PCN and Enforcement Notice sent to wrong address

[cbgbs1234]

Hi All,

 

I went around to my old rented house this evening to pick up post and one of the letters was a Notice of Enforcement from Rundles.

 

It states that they are acting on behalf of my local Council and it relates to a PCN (being in a bus lane) from September 2016.

 

I moved house 2 weeks before the infringement happened and I didn't inform the DVLA until a later date about my change of address so I guess they had got the wrong address from the DVLA .

 

One of my current housemates (who lived in the previous house) was also around a couple of times to pick up post however this is the first time I am aware of this PCN. The tenants told us that on a couple of occasions the landlord had been around to pick up our post however she never forwarded it on.

 

Anyhow I would like some advice on where I stand seen as I was never given the opportunity to pay the original PCN.

 

Is this something I should call the Council about and agree reduced fee?

 

The total sum owed is currently £173 (Debt + Compliance stage fee).

 

The enforcement notice says I have 2 days from now to pay up before an enforcement agent come to visit (although they will be at the wrong house)

 

Any comments or help appreciated.

[honeybee13]

Hello and welcome to CAG.

 

I've moved your thread from the discussion forum to the main bailiffs one and left you a link to follow. People should be along with advice later.

 

My best, HB

[BankFodder]

Once they visit, you will add a further £235 to the bill.

 

I suggest that you call them, stop the visit and come to an arrangement – which will probably mean that you have to make an immediate payment.

 

I'm afraid everybody is likely to tell you that you should have informed DVLA more quickly about your change of address.

 

Once the visit is made – even if it is to the wrong address – the extra fee will be incurred and they are likely to find you eventually

[Bailiff Advice]

Unfortunately, since the scrapping of paper road fund licences, a significant number of vehicles owners overlook updating their V5C with DVLA when they move house. The government have stated that they are shortly going to be issuing guidance to the public on the importance of ensuring that their address details are updated promptly (not only for DVLA records but other agencies as well).

 

In case you had not done so, you must also update your driving licence with DVLA. Many people make the mistake in thinking that updating their driving licence has a dual purpose in updating the V5C....it doesn't !!!

 

When roughly did you update your V5C ?

[cbgbs1234]

Thanks for replies.

 

I roughly updated my address with DLVA 4 weeks after I moved.

 

Should I just pay it and be done with it?

[Bailiff Advice]

Yours is an EXCELLENT example of updating your V5C in a speedy manner !!!

 

If you wish, you can pay and and put the matter to the back to your mind or alternative, you do have good grounds to submit an Out of Time witness statement to the Traffic Enforcement Centre. If accepted (which should be the case in your particular circumstances) the penalty charge notice would be 'rewound' back to the Notice to owner stage.

[cbgbs1234]

Thanks for your reply.

 

I may look into an Out of Time witness statement.

 

I note another Bailiff Advice website offers this service.

 

I will give them a call tomorrow and see if it worth pursuing.

 

Part of me wants the Bailiffs to call to my old house and damage the front door so my ex-landlord is left with a repair bill and she purposely binned my post which is probably against the law.

 

Out of interest, if the debt was wound back to the 'notice to owner' stage what is the likely amount that would be owed?

Edited March 7, 2018 by dx100uk
merge

[Bailiff Advice]

Firstly, this debt is merely a civil debt and accordingly, there is no right to force entry into a property. Therefore, please put any thoughts of the bailiff damaging the front door of your previous property out of your mind.

 

Secondly, if the application were to be accepted, the re-issued NtO would likely be around £60.00 so there could be a potential saving of around £110. Hopefully this will help you decide whether or not it would be better to pay the amount requested and put the matter to bed (so to speak).

[cbgbs1234]

Thanks for information. Is the correct form to fill out TE7?

[Bailiff Advice]

It should be the TE7 AND the TE9.

[cbgbs1234]

My TE7 & TE9 were sent back to me for the following reasons:

 

The forms you have completed can only be used for parking contraventions that occurred after 31st March 2008. Please complete the enclosed PE3 and PE2 Statutory Declaration forms and return both forms together. Please note that your forms must be witnessed according to the enclosed guidance notes.

 

Doesn't made sense as I stated the date of offense correctly in Te7.

 

I have made payment of Enforcement Notice (although after the 6pm deadline) and hope this is the end of it.

 

Appreciate your help.