Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Elf1984 on August 25, 2024, 10:07:10 am
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Presumably you moved and later updated the V5C which is why you didn't get the notices as they were sent to old address. Or maybe some other issue with ownership.
Contravention date: 15 December 2023
Date of last V5C issued: 11 March 2024
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Who did you pay? Cabridgeshire CC or Bristow & Sutor and was the payment for £114 or £189?
And to answer your original question the PCN will not be registered on your credit history and won't affect your mortgage application.
The V5c was last updated on 11th March 2024. The alleged contravetion occurred on 15th Dec 2023.
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The warrant was sealed (issued) on 23rd May 2024 however the Notice of Enforcement is dated 12th Aug 2024.
Normally the bailiff would send the NoE within a couple of days of the warrant being sealed. You've got a gap of nearly three months which is not credible.
My concusion is that your V5c address was out of date or otherwise incorrect on the 15th Dec 2023. All of the Notices were sent to the out of date / incorrect address including an NoE shortly after the 23rd of May. Ultimately the B&S bailiff was unable to enforce at the address they were given by Cambrideshire CC so they traced you to your current address.
The Council then applied to have their warrant re-sealed with your new address and then B&S sent a new NoE.
So was your name & address correct on the 15th Dec 2023?
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Thanks for replies so far. I've updated the original post with the image link now, thanks for your patience.
V5 address is fine, matches my home address. I've paid the fine online to limit any further impact whilst I hopefully fight against the unfair communication process. Since managed to find out on the website it was for driving in a bus lane in Dec last year. Advice of further action to complain/recover monies due to not receiving any council communication would be enormously helpful. Thanks in advance.
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I see Incandescent has beaten me to this, I've therefore edited my draft.
You upload externally and post links here.
Any Notice of Enforcement would include a creditor council and a reference number. The latter would normally be the PCN number. As you know the veh reg number, I suggest you get online to the council's PCN website and check your details. Alternatively, post the ref. number, council and your VRM here.
IMO, paying at this stage is recommended because it caps financial liability without hindering in any way your ability to engage with the 'Out of Time' procedure. If the notice is a Notice of Enforcement when was the 'pay no later than' date?
At present I don't want to get engaged with why you haven't received any of the reams of correspondence which would have been sent to the registered keeper because it's secondary to getting facts on show. Not receiving notices from a council is not unique.
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First read this an update your post accordingly: -
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/
Most common reason for getting no enforcement documents in the mail is the address on your V5 Registration Certificate for the your car is wrong or out-of-date, so I suggest you check it now. You have missed receipt of the following documents, (assuming this is a moving traffic offence, not parking)
- Penalty Charge Notice (PCN)
- Charge Certificate (CC)
- Order for Recovery (OfR)
All of the above are sent to the name and address on the V5
If it was for a parking contravention, then you have also missed the Notice to Owner, again sent to the address on the V5.
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UPDATED WITH IMAGE LINK
https://imgur.com/a/by3VoJF
I got home from a week's holiday on 24th August to an enforcement process commenced letter. This is the first communication I've had. I received no PCN or other reminders or notices. I've absolutely no idea what it's in reference to. I'm about to remortgage and terrified this will mess up my house move. Is it easier to pay up and then challenge after to limit damage?
Upload folder is full so cannot post images. Will keep trying to find a way to do this. Enforcement notice lists debt, compliance stage fee and total amount. Gives instructions to pay by a date that has since passed as I was on holiday.