Newlyn Notice of Enforcement- driving in a bus lane last july - help

[Big Amzz]

Hoping someone can help.

 

just got a 'notice of enforcement letter' through the door saying I owe £270 for a driving in bus lane violation LAST JULY.

 

This is literally the first time I've heard about it.

 

 

I moved house last June, so they must have been sending the letters to the wrong address.

 

 

But wondering why they're only sending letters to my new address now?

 

Is there anything I can do here? Or do I have to bit the bullet and pay?

 

Many thanks.

[maroondevo52]

Thread moved to more appropriate forum.

[Big Amzz]

Thread moved to more appropriate forum.

 

Thanks.

[dx100uk]

did you update DVLA on your licence changed of address

and V5 change of address swiftly?

 

if not, you might get a fine from them too on the way?

 

when was the offense?

when did you move?

when did you update DVLA?

 

the bailiffs would have traced your new address thats how they have found you..

[Big Amzz]

I let the DVLA know straight away.

 

 

Got a new license with my new address on it etc.

 

 

Even had a parking ticket sent to this address.

 

The offence was last July, I moved in June I think it was.

[dx100uk]

well done all good then

out of time witness statement me thinks

 

 

read this

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?460541-Baristow-amp-Sutor-PCN-amp-Non-Receipt-of-original-notice

[Bailiff Advice]

I let the DVLA know straight away. Got a new license with my new address on it etc. Even had a parking ticket sent to this address.

 

The offence was last July, I moved in June I think it was.

 

Sadly, it is people such as you that update their records in a timely manner who get caught in this dreadful trap.

 

What happens is this:

 

You were involved in a moving traffic contravention and the local authority then apply to DVLA for keeper details. At the time, your details had probably not been updated (it can take 4-6 weeks) and accordingly, the notice had been sent to your previous address. The following notices (Charge Certificate and Order for Recovery) had also been sent to the previous address and subsequently, a warrant had been issued...also to the previous address.

 

Regrettably, there is no provision in regulations (although there certainly should be) for a local authority to undertake another DVLA search before requesting a warrant. However....the enforcement compay do have the right to make enquiries and clearly have done so.

 

 

The route to getting the penalty charge notice rewound back to the Notice to Owner stage may only be achieved by submitting an Out of Time witness statement to the Traffic Enforcement Centre. This is a very simple application indeed and is all done by email. If you can get the forms over to TEC by 4pm today the forms will be processed and all enforcement of the warrant should then go 'on hol' sometime tomorrow morning.

 

Please post back with any help you need.

[Big Amzz]

Thanks for the advice. I'm going to get straight onto this tomorrow.

 

In the mean time, what should I do about the debt collectors?

[Big Amzz]

And just to be sure, do I have to do both the TE7 and TE9 forms?

[Bailiff Advice]

Yes you do.

 

You must make sure that you submit these forms as quickly as possible (and almost certainly before the date given on the letter from Newlyn's). Also, don't forget that the Traffic Enforcement Centre will close tomorrow afternoon and not open again until next Tuesday (bank holiday weekend).

 

PS: What is the date on the notice?

[Big Amzz]

Letter is dated 25th April and it says I have until 9/5/2016 to pay or agree an arrangement.

[dx100uk]

Thanks for the advice. I'm going to get straight onto this tomorrow.

 

In the mean time, what should I do about the debt collectors?

they are baiiffs not debt collectors....

DCA's are not bailiffs

and should never be cofused with baliffs

- a DCA has absolutely NO BAILIFFS powrs whatsoever

[Big Amzz]

My bad.

[Bailiff Advice]

Letter is dated 25th April and it says I have until 9/5/2016 to pay or agree an arrangement.

 

I am curious....did you receive the letter today or yesterday?

[Big Amzz]

I am curious....did you receive the letter today or yesterday?

 

Today.

[Bailiff Advice]

Letter is dated 25th April and it says I have until 9/5/2016 to pay or agree an arrangement.

 

Delivery to your home in 48 hours and the correct 'compliance' period. There are a couple of enforcement companies that would do well to share this example.

[ploddertom]

 

Letter is dated 25th April and it says I have until 9/5/2016 to pay or agree an arrangement.

 

 

 

Very generous for a change.

[lookinforinfo]

It's smack on isn't it PT as Monday is a bank holiday?

[ploddertom]

I think my calculation gives 2 or 3 spare days.

 

 

No doubt they are using CIVEAs guidance to use 14 calendar days from date of issue

and have not used the services of some of the mickey mouse mail services

which can take a week or more to be delivered.

 

 

Of course for an ordinary letter the savings against Royal Mail can only be measured in a couple of pence or so.

[Big Amzz]

Well I intended to appeal and sign the declaration at CC,

but had a family bereavement,

 

one thing lead to another and it just got put on the back burner.

 

I gave my wife money to pay off the payment plan we set up,

but she missed a payment and

 

today I come home to find this through the door:

 

 

I presumed this was something different as the original debt was only £270 and I reckon we paid at least half of it off.

 

But it's the same PCN I mentioned in this thread and it looks like they've doubled the debt.

 

Can they do this?

 

My wife saw the letter first,

panicked and rang the guy and set up another payment plan for double what I was already paying.

 

Obviously I'm an idiot for not appealing straight away.

Is there anything I can do now?

 

First thing I've done is sent an email to Newlyn asking for a breakdown of our debt,

what we've paid,

what charges they have added etc.

 

My wife rang County Court,

they've said I have to call Magistrates.

 

Apparently there was a form that come with the original PCN that I'm supposed to get stamped (which I never received).

 

I've also sent emails to council explaining the situation

 

Is there anything else I can do?

 

I hope I've not left it too late to get sorted.

[Big Amzz]

I've now got evidence that I informed the DVLA of my change off address before the council sent the PCN. So it's basically the council's fault and not my own.

[Bailiff Advice]

Firstly, as I mentioned in my post number 7, the ONLY way to resolve this is to submit an Out of Time witness statement.

 

You have not left it too late (although if you had of acted sooner you would have avoided the debt increasing by way of the enforcement fee of £235). Hopefully, if the forms are completed correctly, this fee will not be applicable in any event.

[Big Amzz]

Firstly, as I mentioned in my post number 7, the ONLY way to resolve this is to submit an Out of Time witness statement.

 

You have not left it too late (although if you had of acted sooner you would have avoided the debt increasing by way of the enforcement fee of £235). Hopefully, if the forms are completed correctly, this fee will not be applicable in any event.

 

I know I'm a total idiot for not doing sooner and for giving the bailiffs money.

 

Is the out of time witness statement the TE7 form?

[Bailiff Advice]

 

Is the out of time witness statement the TE7 form?

 

No, you need both the TE7 and TE9.

 

A very high proportion of these forms are not accepted as they are incorrectly completed or are submitted for the wrong reason. Any questions please ask.

[mariner51]

Did DVLA send you a new V5c? What is the DocRef date?

 

 

Simplest to pay the Bailiffs when they arrive (if you have the money/Credit card), rather than have your car seized.

The fee will prob increase, due to additional Bailiff visit.