newham's submission was fair and correct.
I think considerations of fairness are important here and a judge has this latitude. But let's see the docs above pl.
I'm no expert on whether your fee would be refunded, but I suspect not.
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The problem as I see it is that you knew there was a PCN in play but didn't do mail forwarding or monitoring of old address so you missed the order for recovery, which would have given you an automatic reset. In fact you did have the charge certificate so didn't need the physical OfR, just a regular call with TEC and/or monitoring of Newham's site for when debt was registered. Instead it slipped by and you ended up out of time.
By the way, London bus lanes have a two-stage council process - PCN and enforcement notice, like a windscreen parking PCN. So two documents are issued.
We need to see the relevant materials for whether it's worth taking this further.
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Full Timeline:
• 26th November 2025 — Received bus lane PCN (PN77587443) from London Borough of Newham for vehicle SK10NFJ at Browning Road E12. £80 if paid within 14 days, £160 after.
• 8th December 2025 — Submitted formal representations online. Received confirmation of receipt with reference W45639007479002.
• 2nd January 2026 — Newham claim they sent Notice of Rejection by first class post to my old address (26 Broad Street, Sheerness ME12 1PY). I never received this despite being at that address at the time.
• 9th February 2026 — Charge Certificate issued (£240) sent to old address. I received this.
• 7th March 2026 — I moved to current address: Flat 8, 74 London Road, Maidstone, ME16 0DT.
• 8th March 2026 — Updated V5C logbook with DVLA online the very next day. Have official GOV.UK confirmation email with transaction ID proving this.
• 9th March 2026 — Updated driving licence address separately. Have confirmation email proving this.
• 8th April 2026 — Order for Recovery issued by Newham — one full month after I had already moved and updated DVLA. I never received this.
• 20th May 2026 — Case passed to OneSource Enforcement. £329 demanded.
• 4th June 2026 — Filed PE2 and PE3 Statutory Declaration Out of Time at Maidstone County Court. Submitted to TEC with tenancy agreement, new V5C logbook, and all supporting evidence.
• 30th June 2026 — Received Newham’s opposition letter. Their argument was that the Notice of Rejection was sent 2nd January while I was still at old address, therefore I should have received it. They also stated Royal Mail did not return letters so assumed receipt.
• 23rd July 2026 — TEC refused my application. Their stated reason: “Upon changing address, the applicant hasn’t provided explanation or evidence as to why they failed to notify DVLA of their change of address for amendment of the V5 log book.”
• 27th July 2026 — I sent TEC an email pointing out their factual error, attaching official GOV.UK DVLA confirmation dated 8th March proving I updated my address the very next day after moving.
Key Points:
1. TEC’s refusal reason is factually incorrect — I have official GOV.UK confirmation proving I updated DVLA on 8th March, one month before the Order for Recovery was even issued
2. TEC’s refusal reason is completely different from Newham’s own argument — suggesting the court officer made an independent error not based on the evidence before them
3. I never received the Notice of Rejection despite being at the old address — Newham sent by first class post only with no proof of actual delivery or receipt
4. The Order for Recovery was issued 8th April — one month after I had already moved and updated both V5C and driving licence. This document legally could not have reached me.
5. I was actively engaged throughout — confirmed representation reference W45639007479002 proves I was not ignoring the process
Evidence I hold:
• Official GOV.UK DVLA V5C confirmation email dated 8th March 2026
• Driving licence update confirmation dated 9th March 2026
• Tenancy agreement showing move date 7th March 2026
• New V5C logbook showing Maidstone address
• Confirmation email of formal representation ref W45639007479002
• Newham’s opposition letter dated 30th June 2026
• TEC refusal order dated 23rd July 2026
• Notice of Enforcement from OneSource dated 29th May 2026
My Questions:
1. Based on this evidence, how strong is my N244 application in front of a District Judge?
2. TEC’s refusal reason directly contradicts official government evidence I hold — does this significantly strengthen my N244?
3. The fact that TEC used a completely different reason to Newham’s own argument — is this relevant and can it be raised in N244?
4. Even if the judge considers Newham’s argument about the Notice of Rejection — the Order for Recovery was sent after I had already moved and updated DVLA. Is this sufficient grounds on its own?
5. Is there any free or low cost legal route available to me given TEC made a clear factual error?
6. If I proceed with N244 and win, is there any possibility of recovering the £126 fee given TEC’s error?
My deadline is 6th August 2026. Is it worth fighting for shall i give up and pay 329£ to the enforcement agency
I would be grateful for your urgent advice.