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Civil penalty charge notices (Councils, TFL and so on) / Incorrect Warrant Address - TE7 and failure to update DVLA
« on: October 02, 2023, 11:09:17 am »
TLDR: On what grounds will the TEC accept a TE7 application where the warrant was sent to the incorrect address, but that address was obtained from the DVLA.
Edit: data of contravention - don't know March - May 2023? | Date we moved Sept 2020 | Change of V5C (today) |
Looking for some assistance because limited seems to be available online.
I've just been contacted by the lady who bought our last house. Turns out the bailiffs are at the door chasing some sort of unpaid fine. I assume a bus parking penalty. The occupant of our last property has been returning all of my wife's mail to sender.
Now we're aware of this we'd like to settle of course, however, fees added include a compliance fee and an enforcement fee totalling £424. Quite a bit for what was a £35 fine!
The only information I have is the date the enforcement notice was delivered (30th Sept a 1930) and a reference number which the TEC doesn't recognise. I cannot speak to Cardiff Council because they're on strike, and the bailiff isn't answering his phone...But I'll just have to be patient with that I guess.
Clearly the council have used DVLA details which have now been updated. I'm not sure this is relevant to the discussion though unless we enter it into the discussion.
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So I've seen we can potentially use form TE7 and TE9. The main issue is completing the TE7, as I understand in the event the council challenge this, a court officer will decide whether to grant it or not. In doing so, I understand they need to follow this guidance (I've only managed to find this on forums - presumably it was provided to someone by the TEC?).
1. If the respondent has stated in their OOT that they have moved address before the notice to owner (NTO) was served or provided dates of when they moved so we can see the NTO was not served, the COO should be accepted.
2. If the LA state in their rejection that they obtained the address from the DVLA but the respondent moved before TO, the COO would still be accepted.
3. If they have only stated that they moved address and have provided no details, the COO would be refused.
4. If the respondent admits that they did not notify the DVLA of their address change, the COO would be refused.
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So, we can say yes to points 1 and point 2, no problem. We can provide as much evidence of current address as they need - ID, bank statements, doctors notes, bills etc. Point 4 I can meet, because we're not going to prejudice ourselves by providing information that wasn't asked for and the court can only make a judgement based on the information in front of them. We could also declare that our address information is up to date with the DVLA (as of today it is!).
BUT HERE IS MY MAIN QUESTION!
POINT 3 is what I'm struggling with though - we will state that we have moved address, but how do they define 'no details' does that simply mean dates we moved?
If so, then provided we don't offer that we failed to update the DVLA, based on this guidance, and provide acceptable residence evidence, our TE7 should be accepted?
---------------------------------
Hope someone experienced with these can shed light on this.
I'll post the outcome!
Edit: data of contravention - don't know March - May 2023? | Date we moved Sept 2020 | Change of V5C (today) |
Looking for some assistance because limited seems to be available online.
I've just been contacted by the lady who bought our last house. Turns out the bailiffs are at the door chasing some sort of unpaid fine. I assume a bus parking penalty. The occupant of our last property has been returning all of my wife's mail to sender.
Now we're aware of this we'd like to settle of course, however, fees added include a compliance fee and an enforcement fee totalling £424. Quite a bit for what was a £35 fine!
The only information I have is the date the enforcement notice was delivered (30th Sept a 1930) and a reference number which the TEC doesn't recognise. I cannot speak to Cardiff Council because they're on strike, and the bailiff isn't answering his phone...But I'll just have to be patient with that I guess.
Clearly the council have used DVLA details which have now been updated. I'm not sure this is relevant to the discussion though unless we enter it into the discussion.
--------------------------------
So I've seen we can potentially use form TE7 and TE9. The main issue is completing the TE7, as I understand in the event the council challenge this, a court officer will decide whether to grant it or not. In doing so, I understand they need to follow this guidance (I've only managed to find this on forums - presumably it was provided to someone by the TEC?).
1. If the respondent has stated in their OOT that they have moved address before the notice to owner (NTO) was served or provided dates of when they moved so we can see the NTO was not served, the COO should be accepted.
2. If the LA state in their rejection that they obtained the address from the DVLA but the respondent moved before TO, the COO would still be accepted.
3. If they have only stated that they moved address and have provided no details, the COO would be refused.
4. If the respondent admits that they did not notify the DVLA of their address change, the COO would be refused.
---------------------------------
So, we can say yes to points 1 and point 2, no problem. We can provide as much evidence of current address as they need - ID, bank statements, doctors notes, bills etc. Point 4 I can meet, because we're not going to prejudice ourselves by providing information that wasn't asked for and the court can only make a judgement based on the information in front of them. We could also declare that our address information is up to date with the DVLA (as of today it is!).
BUT HERE IS MY MAIN QUESTION!
POINT 3 is what I'm struggling with though - we will state that we have moved address, but how do they define 'no details' does that simply mean dates we moved?
If so, then provided we don't offer that we failed to update the DVLA, based on this guidance, and provide acceptable residence evidence, our TE7 should be accepted?
---------------------------------
Hope someone experienced with these can shed light on this.
I'll post the outcome!