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#Post#: 65443--------------------------------------------------
Re: Unknown pcn from May last year. Text and call.
DIR By: Brosmith
Date: April 2, 2025, 11:52 am
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£560 Is the amount the call handler was demanding on my first
phone call, stating that the Baliffs or my car wouln be seized
if i didnt pay it immediately, even though, i reiterated it was
the first time id heard anything about this, and she even
admitting i knew nothing as they had sent everything to my
previous address.I have the recording of this call. Their
website states £280.
I was going through a divorce, I'd moved temporarily twice for
short periods. One 3 months and one 6 months. I was trying to
buy a house in a very difficult and competitive market after
covid. It's not as simple as " I moved house" And we all know
conveyancing takes longer than it should and can fail at the
last minute. Fortunately, I did buy a house and it is my current
property, which was updated on 9th May 2024
#Post#: 65446--------------------------------------------------
Re: Unknown pcn from May last year. Text and call.
DIR By: ManxTom
Date: April 2, 2025, 12:30 pm
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--- 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 ---
Instead of becoming indignant and irate and complaining about
Marstons and Hackney you need to focus on the advice being given
here. I'm no expert but I know enough that the posters here -
who are very expert - are trying their best to help you and to
prevent what you owe for the original infringement escalating
further or having your car clamped/towed away.
As others have said this is a strictly prescribed process that
doesn't allow any deviation. With the best will in the world
you aren't going to learn the process or know what to do
overnight, but the other posters here do know the process inside
out and know what you should do.
I advise you to go back, read all the responses again, and
answer all the questions you are being asked - regardless of
whether you think they are relevant or not.
eg What date did you notify DVLA of the change of address for
your car's V5C/logbook, and what evidence do you have of that
notification?
NB - when you notified DVLA of the change of address, you
didn't just notify them for your driving licence did you? You
have to do the V5C separately
#Post#: 65478--------------------------------------------------
Re: Unknown pcn from May last year. Text and call.
DIR By: Enceladus
Date: April 2, 2025, 11:56 pm
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--- Quote from: Brosmith link ---
>
> £560 Is the amount the call handler was demanding on my first
phone call, stating that the Baliffs or my car wouln be seized
if i didnt pay it immediately, even though, i reiterated it was
the first time id heard anything about this, and she even
admitting i knew nothing as they had sent everything to my
previous address.I have the recording of this call. Their
website states £280.
> I was going through a divorce, I'd moved temporarily twice for
short periods. One 3 months and one 6 months. I was trying to
buy a house in a very difficult and competitive market after
covid. It's not as simple as " I moved house" And we all know
conveyancing takes longer than it should and can fail at the
last minute. Fortunately, I did buy a house and it is my current
property, which was updated on 9th May 2024
>
--- End Quote ---
£560 is 2 x £280 and this amount can only be correct if there
are two PCNs that have been registered with the Traffic
Enforcement Centre at Northampton County Court and have had
bailiff warrants authorised. The bailiff's can't just make up
numbers, the amounts are defined by regulation, please see here.
Hence I still advise that you contact Hackney and ask the
question, are there any other outstanding PCNs?
And you haven't yet confirmed or provided any evidence that you
informed the DVLA of your new address prior to the 3rd May 2024.
If you did the change online I would expect that you received an
email acknowledgement from the DVLA? It would greatly help your
chances of getting the PCN reset if you can find something.
#Post#: 85829--------------------------------------------------
Re: Unknown pcn from May last year. Text and call.
DIR By: MrNeo
Date: August 15, 2025, 11:28 am
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[member=4986]Brosmith[/member]
Similar to what happen to me. It happen to me. Moved home just
few day after getting a ticket. DVLA (V5c) informed
straightaway! The first letter that I received AFTER 1+ YEAR was
the enforcement=£280, then I sent the Pe2/Pe3 and inform the
bailiff about this. Straightaway they sent someone to deliver a
letter and the bill is £515 now. That's a very expensive
letter!!!
I am going to ***** fight till the bones!!!!
#Post#: 85850--------------------------------------------------
Re: Unknown pcn from May last year. Text and call.
DIR By: 404BrainNotFound
Date: August 15, 2025, 2:19 pm
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The starting point is to recognise that liability for a penalty
charge notice issued under the London Local Authorities and
Transport for London Act 2003 arises once the enforcement
authority serves a penalty charge notice by post to the name and
address of the registered keeper as provided by the Driver and
Vehicle Licensing Agency pursuant to section 7 of that Act and
paragraph 2 of Schedule 1. Service is deemed to occur two
working days after posting unless the contrary is proved. The
process thereafter is prescribed in statute and the Civil
Enforcement of Road Traffic Contraventions (General Provisions)
Regulations 2022, namely the issue of a charge certificate
increasing the penalty by fifty per cent, the making of an order
for recovery under regulation 23, and the subsequent
authorisation of a warrant of control through the Traffic
Enforcement Centre at Northampton County Court under regulation
28.
On the facts as presented, the contravention occurred on 3 May
2024, and the V5C registration document was updated by the DVLA
on 9 May 2024. The key question is when the notification to the
DVLA was actually made and whether it preceded the date of
contravention. If it did, documentary proof such as the DVLA
confirmation email or contemporaneous evidence of posting will
be central to any application to set aside the warrant and
revert the matter to the original penalty stage. The correct
procedural route is to file a statutory declaration out of time
under Part 75 of the Civil Procedure Rules and regulation 23 of
the 2022 Regulations, using forms PE2 and PE3. The PE3 sets out
the statutory ground that the penalty charge notice was not
received. The PE2 explains why the application is made after the
expiry of the prescribed time. The Traffic Enforcement Centre
exercises discretion on whether to allow the application, and if
refused there is a right of review before a District Judge upon
payment of a fee.
It is essential to note that the enforcement authority is
entitled to rely on the address provided by the DVLA at the date
of contravention and is under no duty to recheck the address
unless the warrant is to be reissued under CPR 75.7(7) following
a return of "gone away" or similar. In this case, the fact that
Marston's agents sent notices to the former address as late as
November 2024 suggests either that the warrant had not been
re-sealed or that the enforcement address had not been updated.
This does not, however, invalidate the underlying penalty if the
initial service was deemed effective under the statute. The
correct approach is to challenge the enforcement on the basis of
non-receipt caused by the address change and DVLA processing
delay, not to attack the bailiff for behaviour that, whilst
perhaps discourteous, is largely irrelevant to the court's
determination of the underlying liability.
Pending determination of the out of time application, there is a
real risk that enforcement will proceed under Schedule 12 to the
Tribunals, Courts and Enforcement Act 2007. Under paragraph 18
of that Schedule, the enforcement agent may take control of
goods on a public highway by immobilisation or removal. This
power exists even if the warrant address is incorrect, provided
the vehicle is identified as belonging to the judgment debtor.
Accordingly, there are two immediate tactical options. First, to
file the PE2 and PE3 without delay, accompanied by any proof of
the date DVLA was notified, proof of moving dates, and a concise
chronology explaining the lack of receipt. Secondly, to request
the enforcement authority or its agents to place enforcement on
hold for at least 14 days pending the TEC's decision. Such a
request should be made in writing to Hackney Council's parking
services, not merely to the bailiffs, as only the council can
instruct its agents to suspend action.
The suggestion from some quarters that payment now will cap the
liability is correct in the sense that paying the compliance
stage sum of £280 would prevent the addition of the £235
enforcement stage fee under the Taking Control of Goods (Fees)
Regulations 2014. If the out of time application then succeeds,
that sum would be refunded. However, there is a countervailing
tactical risk that payment will be treated administratively as
acceptance of liability, and unless the application is properly
framed it may prejudice the equitable exercise of discretion by
the court. This risk is mitigated if payment is expressly made
"without prejudice" to the right to recover upon successful
application.
In practical terms, the most effective strategy is to prepare
and submit the PE2 and PE3 immediately, supported by a sworn
witness statement setting out the dates of the address change,
the method and date of notification to DVLA, the absence of any
mail forwarding, and the chronology of first knowledge of the
penalty. Attach documentary evidence including the V5C showing
the 9 May 2024 issue date, proof of house moves, and any
correspondence with DVLA. Send a parallel request to Hackney
Council to suspend enforcement. Retain copies of all
communications. If the application is refused, apply promptly to
the County Court for a review under CPR 75.5(2), where the
District Judge may take a more generous view if satisfied that
non-receipt was caused by DVLA processing delays outside your
control. This combined approach maximises the prospect of having
the case reverted to the £130 penalty stage and of recovering
any enforcement fees paid, whilst protecting against the
immediate threat of seizure of the vehicle.
#Post#: 85863--------------------------------------------------
Re: Unknown pcn from May last year. Text and call.
DIR By: H C Andersen
Date: August 15, 2025, 3:44 pm
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Start your own thread please...forum rules.
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