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#Post#: 55984--------------------------------------------------
Re: PCN Lewisham - Was not aware of penalty charge due to change
of address
DIR By: mos1991
Date: January 31, 2025, 6:33 am
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--- Quote from: Neil B link ---
>
> [quote author=mos1991 link=topic=3999.msg47237#msg47237
date=1732708426]
> [quote author=Neil B link=topic=3999.msg47172#msg47172
date=1732659561]
> Patience. You are not in immediate danger.
>
> It is likely that we will advise you to pay the enforcement
notice to prevent incurring further charges.
>
> This will not preclude you from talking action to get the
matter reset and you seem to have good reason to be hopeful of
that.
>
--- End Quote ---
Thanks. With regards to paying the enforcement notice, what
happens if I pay and then the PCN is reset? Would I be able to
recover any of the monies I've paid to Newlyn?
[/quote]
Sorry, I was a bit brief as limited time for me last night.
Incandescent has answered you and any refund will come from the
council if your application to the court is successful.
The reason we advise paying the enforcement notice amount is to
avoid incurring the additional fee of £235 stated on the notice
as a warning,
So what application do you need to make?
It's an Out of Time Statutory Declaration and you'll see members
refer to this as an OOT.
For now, download forms PE3 and PE2 which you can find on the
TEC or GOV websites.
DO NOT attempt to complete them before you fully understand what
they are and the difference between them.
It is very important to get them right and include the detail
they require.
So have a look, tell us what you think and ask any questions you
have.
------------
I note that Hippocrates has taken an interest and he has had
some success for the location concerned and might help you if we
can get you a new pcn.
[/quote]
Thanks all for the help so far and sorry for the sudden lack of
replies. Had some work and personal issues that took over. I
have now paid the enforcement fee as per the previous advice and
I'm looking to fill out the PE3 and PE2 forms, although would
appreicate some guidance on what specific information they are
after for each form. My current understanding is that on the PE3
form I should provide a clarification as to why I did not
receive the form (i.e. I did not live at the address it was sent
to) and on the PE2 form I need to give a more detailled
explanation of the timeline (i.e. when I informed the DVLA that
I moved and that despite this, subsequent correspondence was
still sent to my old addres)?
To answer another question as to why the DVLA's details say the
most recent logbook was issued in November, I have actually
moved home twice last year. I was initially living with family
for a temporary period shortly after the alleged traffic
infraction took place and moved into permannent accomodation in
November.
#Post#: 56586--------------------------------------------------
Re: PCN Lewisham - Was not aware of penalty charge due to change
of address
DIR By: mos1991
Date: February 4, 2025, 10:05 am
---------------------------------------------------------
Anybody able to advise on where I can find out how to fill our
the correct details on the PE3 and PE2 forms?
#Post#: 56618--------------------------------------------------
Re: PCN Lewisham - Was not aware of penalty charge due to change
of address
DIR By: fraser.mitchell
Date: February 4, 2025, 11:46 am
---------------------------------------------------------
The really key document is the OOT request, (the PE2), because
on that form you must explain why you are asking to submit OOT.
If this is because you totally forgot to update your V5
Registration Certificate when you changed address, then TEC are
likely to reject your application. You need good solid reasons
for submitting OOT because the council can object to it (they
can't object to an in-time declaration). If they object them TEC
are also likely to reject your application.
So please tell us more about the address issue. Date of move,
and date of V5 update after your move.
#Post#: 56713--------------------------------------------------
Re: PCN Lewisham - Was not aware of penalty charge due to change
of address
DIR By: mos1991
Date: February 5, 2025, 5:58 am
---------------------------------------------------------
Thanks. To clarify on the dates. I moved out of the property on
the 19th June, a few days before the contravention took place.
The initial PCN was apparently sent to this address on 5th July.
I notified the DVLA of the change of address on 14 July
(admittedly after the initial PCN was likely issued.)
Despite this, I didn't receive any of the follow up
correspondence to the correct address, once my change of address
was logged with the DVLA. According to the council, I was issued
a charge certificate on 13 August and a third notice (order of
recovery) on September 13, but these were both issued to the old
address, despite the change of details.
Would I essentially need to set the details mentioned above out
in the PE2/OOT form?
#Post#: 56730--------------------------------------------------
Re: PCN Lewisham - Was not aware of penalty charge due to change
of address
DIR By: fraser.mitchell
Date: February 5, 2025, 7:36 am
---------------------------------------------------------
--- Quote from: mos1991 link ---
>
> Thanks. To clarify on the dates. I moved out of the property
on the 19th June, a few days before the contravention took
place. The initial PCN was apparently sent to this address on
5th July. I notified the DVLA of the change of address on 14
July (admittedly after the initial PCN was likely issued.)
>
> Despite this, I didn't receive any of the follow up
correspondence to the correct address, once my change of address
was logged with the DVLA. According to the council, I was issued
a charge certificate on 13 August and a third notice (order of
recovery) on September 13, but these were both issued to the old
address, despite the change of details.
>
> Would I essentially need to set the details mentioned above
out in the PE2/OOT form?
>
--- End Quote ---
The council only obtain the V5 address once, in fact I think the
legal position is that they can only request it once for a
single vehicle reg. However, I think you might be close enough
to your move date with your V5 update, to submit at least a
reasonable Out-of-Time Statutory Declaration. Any reason for the
tardiness in updating your V5 at all ?
#Post#: 56733--------------------------------------------------
Re: PCN Lewisham - Was not aware of penalty charge due to change
of address
DIR By: H C Andersen
Date: February 5, 2025, 8:30 am
---------------------------------------------------------
Date of contravention: 25 June 2024.
PCN sent: 5 July
PCN delivered: 9 July.
Moved residence: 19 June.
Period between moving and contravention: 4 working days.
Do you have any evidence in support of your move? Did you move
direct or possibly go on holiday or perhaps stay in interim
accommodation? Did you always intend to keep the car or perhaps
considered changing it as part of your move.
Give us chapter and verse pl.
I am not concerned with when in July the V5C was actually
updated, you need to shift focus IMO to make a compelling
argument around the dates of contravention, PCN issue and
delivery and your move.
#Post#: 56744--------------------------------------------------
Re: PCN Lewisham - Was not aware of penalty charge due to change
of address
DIR By: mos1991
Date: February 5, 2025, 9:12 am
---------------------------------------------------------
I can probably locate some documentation to provide evidence of
my tenancy ending on 19 June. In terms of where I was living
during that period. I stayed with my partner for a few days
(from 20 June to 25 June). I then attended the Glastonbury
festival as a volunteer from 25 June (the infraction actually
occured whilst picking up a friend to drive to the festival) to
1 July and then once I returned on 1 July, I lived with
relatives for a period of a few months, whilst I waited to
complete on a house purchase.
I think the most useful bit of context, is that in the week
following the date of the incident, I was away at a festival in
which I a) did not have access to the documents and b) had
limited access to my emails. I also was initially unsure of how
long I would be staying with relatives, but once it became
slightly clearer that the completion on my property sale could
go on for a few months, I made the decision to re-register at my
relative, if only for a temporary period.
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