2 Year old PCN / CC / OFR sent without house number

[bigkahuna666]

Hi all,

 

a bit more than a month ago

I received a 2 year old PCN from southwark that I had completely forgotten about.

 

 

I noticed the letter had no house/door number.

It looked like one of the neighbours put it on the envelope in pencil and then delivered.

 

 

I ignored it as I believe I don't think that it is enforcable without having officially delivered

and having my full address on it?

 

 

As far as I am concerned it could be someone else on the street.

The post lady however knows ofcourse that it must be me and keeps dropping them with my other mail.

 

 

I have received a CC a few weeks ago and finally yesterday the OFR.

The first 2 letters I opened, but the OFR I have not opened.

Am I right in thinking that writing undeliverable -

no house number on the envelope and returning it will get me out of this,

or at least they realise they cannot chance it any longer and have to enquire with the DVLA to get my full details?

 

 

I don't even have the vehicle anymore, which is probably why they cannot get the details

and just rely on a vague memory from a previous PCN?

 

Any insights into address field legalities would be much appreciated as I cannot seem to find anything online about it.

[Michael Browne]

Hi all,

 

a bit more than a month ago I received a 2 year old PCN from southwark that I had completely forgotten about.

This doesn't make sense. If you already knew, but had forgotten about it, you can't just have received it.

 

I suspect what you received a month ago was a Notice to Owner. Is that right?

[bigkahuna666]

This doesn't make sense. If you already knew, but had forgotten about it, you can't just have received it.

 

I suspect what you received a month ago was a Notice to Owner. Is that right?

 

Sorry, yes, of course! NTO, not PCN! Thanks for pointing out!

[Guest]

is this the background?

http://www.consumeractiongroup.co.uk/forum/showthread.php?456944-Lambeth-PCN-NTO-CC-procedural-impropriety

 

ps edit. seems is just the above one?

[Michael Browne]

Your mistake was to ignore the NtO and not make representations then, since the council must serve the NtO within 6 months of the PCN. You could have knocked it on the head there and then.

 

Now it's more complicated. The OfR gives details how to submit a witness statement to TEC, but you would have to declare that you never received the NtO, although given it has no house no. on it , is feasible.

 

Did you appeal the PCN at the time iie 2 years ago? If so, did you receive any reply from the council

[bigkahuna666]

is this the background?

http://www.consumeractiongroup.co.uk/forum/showthread.php?456944-Lambeth-PCN-NTO-CC-procedural-impropriety

 

ps edit. seems is just the above one?

 

No, the above background was a different one. I actually managed to appeal the LA decision with an adjudicator and he agreed with me that it should be cancelled.

[bigkahuna666]

Your mistake was to ignore the NtO and not make representations then, since the council must serve the NtO within 6 months of the PCN. You could have knocked it on the head there and then.

 

Now it's more complicated. The OfR gives details how to submit a witness statement to TEC, but you would have to declare that you never received the NtO, although given it has no house no. on it , is feasible.

 

Yes, I will just proceed this way, ie sending the witness statement pointing out that neither the CC had a door number nor the OfR and hence leads me to the believe that no NtO was received due to the same mistake.

 

Did you appeal the PCN at the time iie 2 years ago? If so, did you receive any reply from the council

 

I think I never appealed the PCN, because I never received a NtO until now.

[Guest]

No, the above background was a different one. I actually managed to appeal the LA decision with an adjudicator and he agreed with me that it should be cancelled.

ok. cheers. (can you add a note to that thread, saying such, for closure on it.)

[bigkahuna666]

I completely forgot after all the waiting game. :/ Just updated the old thread. Thanks!

[bigkahuna666]

Your mistake was to ignore the NtO and not make representations then, since the council must serve the NtO within 6 months of the PCN. You could have knocked it on the head there and then.

 

Now it's more complicated. The OfR gives details how to submit a witness statement to TEC, but you would have to declare that you never received the NtO, although given it has no house no. on it , is feasible.

 

Did you appeal the PCN at the time iie 2 years ago? If so, did you receive any reply from the council

 

Hi,

 

so good news is, it's all rolled back. Bad news is that I just received the NtO again, with the same mistake on the address line again, so thanks mister post(wo)man for knowing too well where to drop this

Anyhow, as this NtO is 2 years too late, am I right in assuming that this is unenforcable?

I read somewher years agoo that PCNs are only valid for 1 year (if no further correspondence received), no I hear 6 months? Is that true? Can I just say that the time to enforce has lapsed and appeal on said grounds?

 

Thanks in advance everyone!

[Michael Browne]

Anyhow, as this NtO is 2 years too late, am I right in assuming that this is unenforcable?

 

No, it is enforceable. Having had your witness statement accepted the council are entitled to re-issue an NtO.

 

So now you can either make a formal representation against the original contravention or pay the full penalty.

[Jamberson]

An effective defence, if you are willing to attend an adjudication hearing if necessary, is that you cannot defend the charge at this point as the alleged contravention was so long ago. Adjudicators have upheld that line for PCNs much more recent than two years.