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Civil penalty charge notices (Councils, TFL and so on) / Re: PCN for stopping in a box junction
« on: September 08, 2023, 12:30:53 am »
Your link wont work, it wants somebody to give permission.
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Once things get to the bailiff stage, there is only one avenue open to you to try to get the matter reverted back to the original PCN, (and penalty). This is to submit an Out-of-Time Statutory Declaration to the Traffic Enforcement Centre at Northampton, that you did not receive the original PCN. However, unlike "in-time" SDs, an OOT one has have your explanation as to why you didn't receive the PCN. In addition, the OOT SD must be passed to the enforcing authority who have the right to object to your SD. With your very tardy update of your V5, I would expect them to object.
Submitting an OOT SD costs nothing apart from a solicitor fee for witnessing the document. Even this need not be paid as the SD forms can be witnessed at your local county court without payment. However, enforcing authorities invariably object to OOT SDs on the basis that they have, as required by law, sent all the statutory enforcement documents to the address as recorded by DVLA for the vehicle concerned, (the V5 document) but received no response. The Traffic Enforcement Centre then reject the OOT SD. YOu can request a review of a rejection by a county court judge. This costs around £110 for a papers-based review, and about £260 for an interview with the judge. These sums are not recoverable.
Sorry if this isn't what you wanted to hear. However, there may be something I haven't thought of, so you could also try contacting: -
www.bailiffadviceonline.co.uk
for more advice
Good to hear it.If you paid the full PCN penalty, not the discount, you have served yourself quite badly because the penalty at the adjudicators remains the same.
The discount was re-offered in the response to my formal challenge and I paid within the 14-day timeframe, so I paid at the 50% discounted rate.
Thanks so much for following up on this. Meanwhile I've since paid the fine but I really appreciate how thorough you've been - even after the deadlines have passed.If you paid the full PCN penalty, not the discount, you have served yourself quite badly because the penalty at the adjudicators remains the same. It is a no-brainer to councils to adjudication once the matter has got to the NtO stage, and the discount has not been re-offered.