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Messages - maf239

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Civil penalty charge notices (Councils, TFL and so on) / Re: Bailif enforcement - clamped after notice of enforcement for Lewisham PCN that was never received
« on: January 10, 2025, 12:31:26 pm »
Also of note, my alleged contravention is identical to the one shiftar sought assistance with on FTLA here and is in exactly the same location - the junction between Leahurst Road and Fernbrook Crescent. Incandescent provided a suggested representation challenging this, and although OP hasn't replied with the outcome, I'm wondering if I would have similar grounds to appeal if I can get the TEC to accept my SD out of time.

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Civil penalty charge notices (Councils, TFL and so on) / Re: Bailif enforcement - clamped after notice of enforcement for Lewisham PCN that was never received
« on: January 10, 2025, 11:54:50 am »
Thanks.

- I moved house and failed to update the address on my v5c at the beginning of August 2023
- Alleged Contravention occurred on 1st July 2024
- PCN was issued on the same day - 1st July 2024
- Warrant of control dated 14th November 2024 (according to the notice of enforcement)
- Notice of enforcement issued 5th December 2024 
- Notice of enforcement received by me at my new address on 18th December 2024 (the first time I became aware of this issue) 
- New v5c issued with updated, correct address for the vehicle 19th December 2024
- I was out of the country (so unable to file the correct paperwork) from 27th December 2024 to 5th January 2025
- Vehicle clamped 6th January 2025 
- I noticed the vehicle was clamped on 9th January 2025
- I paid Newlyn (the debt collection company) this morning, 10th January 2025

Please let me know if any other information would be helpful.

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Civil penalty charge notices (Councils, TFL and so on) / Re: Bailif enforcement - clamped after notice of enforcement for Lewisham PCN that was never received
« on: January 10, 2025, 10:17:49 am »
Thank you, Neil - much appreciated.

On form PE2 (Statutory Declaration Out of Time) the relevant box on the form is "My reasons for filing the Statutory Declaration outside of the given time are as follows: (Do not give your reasons for appeal against the original penalty charge on this form)". I have drafted the following - please let me know if you have any feedback.

I received a Notice of Enforcement from Newlyn PLC dated 18th December 2023, which was the first notification I received regarding this matter. I had not received the original Penalty Charge Notice. Upon receipt of the Notice of Enforcement, I immediately took steps to understand the process and my options. I initially believed forms TE7 and TE9 were required, which I submitted to the Traffic Enforcement Centre (TEC) on 19th December 2024. The TEC informed me on 23rd December 2024 that forms PE2 and PE3 were the correct forms to submit. Due to work commitments and personal matters over the Christmas period, including being outside of the UK, it was impossible to have the PE2 and PE3 forms witnessed by a Commissioner for Oaths until now. On 6th January 2024, my vehicle was clamped by Newlyn PLC, who was exercising a warrant from Lewisham Council. This further delayed the process as I had to prioritise addressing the immediate issue of the vehicle's immobilisation. I am now submitting these forms as promptly as possible following the resolution of that urgent matter.

On form PE3 (Statutory Declaration - Unpaid Penalty Charge), there's a tickbox to indicate that my reason is "I did not receive the PCN", but there is a separate box "My reasons are (give full reasons):". I wasn't sure whether to declare that I had failed to update the address on my vehicle's V5C or not. Assuming I should declare this, I've drafted the following. Please let me know your thoughts. 

I am filing this statutory declaration because I did not receive the original Penalty Charge Notice (PCN) relating to the alleged contravention on 1st July 2024 at Leahurst Road, Lewisham. The Notice of Enforcement from Newlyn PLC, dated 5th December 2024 and received by me via post on 18th December 2024, was the first communication I received concerning this matter. At the time of the alleged contravention, the address on my vehicle's V5C logbook was incorrect due to a recent house move within the London Borough of Lewisham. I had neglected to update my address details with the DVLA due to oversight on my part. Although the Notice of Enforcement reached me at my current address, the PCN was not served. I updated my address with the DVLA immediately upon receiving the Notice of Enforcement. I am willing to pay the original PCN amount but wish to contest the additional fees due to not having received the initial PCN.

Many thanks again.

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Civil penalty charge notices (Councils, TFL and so on) / Re: Bailif enforcement - clamped after notice of enforcement for Lewisham PCN that was never received
« on: January 09, 2025, 10:11:27 pm »
Thanks for your reply - I appreciate this is largely of my doing.

I was unaware that if I paid the amount requested in the NoE by Newlyn then I could still get a refund of the difference if the out of time application to TEC was successful, so I didn't want to hand over any money. I must admit, I found the guidance on the government and Lewisham council websites incredibly confusing and unhelpful when I was trying to research how to proceed after receiving the NoE, and unfortunately wasn't made aware of FTLA until today. As I say, personal circumstances (and the fact I was out of the country) meant that I was unable to have the forms witnessed until now, so it was impossible for me to file my out of time application any sooner.

The V5C now has the correct address. I appreciate that not updating the address is entirely my fault and have definitely learned my lesson.

It sounds like the only thing I can do is to pay Newlyn tomorrow morning and continue with the out of time statutory declaration application to see if I can get a refund, but please correct me if I'm wrong.

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Civil penalty charge notices (Councils, TFL and so on) / Re: Bailif enforcement - clamped after notice of enforcement for Lewisham PCN that was never received
« on: January 09, 2025, 09:35:09 pm »
Some more information that might be helpful...

I moved house (both houses within Lewisham Borough) in summer 2023 and completely forgot to update my driving license and logbook address to the new one until I received the Notice of Enforcement from Newlyn on 18th December 2024. I received an updated driving license and logbook with my new address a few days later.

The Notice of Enforcement did arrive at my correct (new) address despite the address on my driving license and logbook being incorrect, but I never received a PCN.

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Civil penalty charge notices (Councils, TFL and so on) / Bailif enforcement - clamped after notice of enforcement for Lewisham PCN that was never received
« on: January 09, 2025, 09:19:47 pm »
Hi, apologies for the slightly long-winded post but I've just come from home from work to find my campervan clamped, am struggling with what my next steps should be and don't want to be towed.

Please let me know if any further information is helpful.

Timeline:

- 18th December: I received a Notice of Enforcement from Newlyn PLC informing me that I have not paid the money I owe to L B of Lewisham - they have a warrant of control dated 14/11/2024 for non-payment of a PCN (53J - fair cop I entered a pedestrian zone a few minutes before it was no longer a pedestrian zone because I didn't see the sign). I never received the PCN and this is the first I had heard of the matter.

- 19th December: After some googling, I believed I needed to submit forms TE7 and TE9 to the Traffic Enforcement Centre (TEC) in order to buy more time and get the amount reduced to the original PCN amount on the grounds that I never received the PCN, which I am more than happy to pay. I scan these and email them to the TEC.

- 23rd December: The TEC reply to my email saying that I in fact need to file forms PE3 and PE2 instead in order to have the amount reduced. Due to work commitments and other personal matters I wasn't able to have the forms witnessed by a solicitor (commissioner for oaths) until this week.

- 6th January: Newlyn PLC clamp my van and stick on a Warning of Immobilisation. There was no attempt made to contact me via phone or knock at the door (it was 7am - I was at home) - the van was parked directly outside of the address they wrote to me at

- 9th January: I come home from work and notice the clamp and notice for the first time. I tried to phone the number of the Warning of Immobilisation but there's no answer and the person on the other end texts me saying to text instead, which I do, explaining the situation. They are saying that I must pay £515 to have the clamp removed and they don't deal with disputes.

Link to photos of all the correspondence mentioned above: https://drive.google.com/drive/folders/1is8oum8fvKqUL7Jqc8_YQZdoRBFsfd28

I'm really not sure what to do as I can't really afford to pay £500+, but am more than happy to pay the original PCN amount. Am kicking myself for not submitting the right forms in time.

I was going to have forms PE3 and PE2 witnessed and send them off to the TEC tomorrow regardless - should I still do this? Is there anything else I can do to have the clamp removed so that I can use my vehicle? I've not corresponded with Lewisham directly and not sure if they can help or not!

Thanks so much for any help or advice anyone can give!

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