DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Civil penalty charge notices (Councils, TFL and so ...
*****************************************************
#Post#: 65382--------------------------------------------------
Re: Unknown pcn from May last year. Text and call.
DIR By: stamfordman
Date: April 2, 2025, 6:59 am
---------------------------------------------------------
So indeed the contravention was 3 May 2024 and last logbook
issued 9 May 2024.
I would suggest paying the £280 to Marstons and then filing an
out of time declaration that highlights this very close call - a
few days later and you would got the PCN and other documents I
presume.
HTML https://i.ibb.co/rGcTvdQx/Screenshot-2025-04-02-at-12-52-39.png
HTML https://i.ibb.co/MDv6rp9M/Screenshot-2025-04-02-at-12-54-07.png
#Post#: 65385--------------------------------------------------
Re: Unknown pcn from May last year. Text and call.
DIR By: Brosmith
Date: April 2, 2025, 7:08 am
---------------------------------------------------------
I'm paying nothing.
They have admitted in 2 phone calls they sent docuntation to an
incorrect address as late as last November. They are meant to
check addresses after a first no response.
What is an out of time.
Besides now they want £560. They applied for a warrrent 4 hours
after I spoke to them. I have registered to this call. It is
obviously I haven't a clue what they are talking about.
#Post#: 65390--------------------------------------------------
Re: Unknown pcn from May last year. Text and call.
DIR By: MrChips
Date: April 2, 2025, 7:20 am
---------------------------------------------------------
Paying now will cap your liability. If your application to get
the PCN reset is refused then that cost will only increase from
here.
If your application is accepted you will get that money back.
#Post#: 65398--------------------------------------------------
Re: Unknown pcn from May last year. Text and call.
DIR By: Brosmith
Date: April 2, 2025, 7:45 am
---------------------------------------------------------
But, I'm not paying £560 and waiting for the refund which could
be months.
They have done wrong.
I will put a complaint in and to the FCa. God help they treat
everyone this way.
They have admitted I recieved nothing as it was sent to an
incorrect address.
These people are bullying crooks. It's despicable the way they
treat people. If I don't complain officially they continue to
get away with this.
Amazing that 4 hours after my first and original phone call that
they can get warrants in place, but they cannot answer basic
emails as quickly and leave md in fear of leaving my door open
on a sunny day or daring to drive Mt car on a public road.
#Post#: 65403--------------------------------------------------
Re: Unknown pcn from May last year. Text and call.
DIR By: H C Andersen
Date: April 2, 2025, 8:06 am
---------------------------------------------------------
You are talking nonsense I'm afraid.
Dismiss this if you wish, but on your own head be it.
Firstly, the enforcement agent is the council's agent. They take
instructions from the council, not you, and won't amend
procedure just for you.
Secondly, you are confusing two totally different but linked
procedures.
PCN enforcement
You wrote: They have admitted in 2 phone calls they sent
docuntation to an incorrect address as late as last November.
They are meant to check addresses after a first no response.
Wrong. The authority may only use the address supplied by DVLA
in response to their one and only request: 'Pl provide RK
details as at the date of contravention'. There's no iteration
or second-guessing if notices are not responded to, they
continue using this address up to the Order for Recovery and
issuing of a warrant. At which point..
Enforcement of warrant
Different procedures kick-in. The agent is required to undertake
checks to ensure that the Notice of Enforcement is sent to the
correct address. But any failures here have nothing to do with
the penalty which stands at circa £280.
But any beef you have with the agents must be taken up with the
council first.
Back to the penalty.
You claimed that you notified DVLA approx. a month before the
V5C was updated, therefore implying that you notified them of
the change several weeks prior to the date of contravention.
Where is your proof?
#Post#: 65414--------------------------------------------------
Re: Unknown pcn from May last year. Text and call.
DIR By: Brosmith
Date: April 2, 2025, 8:39 am
---------------------------------------------------------
So you are telling me, that of you move house, and you get a
ticket, just around the time you move house and it's sent the
wrong address because you actually dare to move house, then you
need to pay hundreds of £s through no fault of your own. Before
I bought this house 2 sellers withdrew from the sale just before
exchange and it all fell through. My exchange and completion
where the same day. That date changed a few times before it
actually happened! So you cannot notify dvla very far in
advance.
#Post#: 65421--------------------------------------------------
Re: Unknown pcn from May last year. Text and call.
DIR By: H C Andersen
Date: April 2, 2025, 9:24 am
---------------------------------------------------------
I'm asking you to substantiate your claim as regards notifying
DVLA.
And back to procedures. What happens when the scenario you
posted occurs is that prudent people arrange for mail
forwarding. But it's not compulsory.
And yes, the process grinds on to the NoE, the agent's duty,
even perhaps a visit, whether by them clamping a car or visit to
the house.
At which point owners have the right to follow the procedure
numerous posters have set out for you. This is YOUR chance to
explain why you did not receive the PCN and if the Traffic
Enforcement Centre are convinced then the whole matter is reset,
any monies paid are refunded and the owner makes their case to
the authority from scratch.
But owners need to engage in the proper manner and not think
they can circumvent procedure and vent their spleen against the
agent, after all they didn't issue the PCN neither have they
anything to do with the PCN enforcement process.
In your case you've neither told us when you vacated address A,
or when you notified DVLA or how(other than in vague terms) and
without these key facts IMO you limit your chance of success. Of
course it's possible that the V5C date on its own might suffice
when set against the contravention date, particularly if the PCN
was not served until after the V5C date.
But you seem so set on going your own way rather than supplying
these simple facts that you risk all the nuisance and
inconvenience which a visit from agents can bring.
#Post#: 65422--------------------------------------------------
Re: Unknown pcn from May last year. Text and call.
DIR By: stamfordman
Date: April 2, 2025, 9:25 am
---------------------------------------------------------
--- Quote from: Brosmith link ---
>
> So you are telling me, that of you move house, and you get a
ticket, just around the time you move house and it's sent the
wrong address because you actually dare to move house, then you
need to pay hundreds of £s through no fault of your own. Before
I bought this house 2 sellers withdrew from the sale just before
exchange and it all fell through. My exchange and completion
where the same day. That date changed a few times before it
actually happened! So you cannot notify dvla very far in
advance.
>
--- End Quote ---
The out of time declaration is designed to protect people in
your situation and if worded carefully should not be opposed by
Hackney. We are just trying to establish the full facts to help
you.
Paying the bailiff doesn't mean you lose the money - it will be
refunded if your declaration is successful. We are trying to
stop you being visited by the bailiff and having your car
clamped.
If you want to pay a modest fee for help we recommend:
HTML https://bailiffadviceonline.co.uk
And see:
HTML https://bailiffadviceonline.co.uk/latest-news/traffic-enforcement-centre-faq
#Post#: 65433--------------------------------------------------
Re: Unknown pcn from May last year. Text and call.
DIR By: MrChips
Date: April 2, 2025, 10:26 am
---------------------------------------------------------
We have another thread in similar circumstances running in
parallel with this one, so yes it does happen and the out of
time process provides a bit of a safety net. But there is no
guarantee that an out of time application will be accepted hence
it's safer to pay upfront now before the bailiffs add further
fees, just in case.
HTML https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/enforcement-letter-without-correspondence/
#Post#: 65439--------------------------------------------------
Re: Unknown pcn from May last year. Text and call.
DIR By: Enceladus
Date: April 2, 2025, 11:22 am
---------------------------------------------------------
--- Quote from: Brosmith link ---
>
> I'm paying nothing.
> They have admitted in 2 phone calls they sent docuntation to
an incorrect address as late as last November. They are meant
to check addresses after a first no response.
> What is an out of time.
> Besides now they want £560. They applied for a warrrent 4
hours after I spoke to them. I have registered to this call. It
is obviously I haven't a clue what they are talking about.
>
--- End Quote ---
You've mentioned £560 several times. £280 would be correct for
one PCN at the bailiff compliance stage (£130+£65+£10+£75). If
the bailiff visits then they can add £235 for the enforcement
stage. But only one lot of £235 no matter how many PCNs they're
trying to enforce. So if they had visited, even at your old
address, they might be demanding £515 but not £560.
£560 suggests that there maybe another PCN in play? Ring Hackney
and see can you check.
*****************************************************
Page 3 of 4
DIR Previous Page
DIR Next Page