PCN mare!!**WON**

[pin1onu]

Any statutory notice for an offence that took place after you sold the vehicle must be returned as required giving what details you can about the sale of the vehicle in order to change your liability. Only the issuing authority is in a postion to make a decision based on the evidence that you provide.

What they are saying here is that you need to respond to the PCNs/Notice to Owner issued by the local council. On the Notice to Owner there is a box which you can tick which says that the contravention did not occur because I was not the owner of the vehicle. The DVLA have no power to cancel PCNs only the issuing council can do that.

 

You may be able to acheive the following with just a letter to the council but this may be a better way of acheiving the cancellation. Unfortunately it means revealing your address.

 

 

1. Obtain the background information on the PCNs in question (reference numbers etc)
   
2. Fill out an Out of Time Statutory Declaration that you didn't receive the paperwork. (you can do this for free at your local court)
   
3. Send the completed form to the TEC (Traffic Enforcement Centre)
   


1. If the OOT is accepted then this will stop bailiff action and return the process to the NTO stage. You will need to advise the bailiff of this.
   

[*]Ask for the NTO to be sent to your new address. (Advise the council)

[*]Wait to receive the NTO.

[*]At this point you can then put your case that you did not own the vehicle at the time of the contravention. You can include details of the sale and dates - including any evidence you have of when your paperwork was received by the DVLA. If you have bank statements showing a largish deposit around that time (i.e. proceeds from the sale) then that will further strengthen your case. You could also include witness statements and so on.

Hopefully that should be enough to put an end to this the matter and get the council chasing the rightful owner (sounds like they'll need a brave man to go and clamp the car:D).

 

In answer to one of your earlier questions PCNs are issued for authorities running De-criminalised Parking Enforcement. This power was made available to councils under the 1991 Road Traffic Act. What this means is that for parking infringements is now handled by a seperate, supposedly independent body, rather than the magistrates court. So you can't be arrested for non-payment or fined anything further.

 

What is supposed to happens is that you get a chance to pay at a discount rate for two weeks at the full rate for a further two weeks. Once that time expires assuming you haven't made representations or appealed then they apply to the Traffic Enforcement Centre (TEC) to get the "debt" enforced. This basically means that they get a warrant of execution and bailiffs come calling, adding their charges as they do.

Edited May 19, 2008 by pin1onu

[pin1onu]

Thai 1 Council 0.

 

I won yay! Thanks for the help peeps.

 

Nice one.