Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Monika on September 25, 2024, 08:26:03 pm
-
Thank you very much.
-
OP, clearly you are struggling so I hope my contribution will help.
Where one needs to submit a Statutory Declaration (Form PE3), to the TEC that is Out-of-Time, i.e is beyond the time period allowed after the council serve an Order for Recovery, it has to be accompanied by another form that essentially asks the court's permission to submit the SD (the Form PE3), out-of-time. This is Form PE2
So, in Form PE2, in the box section headed: -
"My reasons for filing the Statutory Declaration outside the given time are as follows:
(Do not give your reasons for appeal against the original penalty charge on this form)."
you enter what you have written about being unable to update your V5C shortly after moving address.
I have slightly altered your text
"I changed my address on 28th October 2023 but at the time, experienced issues with updating my V5C document, due to what seems to have been a DVLA system error. The result was that I was unable to update the address on both my driving license and the V5 Registration Certificate for my car. At the time, I contacted the DVLA regarding this issue and attempted to resolve it, but the V5 update did not occur as expected. I only became aware of this in February 2024, at which point I promptly updated my V5 with the correct address details. As a result of this, I did not receive the penalty notices or any of the council documents sent subsequently.
Please note that on both forms, the Applicant is the council, you are the Respondent
-
Dear Sir/Madam,
I am writing to formally request a review of statutory charges related to the above-reference.
I would like to provide context to explain why I was unaware of the penalty notices and court proceedings.
Given these circumstances, I kindly request that you review my case and reconsider the statutory penalties, or at least provide guidance on how to resolve this matter.
Thank you for your understanding and for taking the time to review this request.
All of the above words are just pointless waffle.
As I've already said, there is no Dear Sir/Madam and the simple fact that you are submitting the forms explains what you want them to do.
You still haven't confirmed your understanding of reply #12, explaining the need for two, significantly different, forms.
Since you seem secure with the bailiff at the moment I really hope you don't try to submit the forms tomorrow. Wait until you better understand the process.
-
https://imgur.com/a/H7je63t
Hello,
I really appreciate your time and help, its been a crazy week.
I updated screenshot of bailiff message.
Also regarding the response to court
Dear Sir/Madam,
I am writing to formally request a review of statutory charges related to the above-reference.
I would like to provide context to explain why I was unaware of the penalty notices and court proceedings.
I changed my address on 28th October 2023 but experienced issues with updating my V5C document. Due to a system error, I was unable to update my driving license and related documents. I had discussions with the DVLA regarding this issue and attempted to resolve it, but the V5 update did not occur as expected. I only became aware of this in February 2024, at which point I promptly updated my V5 with the correct address details.
As a result of that, I did not receive the penalty notices or any court papers related to penalty charges.
I have attached supporting documentation, including my address change confirmation and proof of V5 update, to substantiate my claim. Given these circumstances, I kindly request that you review my case and reconsider the statutory penalties, or at least provide guidance on how to resolve this matter.
Thank you for your understanding and for taking the time to review this request.
-
Hello,
I know that the template is not the best as I never did this before.
So just simply few sentences? Explaining that my adress was changed only in Feb? Thats all?
No, not just a few sentences. Full details of your move and when, with full evidence attached.
Most importantly, a clear statement of when you updated your V5C for the vehicle concrned, again with evidence if you have any.
You still haven't acknowledged the need for two forms and what goes on what?
I know it's difficult to understand but you don't seem to be getting it and I have very limited time to help.
You haven't responded to my questions about the supposed 'agreement' you have made with the bailiff?
-
Hello,
I know that the template is not the best as I never did this before.
So just simply few sentences? Explaining that my adress was changed only in Feb? Thats all?
-
This is a template( i am very new to this)
A template of what? I explained back in reply #12 that there are two, significantly different forms to submit.
Dear Sir/Madam, X. You are making an application to a court. They just want to know what you have to say.
I am writing to formally apologise for the delay in addressing the statutory charges related to the above-referenced Penalty Charge Notice (PCN). Unfortunately, I did not receive the original PCN or any court papers, as my address changed . This situation arose due to an administrative oversight where my driving license was updated with my new address, but it failed to update my V5C vehicle registration document.
X. You start off with an apology and describe how you are at fault????
To provide additional context, I sold the vehicle in question in June 2024 and I was unaware of any outstanding charges associated with it. Had I received the original documentation in a timely manner, I would have responded appropriately to avoid further escalation.
X. All irrelevant. The contravention was in January.
And the rest is just waffle and nonsense. >
I sincerely regret this oversight and am eager to resolve the matter. I would appreciate it if you could provide details of any outstanding charges or instructions on how to proceed. If possible, I kindly request that any penalties or surcharges be reconsidered, given the circumstances explained above.
Please do not hesitate to contact me at [insert phone number] or [insert email address] if further information or documentation is required.
Thank you for your understanding and consideration of this matter. I look forward to your response.
They don't want or need to hear all this. They need to know that your address changed, when and from where to where (in full, with evidence attached.) You haven't mentioned any of this???
They don't need to know about your failures; they need to hear when you DID update the V5C.
Ill see if I can think of anything else tomorrow.
-
Hello,
Booked a signature appointment this Friday at my local court. Now I understand why you said I need to pay for enforcement. I called them as I thought if there is a process going for late statutory charges I thought that they will put everything on hold but i wad told that no matter what they will keep chasing. Payment plan in place, already paid £75, next payment next month, hopefully to hear back from enforcement by then.
What have you got in writing from the bailiff about this 'agreement'?
I'm not convinced that this will avoid the additional £235 fee.
Paying in instalments just confuses everything and has no object.
You either pay the remainder of the £354 and then if you are successful you get it all back.
That also means that you don't have to rush your application, so as far as I am concerned you are not ready for Friday.
-
NO. In so many ways.
I'll try and look tomorrow.
-
Hello,
Booked a signature appointment this Friday at my local court. Now I understand why you said I need to pay for enforcement. I called them as I thought if there is a process going for late statutory charges I thought that they will put everything on hold but i wad told that no matter what they will keep chasing. Payment plan in place, already paid £75, next payment next month, hopefully to hear back from enforcement by then.
This is a template( i am very new to this) as i never had this in the past, If I would knew that there is a penalty I would have paid.
Could you please let me know your thoughts?
Dear Sir/Madam,
I am writing to formally apologise for the delay in addressing the statutory charges related to the above-referenced Penalty Charge Notice (PCN). Unfortunately, I did not receive the original PCN or any court papers, as my address changed . This situation arose due to an administrative oversight where my driving license was updated with my new address, but it failed to update my V5C vehicle registration document.
To provide additional context, I sold the vehicle in question in June 2024 and I was unaware of any outstanding charges associated with it. Had I received the original documentation in a timely manner, I would have responded appropriately to avoid further escalation.
I sincerely regret this oversight and am eager to resolve the matter. I would appreciate it if you could provide details of any outstanding charges or instructions on how to proceed. If possible, I kindly request that any penalties or surcharges be reconsidered, given the circumstances explained above.
Please do not hesitate to contact me at [insert phone number] or [insert email address] if further information or documentation is required.
Thank you for your understanding and consideration of this matter. I look forward to your response.
-
Hello,
I will do the forms later today, but you are saying i neee to pay, if i will pay I don’t see any point filling those forms anymore then?
No.
Any payment you make to the bailiff will be refunded if your application is successful.
I'm only suggesting paying to avoid you incurring a further bailiff fee of £235.
Again, I strongly advise you to show us your draft of what you intend to write.
You are running out of time because you will need to get the forms sworn/witnessed yet, when they are ready.
-
Hello,
I will do the forms later today, but you are saying i neee to pay, if i will pay I don’t see any point filling those forms anymore then?
It's up to you whether to submit them or not. Your case is like so many we see on this forum where the V5 was not updated when the person moved address. Submission of these forms is the only way you can get the process reverted to the PCN stage, and paying the bailiffs has no effect or influence on whether the submission is accepted, but you need to be aware that because it is out-of-time, the council can object to it.
You ask if there is any point in submitting them. Well, if you don't, you have no chance whatever of recovering the money paid to the bailiffs, but on the other hand, not updating your V5 when you moved address will count against you.
-
Hello,
I will do the forms later today, but you are saying i neee to pay, if i will pay I don’t see any point filling those forms anymore then?
-
Don't attempt to complete the forms until we explain what they are.
Then you will better understand what you need to write.
OK. The first form PE3 is straightforward.
You just tick the appropriate box, 'PCN not received.
In the 'reasons' box you can just write 'due to a change of address' or similar.
That is the Statutory Declaration but it is now too late to send it alone >>
You must also complete PE2 which is a request to file the PE3 late.
On this one you must clearly explain why it is late and back this up with whatever evidence you have. i.e. your move and the relevant dates and updating the V5C, with all detail.
I strongly suggest you post your draft here for review before you send it. It is very important to get it right because you application to TEC could be opposed by TfL and then it will be refused.
You will need to get the forms sworn/witnessed, as they explain.
Then we will give you the e-mail address to send them to.
As I explained in the Facebook group, you should pay the current amount demanded to avoid further fees.
Ask any questions you need to.
-
Don't attempt to complete the forms until we explain what they are.
Then you will better understand what you need to write.
Busy at the mo so, unless someone else helps, we will look at this over the weekend.
-
https://imgur.com/a/Axtt6Nc
-
https://imgur.com/a/JNTwTlJ
I can see a PE3 form but you should also have PE2 which is the very important one.
And why does the title indicate '6' ?
I'll explain more later tonight if I can.
-
https://imgur.com/a/JNTwTlJ
-
Ulez enforcement sent me
Statutory Declaration form to fill out which needs to be witnessed by county court or solicitor.
Monika, this is the difference between the Facebook group and this forum. We need precise answers.
I asked you what form you had been sent exactly? It has a number on it.
-
This is a link with enforcement letter
https://imgur.com/a/cmbkyWW
I have moved out to new address end of October last year. It spoke with dvla asking to change my address and driving license. Driving license was changed straight away and v5 was not updated. Then in February I started worried about road tax as I didn’t received a letter ( they used to send letters in the post every 6 months) called dvla and then i was told that driving licence was changed but not v5, it will probably be treated as my fault which I am happy to accept. I always paid for ulez never missed any payment, only in January it appeared that payment received only on 23rd. I even changed my vehicle to electric one due to those ulez charges.
-
you need to use an external host as pointed out in the "Read this first before posting"
a link to which was posted by #Incandescent yesterday.
-
Unfortunately I am not able to upload photo as the system says folder is too full .
I did paid ulez charge on 23rd of January, it was too late apparently. Ulez enforcement sent me
Statutory Declaration form to fill out which needs to be witnessed by county court or solicitor.
-
and what form have TfL sent you?
-
even they receive response that the person doesn’t live at the address anymore.
Can you explain this a bit more please. Who responded and to what and when?
-
Read this and 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/
We can't give advice without sight of the documents you have.
Ulez charge was paid on the 23rd of Janurary as per speaking with TFL payment got delayed for unknown reason.
How was the ULEZ payment made ? What acknowledgment did you get of payment received ?
- ulez contravention wich was on the 18.01.24
- Registered keeper changed their address on the 15th of Feb 2024
TfL would have obtained name and address from DVLA a few days after the contravention date, and would have sent out a PCN to that address. All the other statutory nforcement documents are then sent to that address. They cannot alter this unless the PCN addressee informs them of a new address.
When did the registered keeper actually move to a new address ?
-
Hello,
Just wondering is someone could help . Received enforcement letter in the post today about ulez contravention wich was on the 18.01.24 Ulez charge was paid on the 23rd of Janurary as per speaking with TFL payment got delayed for unknown reason. Registered keeper changed their address on the 15th of Feb 2024, also car wad sold on the 18.06.24. No letters to the new address. After checking on tfl website you can see that several letters back in summer was sent to old address, but how? Do they keep sending those penalties to old address even they receive response that the person doesn’t live at the address anymore.
Is there any way to appeal it? Tfl enforcement sent me a form to fill out which requires court or solicitor signature
Thank you 🙏
Unable to post photo for some website error?