Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Nawin on August 19, 2025, 01:47:08 am
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you would need to fill out a OOT declaration form' after having explained the situation.
That's correct procedure. But you seem to have inferred that it would be accepted. IMO you would not succeed with TEC. It is your legal duty to keep your V5C details up to date. You didn't.
The authority's duty is to use the DVLA address, which they have done.
As for the comments about the warrant!
Yes, they cannot execute a warrant at the 'wrong' address. So what? They'll just get the authority to change the address. It's not a get-out-of-jail card. They should also have carried out a trace to check that the address given by the authority was correct. Maybe they tried, but if they did it wasn't hard enough because your name and address are held by DVLA. But these matters have NOTHING to do with the underlying penalty which is what TEC deal with.
And the occupier would still get a visit!
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Contact CDER and give them your current address.
If the debt is still £355, pay it NOW. This has NO effect on whether an OOT would succeed. If it did you would get a full refund, but if not(and IMO it wouldn't based upon what you've posted) the next stage adds an eye-watering £235 fee and this applies at any time that an individual agent visits the address, and you wouldn't want to inflict this on the current occupant, would you.
The £235 fee can only be charged once. Even if more than one PCN is being enforced. Or multiple visits are involved.
That is true, but if the debt remains unpaid they can seize goods at the property on the warrant, and also goods (aka your car) if standing on the public highway.
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DVLA records show that last V5C was issued on 1 June 2025.
Have you informed the agent of your new address? The occupants of your old address are the ones in the agent's crosshairs until you do.
I have spoken to the enforcement agents today and they are willing to hold the case for 7 days.
You have this memorialised?
Anyway, for what purpose? An OOT wouldn't halt enforcement until registered by TEC which is out of your control. So procrastination would only increase your financial risk and aggravation and potential embarrassment for the occupiers of your old address.
Yes I have informed them of the change of address.
That was the advice I was given. The advisor on the phone said 'you would need to fill out a OOT declaration form' after having explained the situation.
Are you saying I should just pay the fine and draw a line under the matter?
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PCN: XJ50862326
REG: GY64FSZ
Thank you for providing the PCN and vehicle reg. Enquiries through the TfL website shows that an Order for Recovery had been issued against you on 12th May 2025.
That document would have advised you to either pay the charge or alternatively; to complete the attached form PE3 (Statutory Declaration) within 21 days. If you had of done so, TfL would have automatically re-issued the PCN to you at the reduced rate.
I am assuming that the current tenants had passed this document to you given that you made an enquiry to TfL on 4th June (within the 21 day period). The case was put 'on hold' and then progressed to issuing of a warrant.
TfL should have responded to your enquiry and advised you to complete the Statutory Declaration.
TfL need to be asked WHY they failed to respond to your enquiry and instead, issued a warrant of control.
When sending your enquiry, did you inform TfL that you had moved address?
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I first became aware of the letters at the end of May/beginning of June, at which point I made my initial enquiry to TfL. Having received no response, I made a second enquiry, but again heard nothing back. I also informed TfL of my change of address at that time.
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DVLA records show that last V5C was issued on 1 June 2025.
Have you informed the agent of your new address? The occupants of your old address are the ones in the agent's crosshairs until you do.
I have spoken to the enforcement agents today and they are willing to hold the case for 7 days.
You have this memorialised?
Anyway, for what purpose? An OOT wouldn't halt enforcement until registered by TEC which is out of your control. So procrastination would only increase your financial risk and aggravation and potential embarrassment for the occupiers of your old address.
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PCN: XJ50862326
REG: GY64FSZ
[/quote]
Thank you for providing the PCN and vehicle reg. Enquiries through the TfL website shows that an Order for Recovery had been issued against you on 12th May 2025.
That document would have advised you to either pay the charge or alternatively; to complete the attached form PE3 (Statutory Declaration) within 21 days. If you had of done so, TfL would have automatically re-issued the PCN to you at the reduced rate.
I am assuming that the current tenants had passed this document to you given that you made an enquiry to TfL on 4th June (within the 21 day period). The case was put 'on hold' and then progressed to issuing of a warrant.
TfL should have responded to your enquiry and advised you to complete the Statutory Declaration.
TfL need to be asked WHY they failed to respond to your enquiry and instead, issued a warrant of control.
When sending your enquiry, did you inform TfL that you had moved address?
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I’ve changed my address with DVLA but the letters were still sent to my old address.
Have you only just updated your Log Book or was this done a while ago?
Secondly, given that the 'cut off' time to make payment without a 'visit fee' of £235 being charged is tomorrow, then it is important that you either make payment or agree a payment arrangement without delay. An Out of Time Application can still be submitted but currently, it is taking up to 4 working days for the application to be processed and instructions given to CDER Group to cease all enforcement (while a decision is made on your application.
Bailiff Advice Online (https://bailiffadviceonline.co.uk/index-page/traffic-enforcement-centre-tec/out-of-time-witness-statement)
This was done a while ago, after I was made aware of the PCN by the current residents after approximately 4 months. I still lived in the town, just at a different address.
I have spoken to the enforcement agents today and they are willing to hold the case for 7 days.
What was done a while ago? Do you mean updating the Registered Keeper details with the DVLA?
And moving elsewhere in the same town doesn't help you at all. Your address is supposed to be kept current with the DVLA, even if you only moved next door.
Your OOT application will be given to the Council. They can and very likely will object and almost certainly the Traffic Enforcement Centre will reject your application. The Council will have used the address returned by the DVLA and you haven't explained why you were unable to keep it up to date, especially since it can be done online in a matter of minutes. If it was due to a time-lag whilst the DVLA processed your request, then fine. But long fingering or ignoring your legal obligations won't cut it it. The TEC will take the view that this is a situation of your own making.
However you should have a go anyway as this is your last free of charge chance to get the matter reset to an earlier stage.
Please 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. You were asked not to redact or obscure any PCN numbers or the vehicle reg from any documents.
So what's the reg of the car in question?
Yes, updating the Registered Keeper details with the DVLA.
PCN: XJ50862326
REG: GY64FSZ
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Contact CDER and give them your current address.
If the debt is still £355, pay it NOW. This has NO effect on whether an OOT would succeed. If it did you would get a full refund, but if not(and IMO it wouldn't based upon what you've posted) the next stage adds an eye-watering £235 fee and this applies at any time that an individual agent visits the address, and you wouldn't want to inflict this on the current occupant, would you.
The £235 fee can only be charged once. Even if more than one PCN is being enforced. Or multiple visits are involved.
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I’ve changed my address with DVLA but the letters were still sent to my old address.
Have you only just updated your Log Book or was this done a while ago?
Secondly, given that the 'cut off' time to make payment without a 'visit fee' of £235 being charged is tomorrow, then it is important that you either make payment or agree a payment arrangement without delay. An Out of Time Application can still be submitted but currently, it is taking up to 4 working days for the application to be processed and instructions given to CDER Group to cease all enforcement (while a decision is made on your application.
Bailiff Advice Online (https://bailiffadviceonline.co.uk/index-page/traffic-enforcement-centre-tec/out-of-time-witness-statement)
This was done a while ago, after I was made aware of the PCN by the current residents after approximately 4 months. I still lived in the town, just at a different address.
I have spoken to the enforcement agents today and they are willing to hold the case for 7 days.
What was done a while ago? Do you mean updating the Registered Keeper details with the DVLA?
And moving elsewhere in the same town doesn't help you at all. Your address is supposed to be kept current with the DVLA, even if you only moved next door.
Your OOT application will be given to the Council. They can and very likely will object and almost certainly the Traffic Enforcement Centre will reject your application. The Council will have used the address returned by the DVLA and you haven't explained why you were unable to keep it up to date, especially since it can be done online in a matter of minutes. If it was due to a time-lag whilst the DVLA processed your request, then fine. But long fingering or ignoring your legal obligations won't cut it it. The TEC will take the view that this is a situation of your own making.
However you should have a go anyway as this is your last free of charge chance to get the matter reset to an earlier stage.
Please 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. You were asked not to redact or obscure any PCN numbers or the vehicle reg from any documents.
So what's the reg of the car in question?
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I’ve changed my address with DVLA but the letters were still sent to my old address.
Have you only just updated your Log Book or was this done a while ago?
Secondly, given that the 'cut off' time to make payment without a 'visit fee' of £235 being charged is tomorrow, then it is important that you either make payment or agree a payment arrangement without delay. An Out of Time Application can still be submitted but currently, it is taking up to 4 working days for the application to be processed and instructions given to CDER Group to cease all enforcement (while a decision is made on your application.
Bailiff Advice Online (https://bailiffadviceonline.co.uk/index-page/traffic-enforcement-centre-tec/out-of-time-witness-statement)
This was done a while ago, after I was made aware of the PCN by the current residents after approximately 4 months. I still lived in the town, just at a different address.
I have spoken to the enforcement agents today and they are willing to hold the case for 7 days.
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The payment is: 6am 19/8/2025 which is not tomorrow, it's today.
I’ve heard somewhere that if I pay the £355 now, it might be treated as accepting liability and I wouldn’t be able to get a refund at all. Is that not the case?
It's wrong and I wouldn't go there for any further advice!
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I’ve changed my address with DVLA but the letters were still sent to my old address.
Have you only just updated your Log Book or was this done a while ago?
Secondly, given that the 'cut off' time to make payment without a 'visit fee' of £235 being charged is tomorrow, then it is important that you either make payment or agree a payment arrangement without delay. An Out of Time Application can still be submitted but currently, it is taking up to 4 working days for the application to be processed and instructions given to CDER Group to cease all enforcement (while a decision is made on your application.
Bailiff Advice Online (https://bailiffadviceonline.co.uk/index-page/traffic-enforcement-centre-tec/out-of-time-witness-statement)
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Thanks for your reply.
I just wanted to check a couple of points:
You mentioned that, in your opinion, my OOT wouldn’t be accepted based on what I’ve posted. Could you explain why? I’d really like to understand what factors the court looks at in deciding these applications.
I’ve heard somewhere that if I pay the £355 now, it might be treated as accepting liability and I wouldn’t be able to get a refund at all. Is that not the case?
I’ve changed my address with DVLA but the letters were still sent to my old address. Unfortunately, I can’t access that property anymore as I’ve since moved again due to being in the military. I've also updated the address with CDER group.
Thanks again for the advice. I really appreciate the guidance.
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Contact CDER and give them your current address.
If the debt is still £355, pay it NOW. This has NO effect on whether an OOT would succeed. If it did you would get a full refund, but if not(and IMO it wouldn't based upon what you've posted) the next stage adds an eye-watering £235 fee and this applies at any time that an individual agent visits the address, and you wouldn't want to inflict this on the current occupant, would you.
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Hi H C Anderson,
Thank you for your reply. I have attached the letters sent from the enforcement agency which I became aware of only yesterday.
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For the moment pl forget about the OOT and focus on the 'letter from the enforcement agency, again sent to my old address.' and post it here, all pages.
TIME is of the essence, so pl forget about everything else.
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Hi everyone,
I’m looking for some guidance on filling out a PE2 form (Statutory Declaration – Out of Time) and would really appreciate any advice from people who’ve been through this before.
Here’s my situation:
I moved house but didn’t update the address on my V5C logbook straight away, as I was still in the same town.
I wasn’t aware of any Penalty Charge Notices until around late May/early June, when the new residents at my old address passed letters on to me — this was about 4 months after the original penalty.
As soon as I found out, I emailed TfL explaining the situation. I didn’t get a receipt for the first email, but I do have a screenshot with the reference number from the second one. I didn’t receive any reply.
Today, I’ve just been made aware of another letter from the enforcement agency, again sent to my old address.
I phoned TfL and they advised me to fill out a PE2 form.
I want to make sure I word my declaration properly so the court understands that I wasn’t ignoring the penalty, I just genuinely never received the notices.
Has anyone here successfully filled in a PE2 in a similar situation? Any tips on what to include or common pitfalls to avoid? It would be hugely helpful.
Thanks in advance!