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#Post#: 52705--------------------------------------------------
Bailif enforcement - clamped after notice of enforcement for
Lewisham PCN that was never received
DIR By: maf239
Date: January 9, 2025, 3:19 pm
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Hi, apologies for the slightly long-winded post but I've just
come from home from work to find my campervan clamped, am
struggling with what my next steps should be and don't want to
be towed.
Please let me know if any further information is helpful.
Timeline:
- 18th December: I received a Notice of Enforcement from Newlyn
PLC informing me that I have not paid the money I owe to L B of
Lewisham - they have a warrant of control dated 14/11/2024 for
non-payment of a PCN (53J - fair cop I entered a pedestrian zone
a few minutes before it was no longer a pedestrian zone because
I didn't see the sign). I never received the PCN and this is the
first I had heard of the matter.
- 19th December: After some googling, I believed I needed to
submit forms TE7 and TE9 to the Traffic Enforcement Centre (TEC)
in order to buy more time and get the amount reduced to the
original PCN amount on the grounds that I never received the
PCN, which I am more than happy to pay. I scan these and email
them to the TEC.
- 23rd December: The TEC reply to my email saying that I in fact
need to file forms PE3 and PE2 instead in order to have the
amount reduced. Due to work commitments and other personal
matters I wasn't able to have the forms witnessed by a solicitor
(commissioner for oaths) until this week.
- 6th January: Newlyn PLC clamp my van and stick on a Warning of
Immobilisation. There was no attempt made to contact me via
phone or knock at the door (it was 7am - I was at home) - the
van was parked directly outside of the address they wrote to me
at
- 9th January: I come home from work and notice the clamp and
notice for the first time. I tried to phone the number of the
Warning of Immobilisation but there's no answer and the person
on the other end texts me saying to text instead, which I do,
explaining the situation. They are saying that I must pay £515
to have the clamp removed and they don't deal with disputes.
Link to photos of all the correspondence mentioned above:
HTML https://drive.google.com/drive/folders/1is8oum8fvKqUL7Jqc8_YQZdoRBFsfd28
I'm really not sure what to do as I can't really afford to pay
£500+, but am more than happy to pay the original PCN amount. Am
kicking myself for not submitting the right forms in time.
I was going to have forms PE3 and PE2 witnessed and send them
off to the TEC tomorrow regardless - should I still do this? Is
there anything else I can do to have the clamp removed so that I
can use my vehicle? I've not corresponded with Lewisham directly
and not sure if they can help or not!
Thanks so much for any help or advice anyone can give!
#Post#: 52712--------------------------------------------------
Re: Bailif enforcement - clamped after notice of enforcement for
Lewisham PCN that was never received
DIR By: maf239
Date: January 9, 2025, 3:35 pm
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Some more information that might be helpful...
I moved house (both houses within Lewisham Borough) in summer
2023 and completely forgot to update my driving license and
logbook address to the new one until I received the Notice of
Enforcement from Newlyn on 18th December 2024. I received an
updated driving license and logbook with my new address a few
days later.
The Notice of Enforcement did arrive at my correct (new) address
despite the address on my driving license and logbook being
incorrect, but I never received a PCN.
#Post#: 52715--------------------------------------------------
Re: Bailif enforcement - clamped after notice of enforcement for
Lewisham PCN that was never received
DIR By: H C Andersen
Date: January 9, 2025, 3:52 pm
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I drafted this while you were posting:
Is there anything else I can do to have the clamp removed so
that I can use my vehicle?
Yes, pay!
You were notified that you owed the following:
(penalty*150%)+£10+£75.
You did nothing other than Google and apparently picked the
wrong advice and submitted the wrong forms. Even when you were
notified by TEC you still had time to pay the NoE, but you
didn't. Instead you went beyond the payment date in the NoE and
left yourself open to the eye-watering Enforcement fee of £235
and a visit from the enforcement agent who clamped your vehicle.
I'd like to sweeten the pill, but I can't find any basis to do
so.
..except possibly..
Check your V5C and see if it has your correct address. If it
does then you might have grounds for a successful out-of-time
application to TEC which would see them order a refund of what
you've paid.
........
But the fault is wholly yours in that you did not keep your V5C
up to date.
Or is this wrong?
#Post#: 52718--------------------------------------------------
Re: Bailif enforcement - clamped after notice of enforcement for
Lewisham PCN that was never received
DIR By: maf239
Date: January 9, 2025, 4:11 pm
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Thanks for your reply - I appreciate this is largely of my
doing.
I was unaware that if I paid the amount requested in the NoE by
Newlyn then I could still get a refund of the difference if the
out of time application to TEC was successful, so I didn't want
to hand over any money. I must admit, I found the guidance on
the government and Lewisham council websites incredibly
confusing and unhelpful when I was trying to research how to
proceed after receiving the NoE, and unfortunately wasn't made
aware of FTLA until today. As I say, personal circumstances (and
the fact I was out of the country) meant that I was unable to
have the forms witnessed until now, so it was impossible for me
to file my out of time application any sooner.
The V5C now has the correct address. I appreciate that not
updating the address is entirely my fault and have definitely
learned my lesson.
It sounds like the only thing I can do is to pay Newlyn tomorrow
morning and continue with the out of time statutory declaration
application to see if I can get a refund, but please correct me
if I'm wrong.
#Post#: 52722--------------------------------------------------
Re: Bailif enforcement - clamped after notice of enforcement for
Lewisham PCN that was never received
DIR By: H C Andersen
Date: January 9, 2025, 4:40 pm
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IMO, correct.
#Post#: 52729--------------------------------------------------
Re: Bailif enforcement - clamped after notice of enforcement for
Lewisham PCN that was never received
DIR By: Neil B
Date: January 9, 2025, 6:37 pm
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You need to show us what you propose to write on the forms,
before getting them witnessed.
Based on your lack of knowledge so far it is unlikely you will
get them right otherwise.
Once you have paid the bailiff there is no rush to act.
#Post#: 52750--------------------------------------------------
Re: Bailif enforcement - clamped after notice of enforcement for
Lewisham PCN that was never received
DIR By: maf239
Date: January 10, 2025, 4:17 am
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Thank you, Neil - much appreciated.
On form PE2 (Statutory Declaration Out of Time) the relevant box
on the form is "My reasons for filing the Statutory Declaration
outside of the given time are as follows: (Do not give your
reasons for appeal against the original penalty charge on this
form)". I have drafted the following - please let me know if you
have any feedback.
I received a Notice of Enforcement from Newlyn PLC dated 18th
December 2023, which was the first notification I received
regarding this matter. I had not received the original Penalty
Charge Notice. Upon receipt of the Notice of Enforcement, I
immediately took steps to understand the process and my options.
I initially believed forms TE7 and TE9 were required, which I
submitted to the Traffic Enforcement Centre (TEC) on 19th
December 2024. The TEC informed me on 23rd December 2024 that
forms PE2 and PE3 were the correct forms to submit. Due to work
commitments and personal matters over the Christmas period,
including being outside of the UK, it was impossible to have the
PE2 and PE3 forms witnessed by a Commissioner for Oaths until
now. On 6th January 2024, my vehicle was clamped by Newlyn PLC,
who was exercising a warrant from Lewisham Council. This further
delayed the process as I had to prioritise addressing the
immediate issue of the vehicle's immobilisation. I am now
submitting these forms as promptly as possible following the
resolution of that urgent matter.
On form PE3 (Statutory Declaration - Unpaid Penalty Charge),
there's a tickbox to indicate that my reason is "I did not
receive the PCN", but there is a separate box "My reasons are
(give full reasons):". I wasn't sure whether to declare that I
had failed to update the address on my vehicle's V5C or not.
Assuming I should declare this, I've drafted the following.
Please let me know your thoughts.
I am filing this statutory declaration because I did not receive
the original Penalty Charge Notice (PCN) relating to the alleged
contravention on 1st July 2024 at Leahurst Road, Lewisham. The
Notice of Enforcement from Newlyn PLC, dated 5th December 2024
and received by me via post on 18th December 2024, was the first
communication I received concerning this matter. At the time of
the alleged contravention, the address on my vehicle's V5C
logbook was incorrect due to a recent house move within the
London Borough of Lewisham. I had neglected to update my address
details with the DVLA due to oversight on my part. Although the
Notice of Enforcement reached me at my current address, the PCN
was not served. I updated my address with the DVLA immediately
upon receiving the Notice of Enforcement. I am willing to pay
the original PCN amount but wish to contest the additional fees
due to not having received the initial PCN.
Many thanks again.
#Post#: 52775--------------------------------------------------
Re: Bailif enforcement - clamped after notice of enforcement for
Lewisham PCN that was never received
DIR By: H C Andersen
Date: January 10, 2025, 5:35 am
---------------------------------------------------------
OP, just a quick skip through the procedure.
You are submitting two documents. One is a statutory
declaration(SD) that you did not receive the PCN, the other a
submission why TEC should allow you to submit this out of time.
The council would be allowed to object to you being allowed to
submit your SD late-and would do so- in the face of which TEC
would not allow you to do so unless you provide a compelling
argument.
We have to examine your reasons for lateness in detail. If these
could be put into a compelling argument then TEC might be
persuaded.
So we need detailed timings pl.
Contravention occurred on..?
PCN issued...?
You moved...?
Are the basics.
#Post#: 52784--------------------------------------------------
Re: Bailif enforcement - clamped after notice of enforcement for
Lewisham PCN that was never received
DIR By: maf239
Date: January 10, 2025, 5:54 am
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Thanks.
- I moved house and failed to update the address on my v5c at
the beginning of August 2023
- Alleged Contravention occurred on 1st July 2024
- PCN was issued on the same day - 1st July 2024
- Warrant of control dated 14th November 2024 (according to the
notice of enforcement)
- Notice of enforcement issued 5th December 2024
- Notice of enforcement received by me at my new address on 18th
December 2024 (the first time I became aware of this issue)
- New v5c issued with updated, correct address for the vehicle
19th December 2024
- I was out of the country (so unable to file the correct
paperwork) from 27th December 2024 to 5th January 2025
- Vehicle clamped 6th January 2025
- I noticed the vehicle was clamped on 9th January 2025
- I paid Newlyn (the debt collection company) this morning, 10th
January 2025
Please let me know if any other information would be helpful.
#Post#: 52798--------------------------------------------------
Re: Bailif enforcement - clamped after notice of enforcement for
Lewisham PCN that was never received
DIR By: maf239
Date: January 10, 2025, 6:31 am
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Also of note, my alleged contravention is identical to the one
shiftar sought assistance with on FTLA here
HTML https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/lewisham-council-vehicle-entering-a-pedestrian-zone-leahurst-road-junction-with-/<br
/>and is in exactly the same location - the junction between
Leahurst Road and Fernbrook Crescent. Incandescent provided a
suggested representation challenging this, and although OP
hasn't replied with the outcome, I'm wondering if I would have
similar grounds to appeal if I can get the TEC to accept my SD
out of time.
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