Free Traffic Legal Advice

Thanks. To clarify on the dates. I moved out of the property on the 19th June, a few days before the contravention took place. The initial PCN was apparently sent to this address on 5th July. I notified the DVLA of the change of address on 14 July (admittedly after the initial PCN was likely issued.)

Despite this, I didn't receive any of the follow up correspondence to the correct address, once my change of address was logged with the DVLA. According to the council, I was issued a charge certificate on 13 August and a third notice (order of recovery) on September 13, but these were both issued to the old address, despite the change of details.

Would I essentially need to set the details mentioned above out in the PE2/OOT form?

Quote from: mos1991 on November 27, 2024, 11:53:46 am

Quote from: Neil B on November 26, 2024, 10:19:21 pm

Patience. You are not in immediate danger.

It is likely that we will advise you to pay the enforcement notice to prevent incurring further charges.

This will not preclude you from talking action to get the matter reset and you seem to have good reason to be hopeful of that.

Thanks. With regards to paying the enforcement notice, what happens if I pay and then the PCN is reset? Would I be able to recover any of the monies I've paid to Newlyn?

Sorry, I was a bit brief as limited time for me last night.
Incandescent has answered you and any refund will come from the council if your application to the court is successful.
The reason we advise paying the enforcement notice amount is to avoid incurring the additional fee of £235 stated on the notice as a warning,

So what application do you need to make?
It's an Out of Time Statutory Declaration and you'll see members refer to this as an OOT.

For now, download forms PE3 and PE2 which you can find on the TEC or GOV websites.
DO NOT attempt to complete them before you fully understand what they are and the difference between them.
It is very important to get them right and include the detail they require.

So have a look, tell us what you think and ask any questions you have.

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I note that Hippocrates has taken an interest and he has had some success for the location concerned and might help you if we can get you a new pcn.

Thanks all for the help so far and sorry for the sudden lack of replies. Had some work and personal issues that took over. I have now paid the enforcement fee as per the previous advice and I'm looking to fill out the PE3 and PE2 forms, although would appreicate some guidance on what specific information they are after for each form. My current understanding is that on the PE3 form I should provide a clarification as to why I did not receive the form (i.e. I did not live at the address it was sent to) and on the PE2 form I need to give a more detailled explanation of the timeline (i.e. when I informed the DVLA that I moved and that despite this, subsequent correspondence was still sent to my old addres)?

To answer another question as to why the DVLA's details say the most recent logbook was issued in November, I have actually moved home twice last year. I was initially living with family for a temporary period shortly after the alleged traffic infraction took place and moved into permannent accomodation in November.

Is anyone able to help?

In terms of a timeline of dates. I moved out of the property on 19 June.

The contravention then occured on 25 June.
I updated my V5C on 14 July.
According to the council the original PCN was sent to my old address on 5 July.
This was then followed up by a charge certificate issued also issued to my old address on 13 August.
Finally, a third notice (order of recovery) was also sent to my old address on September 13.

For clarity's sake, I learned of the above information (i.e. when the correspondence was sent to me by the council's traffic enforcement team) via a phonecall with the council yesterday.

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I yesterday became aware that I recieved a penalty charge from Lewisham Council for an infraction on 25 June. The infraction occured shortly after I moved home and so the original PCN was sent to my old address. I submitted a change of address via the DVLA on 14 July. Speaking to the council on the phone, I have been told that they sent a second follow up letter (also to my old address) in late July after the change of address was submitted to the DVLA. The PCN has now been passed over to a debt collection agency, despite the fact I recieved no PCN letters to
the address I was reisding in at the time.

I've been told that I can apply for an Out Of Time exemption on the basis that I did not receive the Penalty Charge Notice, but wanted to get an idea of how realistic my prospects are based on the information above?