Free Traffic Legal Advice

According to you, 1-2 weeks in advance of moving house you notified DVLA with a request for a new V5C on 4 March 2023 because yours was 'lost, stolen, damaged or destroyed'. Pl explain.

You did not receive a response.

You did not follow up with DVLA as required.

6 months later a PCN was issued to you at the 'old' address for a road traffic contravention.

Objectively, IMO the fault is yours. You had the legal duty and more than adequate time to get back to DVLA when your V5C was not received. But there's no evidence you did.

So, IMO even if you got the council and TEC to agree on the what, the why would still represent a considerable hurdle.

As said by others, have you contacted bailiffonline?

HC Anderson, I think you've made it abundantly clear several times that you believe it's my fault.

Context: A complaint to the DVLA executive regarding several new vehicles V62's going missing due to the cases being handled by Caseworker investigation unit) has resulted in someone getting a bee up their bonnet at the DVLA. They've subsequently issued our company four OSC's for 3 vehicles which the log books were received in March by DVLA (they state issued in February 7th to 12th).

They've then checked a fourth old vehicle the company had and found that we had one vehicle which was untaxed for four days on 20/05/2023, issued after 11 months on 02/05/2024. All of the OCS's were batched together. Road tax was paid on 24/05/2023

This vehicle was used once every few months and kept on a private business estate.

Is there anyway to fight this now that OSC has been paid. One of them we did not pay as we were still going back on forth on complaints with DVLA on this issue, they pushed out of the OCS's to court summons for prosecution at Highbury Magistrates Court which is completely ridiculous. (not this one)

Quote from: JunotheCorso on June 27, 2024, 07:36:37 pm

@Hippocrates must be about somewhere.

Same cameras listed in this article https://southwarknews.co.uk/area/southwark/all-the-bus-lanes-in-southwark-to-watch-out-for-as-council-issues-over-1-1million-in-fines/

The more salient part is the PCN wording as far as your case is concerned:

https://www.ftla.uk/the-flame-pit/tommy-poirot-to-expose-all-london-councils'-bus-lane-enforcement/msg26266/#msg26266

I got wind of another PCN issued to my old address through a DSAR to the council (infact all councils in London which I did last week and compiled a list of email addressed.

Location: Southwark
Contravention: 34j
Date: Sat, 9 Sep 2023 10:56
Stage: Warrant Issued February 2024
Caught by: 593
Location: WALWORTH ROAD OPPOSITE HAMPTON STREET
Google: https://maps.app.goo.gl/Ff5L2YFvdtcLoGEJ9

Looks like the bus lane markings are not being maintained, can barely see the bus lane marking as they are almost completed faded. According to google maps there is now a rather large road work patch across part of the bus lane

There is a tree directly in front of the sign blocking from a drivers point of view while in the road.

Video: https://imgur.com/2JrCZVS

It is essential to recognise that submitting a TE9 with the Traffic Enforcement Centre (TEC) is a critical measure. This action halts enforcement under paragraph 8.1 of Practice Direction 75. The TEC then assesses your TE9. If accepted, enforcement is suspended. Conversely, if rejected, enforcement will proceed.

If the authority obtains a new Warrant with your current address and the bailiff continues enforcement, this would constitute a breach, as the bailiff must issue a Notice of Enforcement (NOE) before taking control of goods. In such a scenario, you can file an N244 application under Civil Procedure Rule 84.13 to request the return of your vehicle and claim damages together with your legal costs.

Should you allow the warrant to remain defective and the bailiff locates your vehicle using an ANPR camera and removes it, your case would fall under Paragraph 66(6) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007. Often, with ANPR camera use, the bailiff acts on a defective instrument (warrant of control with an incorrect address), or the vehicle may not belong to the debtor.

In your situation, even if the warrant address is correct and a bailiff removes your vehicle, you should apply for its return and claim for damages and legal costs by completing an N244 application under Civil Procedure Rule 84.13. This is necessary because the bailiff breached regulations by failing to provide the debtor with an inventory when he removed the vehicle.

For the previous warrants which were defected with wrong address but paid do I need any specific reason on the form?

The bailiff obtained your mobile number from DVLA, as you had provided it during your V5 application. They did not obtain it from a neighbour.

The Traffic Enforcement Centre (TEC) will reject your TE9 based on the reasons you supplied. Instead, they will issue a new warrant using your updated address, allowing enforcement to proceed. Currently, the warrant lists your old address, rendering it defective and nullifying any enforcement actions taken under it. It is advisable to leave the defective Warrant of Control as it is. Correcting it is not your responsibility.

DVLA doesn't have my mobile number I never include a mobile number or email address.

- If I submit the TE9, will they update my address but would the proceedings also reset and revert back to PCN stage?

- If I leave the defective warrant and they clamp my vehicle, as they have done so in the past, what remedy is there?

Quote from: JunotheCorso on June 20, 2024, 02:06:49 pm

DVLA cocked up and didn't change my licence address and made that very difficult.

A small but potentially very important detail - did you also update the address on the vehicle's V5C document? This is an entirely separate process to updating your licence, and changing one does not change the other.

I believe I did, but in that time period I also have several inquiries on-going with DVLA for other vehicles (purchasing and selling) many of which the V62's were lost on first submission and I believe that also happened with my personal vehicle when sending the V5C for this. I have various tracking numbers and receipts going to DVLA Swansea SA991BA

A bit of context about the inadequacy of DVLA:
For example, in early 2024 I had to complain to the DVLA executive that the CIO case worker unit did not process several V62's for purchasing of three vehicles from Auction. They lost the V62's from October 2023, I had to submit again in Decemer 2023, then complaint for about 3 months because they didn't look at the photo evidence sent to them via as requested and almost closed the V62 cases. DVLA executive apologised then stepped in, and still provided the log books late despite stating a date we would receive.

Someone internally in DVLA then went and looked up all of our company vehicles even going back to May 2023 and saw one vehicle which was untaxed but off the road and issued a fine for £300+, in a completely separate unrelated case to this. They also then issued fines for untaxed vehicles on all three of our new purchases stating they were untaxed in March 2024, in a malicious act. We received the logbooks in April 2024 and they issued untaxed vehicle fines for March 2024. The logbooks were issued by DVLA about 1-2 weeks before the April 2024 acc. They even couldn't adhere to the commitments made by the DVLA executive that stated which date out logbooks would be issued. We verified this by checking MOT status of the vehicle online which shows you when the last logbook was processed. So IF there were no postal issues, we had a two week time period to tax our untaxed new purchase or get fined. There is a stage 2 out of 3 complaint now with the DVLA for malicious retaliation and maladministration and misconduct.

(Note, we could not tax the vehicle, in the post office, online or via paper according to the CIO due to it being a casework investigation due to the value of the vehicles being high, which was my main gripe with them as we couldn't get the vehicles repaired and moving on.)

So that's a little background about DVLA being incompetent.