Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: ST RESUR on November 15, 2024, 11:50:49 am
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So PE3 and PE2 are required and you need to understand what the forms are and need.
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It took me some time to find because it's hidden in the NoE which is given in one of the OP's links. It's moving traffic.m
So, "moving traffic" PCN, and Lewisham tells me it is a London-specific Act, presumably the LLA & TFL Act 2003, therefore a Statutory Declaration is required.
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It took me some time to find because it's hidden in the NoE which is given in one of the OP's links. It's moving traffic.m
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Hang on, we don't yet know what legislation the original PCN was issued under. Depending on this, you need to submit either a Witness Statement or a Statutory Declaration, each to be accompanied by the relevant form to request an OOT submission.
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Hi all
Once again thank you for your replies. Can I just confirm that it is a Form PE3 unpaid penalty charge ? As before a PE2 was mentioned.
Thanks
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Hi
Many thanks for all the advice. I have paid Newlyn the full amount requested. I would now like to take the advice and issue an Out of Time Statutory Declaration. Ive noticed on the form there is not alot of room to add in the reasons, is this acceptable on a separate sheet, or should I just try and squeeze it in. I see that I have to get it witnessed at a Solicitor, and the fee is £5.00.? Also is there a time limit on this as I am not back in UK until end of November, and I take it you just post the form?, lastly it is a PE3 moving traffic and any tips on how to set in out in the reasons?
Thank you again
You should never try to squeeze the detail into that tiny space.
Put the whole thing on a separate typed sheet and refer to it as 'attached'.
Head the separate sheet appropriately. including pcn number.i.e 'attachment to form PE2'
Where your statement refers to addresses then write them out in full and attach relevant evidence, i.e. of leaving and starting.
RUN YOUR DRAFT PAST US BEFORE SWEARING/WITNESSING.
And no, you don't post it. E-mail to tec@justice.gov.uk.
Put 'Out of Time Statutory Declaration' in the subject field.
You will get a auto email acknowledgement within a few minutes.
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The declaration is free at a county court.
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Hi
Many thanks for all the advice. I have paid Newlyn the full amount requested. I would now like to take the advice and issue an Out of Time Statutory Declaration. Ive noticed on the form there is not alot of room to add in the reasons, is this acceptable on a separate sheet, or should I just try and squeeze it in. I see that I have to get it witnessed at a Solicitor, and the fee is £5.00.? Also is there a time limit on this as I am not back in UK until end of November, and I take it you just post the form?, lastly it is a PE3 moving traffic and any tips on how to set in out in the reasons?
Thank you again
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Newlyn are bailiffs.
The new legislation of 2014 changed the description to "enforcement agents" who have to be certificated, and deposit a bond for £10k the whole time they remain active as agents. Newlyn will employ these "EAs", and no doubt finance their bonds. They call themselves an "enforcement agent company".
Here's some light evening reading for the OP !
https://www.legislation.gov.uk/uksi/2014/1/signature
and
https://www.legislation.gov.uk/uksi/2014/1/signature
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So:
The registered keeper is the company and this is stated on the V5C;
Nothing is addressed to you or anyone else by name;
The contravention is moving traffic?
+1 to previous posts.
IMO, your priorities are:
To pay the bailiffs;
Accept that you must engage with prescribed procedure; (https://www.londontribunals.gov.uk/eat/understanding-enforcement-process/moving-traffic-pcn-enforcement-process.
Only the person against whom the Order for Recovery was issued may submit a Stat Declaration or, if a corporate body, an officer of the company or other person authorised by the company.
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Newlyn are bailiffs.
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Thank you for your advice, and I will post the enforcement notice.
Newlyn, when googled come up as debt collectors, not Bailiffs, so I understand they cannot legally visit the premises?
Thank you for your advice re post redirection. I did this for personal post but not the company post as I had informed all my correspondents of the new address, as doing a change of address for a business was over £600.00 and we only a small business. The log book is in our business name. Please excuse scribbles on the Notice. Also Newlyn have agreed to put the case on hold until 19th November.
[attachment deleted by admin]
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+1
Very important on the out-of time Witness Statement or Statutory Declaration (PCN legislation decides which one)that the timely update of the V5C is emphasised.
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What is the PCN for.
Post the enforcement notice hiding only name and address.
You have a solid case for a successful out of time application to get the debt enforcement process rescinded as you changed the logbook at the time of moving.
The one thing that you could have done was mail redirection.
I think we recommend you pay the debt to avoid escalation as a bailiff visit adds £235 and then go through the out of time process to recover the money (but the PCN will be reissued).
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Hello,
I do hope you can help me
We have received a Notice of Enforcement from Newlyn which was sent to our old address and we only know about it as we bumped into the new owners. I informed the DVLA in a timely manner of the new address. Driving licence details of driver not needed changing as he was my Son who has not changed his address. I have been arguing with them and their client Lewisham Council about this, but just seem to get standard replies, with both parties telling me I should contact the other! I now know after finding this site that this may not have been the correct thing to do.
The timeline of events below:-
DATE OF CONTRAVENTION 04/06/24 (we do not dispute this)
On the 10th June our property was sold to new owners
14th June Penalty Notice was sent out to the old address
New log book has date of change on it of 18/06/24 which proves I informed the DVLA in an acceptable timely manner
Enforcement Notice sent to old address dated 17th October 24.
I had no chance of paying this fine, and surely before sending an enforcement Notice out Newlyn should check addresses .
The vehicle is actually owned by our small business and is registered in our business name
I also today (before finding this site) sent all evidence back to London Borough of Lewisham appeals department
I have not attached anything yet as I hope the above is explanatory.
Thank you in advance