Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Thefury2000 on August 01, 2023, 01:38:45 pm
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When did you move, when did you update the V5C, and when did you drive in the zone?
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Well, sorry to have to say it, but you may well have to pay the £499. We often see cases like yours on this forum where the keeper failed to update his V5 for the vehicle. Most cases end badly. Those that do succeed are where the move of address coincides with a PCN, not where the V5 is never updated, as seems to be your case. Other unusual circumstances may also get an OOT SD accepted. However so far nothing in your narrative suggests anything unusual.
English civil law is very harsh, taking no consideration of ability to pay the debt; its a debt, so it must be paid. It may, however, be possible to agree a payment plan with the bailiffs.
The alternative is to submit an Out-of-Time Statutory Declaration to the Traffic Enforcement Centre, (TEC), that you never received the original PCN. Unfortunately, you also must submit an explanation of why, in your opinion, the PCN was never received. In addition, the council can object to your OOT SD, on the basis that they sent everything to the address as per the V5, but received no reply. TEC will then reject your OOT. Up to now it is all free except for a solicitor to witness the OOT SD, (or free at the local county court). After a rejection you can ask a county court judge to review the case, about £110 for a papers-based review, and £455 for an interview with the judge. These sums are not normally recoverable.
Incidentally the sale of your car is irrelevant; the bailiffs are chasing a debt, not a car.
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About a year or so ago I drove into Birmingham city centre. The clean zone.
I forgot to pay the £8 and after about 1 month, when I remembered, I went online to pay it and it wouldn’t allow (I think for time constraints?)
I never received a reminder in the post so forgot about it.
Fast forward to today and I get a text message from Equita Ltd and it’s due to me owing £499 😂😂
My assumption is it’s this as it references Birmingham council.
Racking my brain why I was never alerted to this and I think my old car docs weren’t updated to the address I moved to. (DVLA and driving licence was by evidently not the reg keeper)
I’ve also since got rid of that car 7 months ago.
So obviously never got any letters as they went to old address. (Admittedly due to my error in not updating car details)
Anyway, can someone advise on best action here? Ignore? or reply and evidence house move and why I haven’t received letters?)
I don’t mind paying the £8 and a late charge but obviously £499 is silly.
I haven’t called the equita company so the only details they have for me is my mobile number it seems.
Thanks on advance!