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#Post#: 41803--------------------------------------------------
Penalty Charge Notices (PCNs), County Court, Statutory
Declaration Out of Time
DIR By: tryingtosortitout
Date: October 21, 2024, 7:27 pm
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Hi,
My question relates to Penalty Charge Notices (PCNs) issued to
me by my local authority. I made two very stupid mistakes and am
I now paying the price for these.
Firstly, when I moved to my current property/new part of the
country about 2 years ago, I forgot to update my vehicle
registration address with the DVLA and did not realise this
until a few months ago. A ridiculously stupid mistake, given
that I’m not normally a very organised individual. It was just
one of those things that happened when I moved to a new
city/busy job/house.
Secondly, I was unaware that a journey that I made several times
in my current (new) local area involved driving on a road that
had restrictions on it in the morning (a ‘Clean Schools
Street’). Again, a really stupid mistake to have made. I think I
relied too much on Google Maps/Waze and didn’t pay enough
attention to street signs. On looking at Google maps street view
now, it is obvious that the signage is clear and unobstructed
and therefore it is entirely my fault that I did not notice it.
I am not looking for pity and I am certainly not trying to
divert blame for my own failings. I accept that it was my
responsibility to update my DVLA address in a timely manner and
it was also my responsibility to be aware of street signs rather
than rely on Google maps/GPS.
The issue is that because the PCNs were issued over a half a
year ago and presumably sent to my old address (because my
vehicle was still registered at my old address), I did not
receive any of them. I received some debt collection letters
recently for unpaid PCNs and I have paid these off to prevent
the bailiffs from knocking on the door. This all prompted me to
realise that I had not updated my DVLA address. I did of course
update the address the moment I realised.
I spoke with someone at the council who gave me a list of
outstanding/overdue PCNs dating back to the beginning of this
year and apart from the ‘sent to debt collection agency’ ones
(which I have now paid), the rest of them state:
“The Penalty Charge Notice has been registered with Northampton
County Court as full payment has not been received. It is too
late at this stage to make representations. Your options are
either file a Statutory Declaration / Witness Statement if any
of the grounds are applicable or pay the amount due as stated on
the Order for Recovery of Unpaid Penalty Charge within 21 days.”
At this late stage, am I technically able to submit an Out Of
Time Statutory Declaration to the Traffic Enforcement Centre?
And given that this situation is the result of two mistakes
entirely of my doing, would submitting Statutory Declarations be
futile, or is there a possibility that the amount I owe would be
reduced given that I never received the PCNs in the first place
(albeit because it was my own fault for not updating my
address)?
Or should I just accept that I need to pay the full amount?
The final issue is that I have never received any correspondence
from the Court; this must have all gone to my previous address
as well. If filing Statutory Declarations is likely to be
futile, how do I now pay for all of these charges? When I type
the individual PCN numbers into the council website, there is an
option to pay, but if they have gone to the Court already,
should I be paying on the council website or via another means
(directly with the court)? And how would I do this if I have
never received any correspondence (eg case numbers) from the
Court? I have found an email address for the Court and I intend
to email them a summary of what has happened, with my old
address and new address, in the hope that they will send me some
sort of correspondence to my new address.
Is there anything else you would do at this stage (apart from
cry in despair).
Thanks for your help.
#Post#: 41804--------------------------------------------------
Re: Penalty Charge Notices (PCNs), County Court, Statutory
Declaration Out of Time
DIR By: Enceladus
Date: October 21, 2024, 7:51 pm
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How many PCNs are there? Better yet please post up a list of all
the PCNs. And tell us the status, so PCN number, Notice of
Enforcment received or not, amount demanded and whether paid or
not, date of NoE.
I also suggest you seek help from Bailiff Advice Online here
HTML https://bailiffadviceonline.co.uk
.
In theory you can submit Witness Statements / Statutory
Declarations with an Out of Time application for each. However
the Council will likley object and the court officer won;t have
any sympathy for your failure to update the RK details with the
DVLA.
What's the reg of the car?
Please have a look at the READ THIS FIRST - **BEFORE POSTING
YOUR CASE!**
HTML https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/<br
/>sticky post at the top of this forum for instruactions on how
to
post documents.
#Post#: 41821--------------------------------------------------
Re: Penalty Charge Notices (PCNs), County Court, Statutory
Declaration Out of Time
DIR By: stamfordman
Date: October 22, 2024, 4:45 am
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As said make a list - it's possible one or more and in time not
out of time.
#Post#: 41835--------------------------------------------------
Re: Penalty Charge Notices (PCNs), County Court, Statutory
Declaration Out of Time
DIR By: Neil B
Date: October 22, 2024, 6:19 am
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And please at least tell us where you are talking about.
#Post#: 41836--------------------------------------------------
Re: Penalty Charge Notices (PCNs), County Court, Statutory
Declaration Out of Time
DIR By: Pressman
Date: October 22, 2024, 6:30 am
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If the Penalty Charge Notices (PCNs) went to your old address,
the warrant is defective due to the incorrect address. Bailiffs
cannot legally pursue action at your current address or demand
payment.
You do not need to file a Statutory Declaration, as that would
only trigger a new warrant for your current address. There’s
also no need to hire third-party services for this.
If you can show the 'debt collection' letters, you may be
eligible for a refund of any money taken under enforcement
threats.
Gather all PCN numbers (two letters and eight digits), then call
the Traffic Enforcement Centre (TEC) at 0300 123 1059. During
the security check, provide your previous postcode; if accepted,
it confirms the warrant’s defectiveness. Repeat for each PCN.
Report back once complete for further guidance.
#Post#: 41903--------------------------------------------------
Re: Penalty Charge Notices (PCNs), County Court, Statutory
Declaration Out of Time
DIR By: H C Andersen
Date: October 22, 2024, 1:32 pm
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You do not need to file a Statutory Declaration, as that would
only trigger a new warrant for your current address. There’s
also no need to hire third-party services for this.
?
Dodging the warrant doesn't address the underlying issue of
debt. IMO, there is no rule of law which relieves a debtor from
enforcement solely because they committed an unlawful act in not
keeping their DVLA data current. This would be akin to rewarding
law breaking.
There will be other views no doubt.
#Post#: 41920--------------------------------------------------
Re: Penalty Charge Notices (PCNs), County Court, Statutory
Declaration Out of Time
DIR By: fraser.mitchell
Date: October 22, 2024, 4:06 pm
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Yes, I too am puzzled as to how what has been suggested gets the
debt extinguished, but no doubt we will be told "in due course!
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