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DIR Return to: Civil penalty charge notices (Councils, TFL and so ...
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#Post#: 6094--------------------------------------------------
Re: London Borough of Newham for Unpaid Penalty charge
DIR By: ConfusedD
Date: September 26, 2023, 7:05 am
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--- Quote from: Enceladus link ---
>
> Let's see.
>
> The windowed envelope that the OfR arrived in has a hand
written new address?
>
--- End Quote ---
Yes -someone has handwritten it
--- Quote from: Enceladus link ---
>
> But does the OfR document itself have your correct and current
address? Or is it the old address?
>
--- End Quote ---
it had our old address
--- Quote from: Enceladus link ---
>
>
> Don't submit the PE2/PE3 until it's clear what you're going to
say about being late.
>
> Also you updated the V5c RK address on March 15th. The
contravention was Feb 25th When exactly did you move?
>
--- End Quote ---
We moved in December 2021, and completely overlooked updating
the address on the V5C. It wasn't until we sold one of our cars
in March 2023 that we realized the address had not been updated.
We took corrective action to update it in March 2023.
#Post#: 6103--------------------------------------------------
Re: London Borough of Newham for Unpaid Penalty charge
DIR By: ConfusedD
Date: September 26, 2023, 8:30 am
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Am I okay to submit the PE2 and PE3 forms now or should I
consider the advice of PEC whom I spoke again, which was to make
the payment and proceed with the forms?
I'm somewhat puzzled by this situation, but want to ensure that
I understand the contravention for which I received the PCN to
prevent future occurrences.
:(
#Post#: 6104--------------------------------------------------
Re: London Borough of Newham for Unpaid Penalty charge
DIR By: Enceladus
Date: September 26, 2023, 8:37 am
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PEC means ? Did you mean TEC (Traffic Enforcement Centre at
Northampton County Court)?
And whose number have you been phoning? Newham Council or the
TEC?
#Post#: 6105--------------------------------------------------
Re: London Borough of Newham for Unpaid Penalty charge
DIR By: ConfusedD
Date: September 26, 2023, 8:44 am
---------------------------------------------------------
--- Quote from: Enceladus link ---
>
> PEC means ? Did you mean TEC (Traffic Enforcement Centre at
Northampton County Court)?
>
> And whose number have you mean phoning? Newham Council or the
TEC?
>
--- End Quote ---
It's not PEC, sorry it's TEC. The contact number was in the OfR
and also included in the email where the administrative officer
sent PE2.
#Post#: 6113--------------------------------------------------
Re: London Borough of Newham for Unpaid Penalty charge
DIR By: fraser.mitchell
Date: September 26, 2023, 9:01 am
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OP, don't be under any illusions that this matter will be easy
to overturn and get you back to the original PCN penalty. In
most cases we see the bailiffs have already started and added on
their fee(s). You admit you were late updating the V5. The
council will receive your OOT via TEC, and have the right of
objection. If you can pay the OfR amount now, I would do so.
#Post#: 6121--------------------------------------------------
Re: London Borough of Newham for Unpaid Penalty charge
DIR By: ConfusedD
Date: September 26, 2023, 11:54 am
---------------------------------------------------------
--- Quote from: Incandescent link ---
>
> OP, don't be under any illusions that this matter will be easy
to overturn and get you back to the original PCN penalty. In
most cases we see the bailiffs have already started and added on
their fee(s). You admit you were late updating the V5. The
council will receive your OOT via TEC, and have the right of
objection. If you can pay the OfR amount now, I would do so.
>
--- End Quote ---
I understand that this situation is challenging , especially if
bailiffs have already become involved. But we haven't been given
any chance to see the PCN? The date of contravention is the 25th
Feb, and the address was updated on the 15th March. As you can
see, the time difference falls within the usual 28-day timeframe
for receiving postal PCNs according to legislation. but we're
just unlucky!
We have now paid the OfR amount (£204). However, as I mentioned,
I met the person living in our old address, and they handed me a
notice of enforcement dated 12th Sept 2023. This has added
another £75 for a compliance stage fee, which is paid as well
this evening.
However, on the reverse side of this notice, they've indicated
that if the payment is made after September 23rd, we will be
liable for additional fees and expenses. Given that today is the
26th, it's evident we will incur those as well. Is there any
potential for leniency in my case, even though I acknowledge our
significant oversight in not promptly updating the address?
[attachment deleted by admin]
#Post#: 6125--------------------------------------------------
Re: London Borough of Newham for Unpaid Penalty charge
DIR By: fraser.mitchell
Date: September 26, 2023, 12:15 pm
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I'm afraid the English civil law can be very harsh, as you have
found out. There is nothing to stop you from submitting an OOT
Statutory Declaration, even though you've paid, but as I said
before, it's unlikely to succeed. I say this because I've seen
too many V5 address cases on this forum to be optimistic.
#Post#: 6181--------------------------------------------------
Re: London Borough of Newham for Unpaid Penalty charge
DIR By: ivanleo
Date: September 26, 2023, 6:08 pm
---------------------------------------------------------
--- Quote from: ConfusedD link ---
>
> Is there any potential for leniency in my case, even though I
acknowledge our significant oversight in not promptly updating
the address?
>
--- End Quote ---
There is already leniency, because while DVLA could take out a
criminal prosecution against you for failing to update your V5C,
they are unlikely to do so. That spares you a criminal
conviction (that you would need to disclose in job applications,
could affect your ability to travel abroad etc).
I realise some aspects of VERA 1994
HTML https://www.legislation.gov.uk/ukpga/1994/22/contents
can seem
harsh, but it is what it is.
#Post#: 6284--------------------------------------------------
Re: London Borough of Newham for Unpaid Penalty charge
DIR By: ConfusedD
Date: September 28, 2023, 7:55 am
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I contacted the number in the Notice of Enforcement, updated my
address, and confirmed the payment of the debt and compliance
stage fee. After checking everything, OneSource Enforcement
Services confirmed that the account is closed with them.
Is there any chance of seeing the original PCN now so I don't
make the same mistake again?
#Post#: 6286--------------------------------------------------
Re: London Borough of Newham for Unpaid Penalty charge
DIR By: Enceladus
Date: September 28, 2023, 8:27 am
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The reason for the PCN is on the bailiff notice. Somebody drove
your car past the no motor vehicles signs on Browning Road. The
so-called flying motorcycle signs. See here.
HTML https://www.newham.gov.uk/transport-streets/browning-road-bridge-area-traffic-scheme
[img]
HTML https://www.cycling-embassy.org.uk/dictionary/flying-motorbike[/img]
Only busses, taxis and local resident permit holders are
allowed.
Edit: For some reason the picture of the sign I linked to isn't
visible
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