Free Traffic Legal Advice

Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: gebasz01 on August 02, 2024, 10:46:42 pm

Title: Re: Birmingham, 34J being in a bus lane, Sheepcote Street, Arena Birmingham South Car Park, bailiff
Post by: Incandescent on August 03, 2024, 07:07:17 pm

Quote from: gebasz01 on August 03, 2024, 02:55:05 pm

Okay, thank you, I'll just pay it then.

Just to note that submission of an OOT WS costs nothing apart from a solicitor fee to witness the statement. Only when the OOT WS is rejected would you have to pay for a review of the decision.

Title: Re: Birmingham, 34J being in a bus lane, Sheepcote Street, Arena Birmingham South Car Park, bailiff
Post by: gebasz01 on August 03, 2024, 02:55:05 pm

Okay, thank you, I'll just pay it then.

Title: Re: Birmingham, 34J being in a bus lane, Sheepcote Street, Arena Birmingham South Car Park, bailiff
Post by: Incandescent on August 03, 2024, 12:40:47 am

The basic fact is that by not updating your V5, the situation is entirely of your own making, sorry to have to say it. So in view of the amount being demanded, my recommendation is that you pay-up before the bailiffs visit and add on a visit charge. Paying the bailiffs is entirely separate from the process described below and has no influence on it.

There is a process to revert the matter back to the PCN stage, which is to submit an Out-of-Time Witness Statement to the Traffic Enforcement Centre, (the "court"), that you didn't receive the enforcement documents. The only problem is that being OOT, the council will be advised of this, and can object to the WS being granted. TEC will then refuse your OOT WS. You can ask for a county court judge review, but this costs over £100 for a papers based review, and around £270 for an interview with the judge "in chambers". If the juge confirms the refusal decision, the fee is not recoverable.

We see quite a few cases like yours on his forum, and the truth is the outcome is rarely favourable, because most people have just forgotten to update the V5. When did you move address, and when did you finally update your V5.

Title: Birmingham, 34J being in a bus lane, Sheepcote Street, Arena Birmingham South Car Park, bailiff
Post by: gebasz01 on August 02, 2024, 10:46:42 pm

Hello

I'm seeking advice here what to do about a Notice of enforcement from Cder Group on behalf Birmingham City Council that I received today.
https://imgur.com/a/kIKJPqc

This has happened last May but I did not receive any notice up until today because I didn't update my address with DVLA after moving house. (I know I should've done it)

It happened at Arena Birmingham South Car Park, I might have turned left to the bus lane after leaving the car park. I don't remember as it happened a long time ago so I have to take the Council's word for it.
Here is the location: https://maps.app.goo.gl/SJy2wiU6U31XKCwJ6

Any advice is greatly appreciated

Thank you