Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Thunderbolt1 on November 07, 2023, 11:57:59 am
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I'm not sure you have any grounds that are likely to be accepted as far as an out of time declaration is concerned. When you didn't get a new V5C in the post, it was for you to follow this up with DVLA (yes you might think that's a weird law, but it is what it is).
What proof do you have that you sent off the old V5C with the new address on it?
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As well as the pe2 you need to file the statutory declaration Te9
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1094491/Parking_TE9.pdf
https://assets.publishing.service.gov.uk/media/5aa6b29540f0b66b5fb4b5bc/form-pe2-eng.doc
The council can and will object to the PE" so you have to de very detailed and clear as to why you did not receive the documents
Surely not form TE9, which is a Witness Statement? You need form PE3 which is the Statutory Declaration. (https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1094529/PE3.doc)
You need an SD and an Out of Time application for each PCN. The forms will need to be witnessed. Free of charge at any convenient County Court. Phone and check opening hours.
I also suggest that you need specialist advice concerning the OOT applications. I suggest you contact Bailiff Advice Online (https://www.bailiffadviceonline.co.uk/). They come highly recommended on PePiPoo. You might have to pay a small fee.
Where there is more than one PCN under bailiff enforcement there should be one £75 enforcement notice charge for each PCN, but only one £235 charge for all of them. Of course that only works if all the PCNs are assigned to the same bailiff firm, which hasn't happened here. It seems to me that two PCNs for the same or similar contravention in a short timeframe issued by the same enforcement authority should have been assigned to the same bailiff firm. They haven't done so and that seems unfair.
I'm not sure how you can pursue the matter but hopefully BAO will know.
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As well as the pe2 you need to file the statutory declaration Te9
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1094491/Parking_TE9.pdf
https://assets.publishing.service.gov.uk/media/5aa6b29540f0b66b5fb4b5bc/form-pe2-eng.doc
The council can and will object to the PE" so you have to de very detailed and clear as to why you did not receive the documents
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No advice from anyone then??
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CAR CLAMPED TWICE FOR 2 PCNs (50L), OLD DVLA address – no PCNs received
Waltham Forest, London
50L Performing a prohibited turn (no left turn):
Grove Green road into Scarborough road, Leyton – FR5930011 on 14/04/23 – clamped on 01/11/23 by Newyln
Grove Green road into Southwest road, Leyton – FR59547231 on 08/05/23 – clamped on 05/11/23 by Marston Recovery
CAR REG: FE66 GRF
Waltham forest - Pay PCN Home (itsvc.co.uk) – for images and video footage
LOCATION - https://maps.app.goo.gl/EkrmpUmPHmdqBhFw6
Hi Everyone I would really appreciate some advice please.
I have had my car clamped twice (!) in the last week due to 2 PCNs (50L) for turning down 2 roads that apparently had ‘no left turn’ restrictions in place in Waltham Forest, East London on the 14th April & 8th May this year.
I paid to have the clamps removed – and before anyone jumps on this, I was told that a tow truck was on it’s way so I would then be liable for further costs and storage costs which I did not want to risk. I have a small child and I use my car for business travel so going without the car was off the table.
It turns out that despite sending the new address slip on my V5 this was never processed or got lost in the post so the PCNs and follow up letters would have all gone to my previous address. The first I knew about these PCNs was finding my car clamped. I have no paperwork aside from the receipts and notices from the recovery agencies.
My insurance, driving licence, parking permit and council tax (last 2 with the same local authority!) were all changed over but a to my new address but I understand Waltham forest only use the DVLA record or their enforcement agencies do.
Yes I know it’s my responsibly to ensure the car is registered at the correct address but this was an honest mistake to not follow up on it. Perhaps moving house with my first 3 month old baby was a bit distracting at the time! I have updated my address online and spoken to Waltham forest to confirm if I have any other outstanding PCNs.
Needless to say the cost of this mistake was horrific but I want to understand what the best approach to appealing this is – if any. I understand reading around this forum that I can lodge an application to file a statutory declaration out of time (PE2) but I am unclear if I also need to submit another form to the Traffic Enforcement Centre and what my narrative should be?
I assume I would also need to fill out paperwork for each PCN (2 in this case)?
Regarding the PCNs I have strong reason to believe that one of the PCN's was invalid as the no left turn sign was supposedly removed before my contravention. I found a TMO that confirms it's removal from Scarborough road on the 31st March T8(23) Experimental Traffic Orders (TMO) - Scarborough Road https://www.walthamforest.gov.uk/sites/defa...20Road%20MF.pdf - page 5 – ‘EXPLANATORY NOTE (This Note is not part of the Order, but is intended to indicate its general purport.) This Order suspends a ban for vehicles turning left from Grove Green Road into Scarborough Road, on an experimental basis, in the London Borough of Waltham Forest
Is this sufficient evidence to appeal PCN FR5930011 if I am successful in lodging my out of time declaration?
I also noted that in the CCTV footage & photos (for both PCNs) there is no image or footage of the ‘no left turn’ sign – is this also grounds for an appeal?
Many thanks for your time and support, let me know if you need any further details.