unknown Bus Lane PCN - now CDER - Notice of Enforcement - first contact for pcn I was unaware of

[BillyS]

Hi CAG'ers,

I've just received what looks like a standard letter from CDER group titled 'Notice of Enforcement' dated 12/06 giving me until the 26/06 to pay or have my goods seized.

The enforcement relates to a bus lane offence that I was unaware of from late summer 2022, (driving a motorbike signs change so frequently in London it appears I may have been unaware i'd strayed into one which isn't accessible to mbikes, but still was to bikes)

In checking the details on my v5 it seems I may not have updated my home address for that bike with dvla and hadn't been aware of any action to date. 

This Notice of Enforcement from CDER is the first document i've received. 

As this is a PCN, should I just settle up with CDER, both the 'debt' of £200+ plus 'compliance stage fee' of £75 or is there any advice on steps I should take to ensure the amount apparently due does not increase.  (I'm currently unemployed and can ill afford this amount, let alone any increases).

Any advice much appreciated.

 

[BillyS]

Thanks DX et al. 

PE2/PE3 completed, scanned and returned (emailed) to Northampton for their consideration.

As to the reasons, while I have no 'proof' I was genuinely surprised that my address wasn't updated when I moved house, I would usually do this as a matter of course, I updated my other vehicle and would usually do all together.  This was all at the beginning of Covid (moved 1 week before the first lockdown) so things were a little crazy around then, I have no idea why or how this could have been missed otherwise.

[BillyS]

I submitted the PE2/PE3 by email on early last week, received automated response from TEC confirming receipt and that the process may take 6-8 weeks, particularly for the out of time application.  I'm rather nervous that I've had nothing in terms of confirmation of a pause in the action.

Does anyone know the process,  particularly whether I should hear that the form is accepted for consideration (rather than just automated email response that email is received) as it is apparently only at this point CDER pause their actions.  Also whether I will be informed as to the outcome, at least before CDER recommence enforcement action. 

[BillyS]

I would have to hope i'm home in order to record them, and forced entry wouldn't be necessary to seize my goods / vehicles, hence my preference in understanding what the process actually is (or at least should be) to try and ensure everything is correctly followed.

[BillyS]

To be clear, my vehicles (and other goods) are in publicly accessible areas.  'Forced entry' would not be necessary to gain access. 

So back to the question, does anyone know what the process is, in terms of communication points that should be expected, if any.

[BillyS]

Further reading has found the following,

"The Traffic Enforcement Centre will acknowledge receipt of your forms and will notify the council, Transport for London or Highways England (in the case of a Dart Charge) or Merseyflow that they must inform their relevant bailiff company to suspend enforcement for a few weeks while a decision is reached as to whether or not to accept your application and cancel the debt. 

As long as the forms are submitted to the Traffic Enforcement Centre by email before 4pm, all bailiff enforcement will be placed ‘on hold’ by midday the following working day"

"You will receive a decision from the Traffic Enforcement Centre approx 4 weeks after submitting your forms. If accepted, the letter will advise you that the Order for Recovery has been revoked.

You should receive a new Penalty Charge Notice from the council (or Dart Charge etc) a short while after. If refused, you will receive a letter from the Traffic Enforcement Centre advising that permission had not been granted to allow you to file your witness statement late (out of time)."

All that said, today I received a letter from the Local Authority confirming they are NOT CONTESTING the Out of Time Statutory Declaration, nothing yet from the TEC. 

Hopefully this means that the process is reset and I receive the PCN at the discounted rate stage and say goodbye to CDER in this instance.  I will continue to update the thread for completeness.

[BillyS]

In the 2 weeks since the last post, I've had nothing at all from Northampton so plan on contacting them tomorrow to confirm they have received the same information from Lambeth and case enforcement is cancelled officially.  

That said, Lambeth council have been in contact to inform me that, following the previous letter 'no contest' they have reset the PCN back to the initial stage, with discount, they have informed CDER that the matter is no longer with them and told me they informed Northampton (this was the initial letter I received from them referred to in my post above, July 13th).

With that in mind, and pending confirmation from Northampton that the enforcement actions are now over, I am now minded to pay the pcn at discounted rate for the bus lane contravention.

Just my opinion ...... The people I've spoken to at Lambeth council have been fair, engaging and helpful throughout our conversations and this process (opposite approach to the conversations with CDER).  A very pleasant change from the various Local Government, DCA's and Bailiff organisations I've variously dealt with over the years on similar matters.  In my view, a great example of how these matters could and should be approached.

[BillyS]

I no longer have any concerns relating to bailiffs.

Nonetheless, I would have expected proper notification from Northampton as to the revised legal status, as per all (albeit very limited) information published regarding the process.