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Messages - NorthernUpholder

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1
Sorry I don't understand what went on here. We are trying to understand why you got a court summons out of the blue. There is a process to these things, they don't just forget to send out letters and then go for a court summons.

Something has happened to the previous letters, either your post is going astray or the DVLA have sent the wrong address to the council. Or maybe it was a lease car. We don't have enough information to answer your question.

Trying to figure out what the problem is, is not irrelevant.

2
Why did you not receive the PCN or charge certificate?

Is the address on your V5C correct and up to date? The council would have sent a PCN to the address the DVLA have on file. If that was wrong, it's not their fault.

Councils don't just forget to send you stuff. They will have records that they printed and sent your PCN. If the PCN gets lost between being handed over to the carrier and ending up being read by you, that isn't the council's fault.

When you say went to court do you mean you filled in a TE9 witness statement, possibly accompanied by the TE7 out of time form? Or you had to physically attend a court. If the former you want to punish the council for a process that makes you fill in a couple of pieces of paper?

3


There was no attempt to avoid payment or gain any advantage — just a simple input error.

Do you think this is something worth pursuing on the basis of a minor keying error and genuine compliance?

Yes.

Is it still at pre-nto - ie nothing has come through the post.

Go on to the council website, explain what happened and just ask if they can cancel it.

Also if it is still "pre NTO" you can make the appeal. And don't panic about paying because you are waiting a response, the process is frozen until they reply and the discount remains in place for 14 days after they reply. (That's basically just not assuming a cancellation is a foregone conclusion)

4
As I understand it, the issue will be that WBAC are middle men and never actually register as owners at DVLA. The V5C would be passed to the eventual buyers who would be trusted to fill it out. It's a good idea to retain the appropriate section of the V5C and go on the DVLA website and update it.

On the one hand the fine for not updating the DVLA can be up to £1000...

On the other it's We buy any car, so you will have a proper printed invoice you can use to show the car was sold. Maybe they emailed you a pdf copy you could just attach to the appeal?

Would it be a good move to appeal, based on the fact OP sold their car, providing a copy of the invoice as evidence? Don't just send them bank transactions, especially not a just screenshot from a banking app, they need names and addresses.

5
Manchester is not the only council that lets people off for making an error once.

I think the principle is that if you make the mistake once, they let you off and you should treat it as a warning to be more careful in future, and a prompt to learn from their mistake and be less careless in future.

6
I mean, still abide by the rules and post the PCN

7
If it's pre-NTO- ie it was stuck to the car and you haven't had anything through the post yet, the driver can appeal.

If it's reached NTO stage (ie it's been posted to you) you need to deal with it. So... he could write the appeal and you could post it in your name.

8
Up here they don't enforce private access dropped kerbs unless the property owner requests it. And if a dropped kerb is enforced, it's enforced for everyone, no exceptions for the home owner or guests of the home owner.

9
I don't know about TFL, but are we talking a combined PCN/NTO in which case does the rejection of representation have to be through the post.

10
What's the contravention? That'll determine whether 10 minutes is due.

10 minutes grace isn't related to observation though. It's the amount of leeway you have after your time runs out. Say you had a P&D or pay by phone, you have 10 minutes for unforeseen circumstances such as appointments overrunning or the like. But to be sure it's 10 full minutes you have to do 11. That's not actually written down, it's just practical.

Observation just needs to be 5 mins. In practice 6 mins because if you time from say 10:00 to to 10:05 you may have timed from 10:00:50 to 10:05:10 and given less than 5 mins. But there is no statutory requirement of observation time, just that it's applied according to rules.

11
DoT guidance states that markings don't have to be pristine to be enforceable. They'd have to be a lot further gone before you could argue you can't see them.

Leaves would be mitigation if the leaf cover was so thick you can't see the hatchings. The fact there are leaves on the edges and bins there doesn't mean they can't enforce the hatchings. If the hatchings are enforceable they are enforceable if you are substantially on them, and they are clear enough for most of the area beneath and around your car.

RingGo has horrible capitalisation on the T&Cs, but I don't think that affects anything.

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