Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: sophll on June 09, 2025, 10:02:07 pm
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Thank you for your replies :)
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I'm afraid that your failure to update your V5C means it will be mega-difficult, and reading your narrative, probably impossible to get the process reverted, I'm afraid. Sorry if this is not what you wanted to hear. Failure to update a V5C is one of the most common reasons people with bailiffs at their door start a thread on here.
There is, of course, nothing to stop you from submitting an out-of-time Statutory Declaration, one per PCN is required. However all OOT declarations are passed to the enforcing authority, (council or TfL), who can object to them. They invariably do so, at which point TEC reject the declarations. You can request a review by a county court judge, but this costs money : -
- With hearing at your local county court £313
- Without hearing by a district judge £123
These fees are not recoverable.
Stamfordman's advice re contacting bailiffadviceonline is a good one. So why do bailiffs always clamp one's car ? It's because it's normally parked on the street in London, and the Tribunals, Courts and Enforcement Act defines what may be taken control of in Schedule 12 (9): -
9 An enforcement agent may take control of goods only if they are—
(a)on premises that he has power to enter under this Schedule, or
(b)on a highway.
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This is unfortunate but maybe Lambeth won't oppose out of time declarations for the other two given you've been stung by one already (which you can also file a statutory declaration for).
I think you should have had a reissued warrant and an enforcement notice before a visit but this isn'y my area of expertise.
We recommend this firm for maximising chances.
https://bailiffadviceonline.co.uk
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06/11/24 - above PCN earned due to driving down a pedestrian zone I was unaware of
I had moved in July 2024 and not updated my V5C so did not receive notices
09/05/25 - Bailiff (Newlyn) arrived at new (current) address to clamp car - my partner interrupted them and we paid £515 at the front door. We had not had any correspondence from bailiffs to our current address. V5C updated online on same day.
30/05/25 - called Lewisham council to ask if any chance of appealing - told no, also told of 2 other PCNs for driving down Leahurst Rd in November and December 2024 (52m - Failing to comply with a prohibition on certain types of vehicle (motor vehicles) - both with bailiff, suggested PE2 and PE3 forms. Called bailiff who said too late to appeal and must pay £500 for remaining 2 PCNs.
Is there any chance of a successful appeal and is it worth trying the PE2 and PE3 forms? I appreciate situation is my fault for not updating V5C.
Bailiff did not contact me at current address despite knowing address as they attended it to clamp car - is this significant?
Many thanks for your advice.
VRM GU61 GZJ
PCN1 ZY11481970
PCN2 ZY11544028
PCN3 ZY11600683