13 bus lane offences - now Newlyn Notice of Enforcement / Warrant of Control

[Bailiff Advice]

I have only just seen your enquiry and will provide advice in the morning. 

In the meantime, please note that Out of Time Statutory Declarations may only be submitted by you and NOT by your ex. 

 

How much roughly is the car that she is using worth?

 

Are you able to locate the V5C (Log Book)?

 

[Bailiff Advice]

The majority of these applications are REJECTED and almost always, because motorists fail to provide a REASON as to WHY they had failed to submit their Statutory Declaration at the right time (on receipt of the Order for Recovery). It is not good enough just to state that all notices had been sent to a previous address. 

 

The OP would need to explain HOW he came to know about the tickets. 

Next...and this is always the tricky part.....he would need to explain WHY he had failed to update his address details with DVLA.

 

If he has updated his driving licence (which by the way......most people do so when moving....then mention this and apologise for not realising that he also needed to update his V5C (Log Book). 

 

In this particular case, he should keep the personal details as to why the relationship ended to himself and instead; simply state on the forms that he moved address following the break up of a long term relationship (5 years) with his ex partner and that due to the stress of the relationship ending, and the UK being placed into nationwide 'COVID 19 lockdown' that he had failed to update his new address on the V5C. 

 

Important also to mention that when the relationship ended, he allowed his ex partner to keep the vehicle as it was vital to her employment and that it is now clear that all contraventions were in fact when she was using the car. I would stress that the vehicle is only worth approx  £200. 

 

Important to also stress that you are unable to update DVLA as you are unable to locate the V5C and as a consequence, you have have to make an application to DVLA for a duplicate. 

 

@TR4SPYYou will be required to provide a PE2 and PE3 form for EACH PCN number.

As there are 14 PCN's, you would be required to send 14 separate emails to the Traffic Enforcement Centre (one PE3 and PE3 in each email. 

 

Make sure as well that when sending the forms to the Traffic Enforcement Centre that you ensure that in the email subject box that you provide the following words.

 

Out of Time Statutory Declaration....PCN number xxxxx

[Bailiff Advice]

@TR4SPY You are confusing matters. What you have received is a Notice of Enforcement from Newlyn's. You have already mentioned a number of times that all 13 Penalty Charge Notices relate 'BUS LANE' contraventions. Therefore, you should be ticking box number 2  (Enforcement Notice (Bus lane contravention).

 

On the PE3, you should provide a short version of what you intend writing in the 'reason' box on form PE2. 

[Bailiff Advice]

We don't really  need to actually see the forms, but it may he helpful if you 'cut and paste' on the forum what you have stated in the 'reason' box on one of the PE3 forms. Have you typed or handwritten the forms?

 

As DX has quite rightly stated, solicitors charge a fee for witnessing these documents. The charge is £5 per document. You have 13 Out of Time Statutory Declaration which amount to 26 pages. At £5 per document you are looking at £130. 

 

County Courts do NOT make a charge but there are pitfalls to consider if you wish to take this option:

Many courts will not witness the forms without  a prior appointment. Only today, a motorist informed me that the earliest appointment that he could get to witness his forms was  for 19th November. 

 

Secondly, many courts will limit the number of forms to no more that 5 or 6 applications at a time. 

It would be worth your while calling your local County Court in the morning to make enquiries. 

[Bailiff Advice]

Just a suggestion:

 

I only became aware of this Penalty on 8th November 2021 when I received correspondence from a bailiff company at my current address. From enquiries made, all previous notices from the council had been sent to my previous address at xxxxx. I was unaware of the correspondence as I had moved from that address following the break up of a long time relationship (5 years) with my ex partner.

 

When the relationship with my ex partner ended, I allowed her to keep the vehicle as it was vital to her employment. It is now clear that all contraventions were incurred by her without my knowledge.

 

I would like to emphasise that the vehicle in only worth approx. £200.

 

I would like to stress that when moving, I updated my driving licence. I was not aware at the time that there was any need to also update my V5C (Log Book). With moving address, I have been unable to locate the V5C  and have since applied to DVLA for a duplicate.

 

 

 

[Bailiff Advice]

DX, 

Clearly there is a problem with the name provided on the forms. Are you OK with me sending a private message to the poster?

[Bailiff Advice]

It was only a suggestion. I understand your objection. 

 

[Bailiff Advice]

TR4SPY

I have a pm message. 

 

DX...Sorry, I was confused by your response. 

[Bailiff Advice]

Private message was certainly sent. 

[Bailiff Advice]

Thank you for responding to my private message. In the first instance, your forms read very well. Well done.

 

Whenever an Out of Time Application is submitted, the NAME must be the same as the one stated on the Penalty Charge Notice. In your particular case, you have a  foreign first name and surname.

 

It would appear that when the vehicle had been registered, the Log Book was issued with two very slight mistakes in your name. Your first name had an error with the first letter and the surname had a slight error as well in that instead of the letter Y it was registered as letter J. 

 

I can assure you that in most cases, the Traffic Enforcement Centre would not even notice the mistake. 

 

There is 2nd mistake as well but I would not bother with changing that.  On the Form PE3 where it ask for the name of the Applicant....you are supposed to state in this box the name of the local authority which issued the ticket. You provided your full name in this box. It is an extremely common mistake so I would not worry. 

 

The  other mistake that you made was that you did not need to also provide any middle names. 

As your driving licence is in your correct name, that should be sufficient for TEC to confirm to them that you are the same person.