Newlyn PLC chasing for PCN £513

[Bailiff Advice]

I would be very surprised indeed if Croydon Council would agree to cancel this penalty. Instead, if you had not received any of the statutory notices, they would advise you to complete EITHER an Out of Time Witness Statement, or alternatively, an Out of Time Statutory Declaration. Without knowing what the contravention relates to, you cannot file any application. 

 

In submitting either application, you would be required to provided a REASON as to why you would not have received the Penalty Charge Notice. Has there been a change of address etc? 

 

[Bailiff Advice]

In my post number 11, I did mention that I would be very surprised if Croydon Council cancelled these PCN's and instead, they would advise you to submit Out of Time applications. I also mentioned that without knowing what type of offence the PCN's had been issued for, I could not advise you whether you would need to file an Out of Time Witness Statements (forms TE7 and TE9), or alternatively, Out of Time Statutory Declarations; (forms PE2 and PE3). 

 

Now for the difficulty......

In the vast majority of Out of Time applications, the REASON for filing the applications is because the motorist only became aware of a PCN when receiving a letter from bailiffs or even a personal visit. Worse still, when the motorist finds that his vehicle has been immobilised.

 

Enquiries will usually find that the REASON why the motorist had not received any previous notices....was because all correspondence had been sent to the address where his vehicle has been REGISTERED to on the contravention date. This would usually be a PREVIOUS address. The mistake that the motorist had made would be that when moving, he had failed to update his V5C (Log Book) with DVLA. Motorists have to update BOTH their Log Book AND Driving Licence......and this should be done online via the DVLA website. Wherever possible, avoid sending either of these documents in the post!!!

 

In your case, you have said that you have not moved, and that the address is correct. Granted, there may have been postal delays during COVID, however, for EACH PCN, there would have been 3 letters plus an additional letter from bailiffs (12 letters in total). For one letter to go missing for each PCN is believable, but for all of them to go missing.....not so believable. Are you absolutely sure about the address? Have you checked your V5C (Log Book). 

[Bailiff Advice]

Thank you for clarifying the position. As outlined in my above post, Out of Time applications are therefore applicable.

Edited April 6, 2022 by Bailiff Advice