Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: tryingtosortitout on October 22, 2024, 01:27:42 am
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Yes, I too am puzzled as to how what has been suggested gets the debt extinguished, but no doubt we will be told "in due course!
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You do not need to file a Statutory Declaration, as that would only trigger a new warrant for your current address. There’s also no need to hire third-party services for this.
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Dodging the warrant doesn't address the underlying issue of debt. IMO, there is no rule of law which relieves a debtor from enforcement solely because they committed an unlawful act in not keeping their DVLA data current. This would be akin to rewarding law breaking.
There will be other views no doubt.
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If the Penalty Charge Notices (PCNs) went to your old address, the warrant is defective due to the incorrect address. Bailiffs cannot legally pursue action at your current address or demand payment.
You do not need to file a Statutory Declaration, as that would only trigger a new warrant for your current address. There’s also no need to hire third-party services for this.
If you can show the 'debt collection' letters, you may be eligible for a refund of any money taken under enforcement threats.
Gather all PCN numbers (two letters and eight digits), then call the Traffic Enforcement Centre (TEC) at 0300 123 1059. During the security check, provide your previous postcode; if accepted, it confirms the warrant’s defectiveness. Repeat for each PCN.
Report back once complete for further guidance.
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And please at least tell us where you are talking about.
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As said make a list - it's possible one or more and in time not out of time.
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How many PCNs are there? Better yet please post up a list of all the PCNs. And tell us the status, so PCN number, Notice of Enforcment received or not, amount demanded and whether paid or not, date of NoE.
I also suggest you seek help from Bailiff Advice Online here (https://bailiffadviceonline.co.uk).
In theory you can submit Witness Statements / Statutory Declarations with an Out of Time application for each. However the Council will likley object and the court officer won;t have any sympathy for your failure to update the RK details with the DVLA.
What's the reg of the car?
Please have a look at the READ THIS FIRST - **BEFORE POSTING YOUR CASE!** (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/) sticky post at the top of this forum for instruactions on how to post documents.
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Hi,
My question relates to Penalty Charge Notices (PCNs) issued to me by my local authority. I made two very stupid mistakes and am I now paying the price for these.
Firstly, when I moved to my current property/new part of the country about 2 years ago, I forgot to update my vehicle registration address with the DVLA and did not realise this until a few months ago. A ridiculously stupid mistake, given that I’m not normally a very organised individual. It was just one of those things that happened when I moved to a new city/busy job/house.
Secondly, I was unaware that a journey that I made several times in my current (new) local area involved driving on a road that had restrictions on it in the morning (a ‘Clean Schools Street’). Again, a really stupid mistake to have made. I think I relied too much on Google Maps/Waze and didn’t pay enough attention to street signs. On looking at Google maps street view now, it is obvious that the signage is clear and unobstructed and therefore it is entirely my fault that I did not notice it.
I am not looking for pity and I am certainly not trying to divert blame for my own failings. I accept that it was my responsibility to update my DVLA address in a timely manner and it was also my responsibility to be aware of street signs rather than rely on Google maps/GPS.
The issue is that because the PCNs were issued over a half a year ago and presumably sent to my old address (because my vehicle was still registered at my old address), I did not receive any of them. I received some debt collection letters recently for unpaid PCNs and I have paid these off to prevent the bailiffs from knocking on the door. This all prompted me to realise that I had not updated my DVLA address. I did of course update the address the moment I realised.
I spoke with someone at the council who gave me a list of outstanding/overdue PCNs dating back to the beginning of this year and apart from the ‘sent to debt collection agency’ ones (which I have now paid), the rest of them state:
“The Penalty Charge Notice has been registered with Northampton County Court as full payment has not been received. It is too late at this stage to make representations. Your options are either file a Statutory Declaration / Witness Statement if any of the grounds are applicable or pay the amount due as stated on the Order for Recovery of Unpaid Penalty Charge within 21 days.”
At this late stage, am I technically able to submit an Out Of Time Statutory Declaration to the Traffic Enforcement Centre? And given that this situation is the result of two mistakes entirely of my doing, would submitting Statutory Declarations be futile, or is there a possibility that the amount I owe would be reduced given that I never received the PCNs in the first place (albeit because it was my own fault for not updating my address)?
Or should I just accept that I need to pay the full amount?
The final issue is that I have never received any correspondence from the Court; this must have all gone to my previous address as well. If filing Statutory Declarations is likely to be futile, how do I now pay for all of these charges? When I type the individual PCN numbers into the council website, there is an option to pay, but if they have gone to the Court already, should I be paying on the council website or via another means (directly with the court)? And how would I do this if I have never received any correspondence (eg case numbers) from the Court? I have found an email address for the Court and I intend to email them a summary of what has happened, with my old address and new address, in the hope that they will send me some sort of correspondence to my new address.
Is there anything else you would do at this stage (apart from cry in despair).
Thanks for your help.