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#Post#: 45710--------------------------------------------------
Notice of Enforcement sent to the wrong address
DIR By: ST RESUR
Date: November 15, 2024, 5:50 am
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Hello,
I do hope you can help me
We have received a Notice of Enforcement from Newlyn which was
sent to our old address and we only know about it as we bumped
into the new owners. I informed the DVLA in a timely manner
of the new address. Driving licence details of driver not
needed changing as he was my Son who has not changed his
address. I have been arguing with them and their client
Lewisham Council about this, but just seem to get standard
replies, with both parties telling me I should contact the
other! I now know after finding this site that this may not
have been the correct thing to do.
The timeline of events below:-
DATE OF CONTRAVENTION 04/06/24 (we do not dispute this)
On the 10th June our property was sold to new owners
14th June Penalty Notice was sent out to the old address
New log book has date of change on it of 18/06/24 which proves I
informed the DVLA in an acceptable timely manner
Enforcement Notice sent to old address dated 17th October 24.
I had no chance of paying this fine, and surely before sending
an enforcement Notice out Newlyn should check addresses .
The vehicle is actually owned by our small business and is
registered in our business name
I also today (before finding this site) sent all evidence back
to London Borough of Lewisham appeals department
I have not attached anything yet as I hope the above is
explanatory.
Thank you in advance
#Post#: 45717--------------------------------------------------
Re: Notice of Enforcement sent to the wrong address
DIR By: stamfordman
Date: November 15, 2024, 6:22 am
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What is the PCN for.
Post the enforcement notice hiding only name and address.
You have a solid case for a successful out of time application
to get the debt enforcement process rescinded as you changed the
logbook at the time of moving.
The one thing that you could have done was mail redirection.
I think we recommend you pay the debt to avoid escalation as a
bailiff visit adds £235 and then go through the out of time
process to recover the money (but the PCN will be reissued).
#Post#: 45729--------------------------------------------------
Re: Notice of Enforcement sent to the wrong address
DIR By: fraser.mitchell
Date: November 15, 2024, 6:50 am
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+1
Very important on the out-of time Witness Statement or Statutory
Declaration (PCN legislation decides which one)that the timely
update of the V5C is emphasised.
#Post#: 45733--------------------------------------------------
Re: Notice of Enforcement sent to the wrong address
DIR By: ST RESUR
Date: November 15, 2024, 7:05 am
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Thank you for your advice, and I will post the enforcement
notice.
Newlyn, when googled come up as debt collectors, not Bailiffs,
so I understand they cannot legally visit the premises?
Thank you for your advice re post redirection. I did this for
personal post but not the company post as I had informed all my
correspondents of the new address, as doing a change of address
for a business was over £600.00 and we only a small business.
The log book is in our business name. Please excuse scribbles
on the Notice. Also Newlyn have agreed to put the case on hold
until 19th November.
[attachment deleted by admin]
#Post#: 45734--------------------------------------------------
Re: Notice of Enforcement sent to the wrong address
DIR By: stamfordman
Date: November 15, 2024, 7:10 am
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Newlyn are bailiffs.
#Post#: 45737--------------------------------------------------
Re: Notice of Enforcement sent to the wrong address
DIR By: H C Andersen
Date: November 15, 2024, 7:21 am
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So:
The registered keeper is the company and this is stated on the
V5C;
Nothing is addressed to you or anyone else by name;
The contravention is moving traffic?
+1 to previous posts.
IMO, your priorities are:
To pay the bailiffs;
Accept that you must engage with prescribed procedure;
(
HTML https://www.londontribunals.gov.uk/eat/understanding-enforcement-process/moving-traffic-pcn-enforcement-process.
Only the person against whom the Order for Recovery was issued
may submit a Stat Declaration or, if a corporate body, an
officer of the company or other person authorised by the
company.
#Post#: 45768--------------------------------------------------
Re: Notice of Enforcement sent to the wrong address
DIR By: fraser.mitchell
Date: November 15, 2024, 11:38 am
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--- Quote from: stamfordman link ---
>
> Newlyn are bailiffs.
>
--- End Quote ---
The new legislation of 2014 changed the description to
"enforcement agents" who have to be certificated, and deposit a
bond for £10k the whole time they remain active as agents.
Newlyn will employ these "EAs", and no doubt finance their
bonds. They call themselves an "enforcement agent company".
Here's some light evening reading for the OP !
HTML https://www.legislation.gov.uk/uksi/2014/1/signature
and
HTML https://www.legislation.gov.uk/uksi/2014/1/signature
#Post#: 46067--------------------------------------------------
Re: Notice of Enforcement sent to the wrong address
DIR By: ST RESUR
Date: November 18, 2024, 10:26 am
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Hi
Many thanks for all the advice. I have paid Newlyn the full
amount requested. I would now like to take the advice and
issue an Out of Time Statutory Declaration. Ive noticed on
the form there is not alot of room to add in the reasons, is
this acceptable on a separate sheet, or should I just try and
squeeze it in. I see that I have to get it witnessed at a
Solicitor, and the fee is £5.00.? Also is there a time limit
on this as I am not back in UK until end of November, and I take
it you just post the form?, lastly it is a PE3 moving traffic
and any tips on how to set in out in the reasons?
Thank you again
#Post#: 46071--------------------------------------------------
Re: Notice of Enforcement sent to the wrong address
DIR By: stamfordman
Date: November 18, 2024, 10:35 am
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The declaration is free at a county court.
#Post#: 46081--------------------------------------------------
Re: Notice of Enforcement sent to the wrong address
DIR By: Neil B
Date: November 18, 2024, 11:16 am
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--- Quote from: ST RESUR link ---
>
> Hi
> Many thanks for all the advice. I have paid Newlyn the full
amount requested. I would now like to take the advice and
issue an Out of Time Statutory Declaration. Ive noticed on
the form there is not alot of room to add in the reasons, is
this acceptable on a separate sheet, or should I just try and
squeeze it in. I see that I have to get it witnessed at a
Solicitor, and the fee is £5.00.? Also is there a time limit on
this as I am not back in UK until end of November, and I take it
you just post the form?, lastly it is a PE3 moving traffic and
any tips on how to set in out in the reasons?
> Thank you again
>
--- End Quote ---
You should never try to squeeze the detail into that tiny space.
Put the whole thing on a separate typed sheet and refer to it as
'attached'.
Head the separate sheet appropriately. including pcn number.i.e
'attachment to form PE2'
Where your statement refers to addresses then write them out in
full and attach relevant evidence, i.e. of leaving and starting.
RUN YOUR DRAFT PAST US BEFORE SWEARING/WITNESSING.
And no, you don't post it. E-mail to tec@justice.gov.uk.
Put 'Out of Time Statutory Declaration' in the subject field.
You will get a auto email acknowledgement within a few minutes.
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