PCN - newlyn Warrant of control - Notice of enforcement query

[rocky_sharma]

Yes that is correct.

 

The v5c with current address shows the date after three weeks of the contravention that's what I meant to say.

Apologies for the confusion.

 

Looking forward to your response on this.

Planning to get the forms witnessed in about hour so your help is greatly appreciated.

[Bailiff Advice]

I am now assuming that before you updated your V5c in July 2016 that the V5c had the adress of Property A.

 

When did you move from Property A?

 

When did you move from property B?

 

What date did you move into Property C (which I assume was July 2016)?

[rocky_sharma]

I am now assuming that before you updated your V5c in July 2016 that the V5c had the adress of Property A. (No the address on v5c was the address of property B)

 

When did you move from Property A? Feb 2013

 

When did you move from property B? July 2014

 

What date did you move into Property C (which I assume was July 2016)? June 2016

 

I have been updating my v5c regularly but not sure why DVLA records are not getting updated.

 

DVLA not having my records up to date is the problem

as I had PCNs issued when I was living at my previous address

 

 

but due to the same reason (sent to old address)

I was able to get the owner to notice re initiated

and pay the charge as discounted rate

 

 

the only difference this time is I have got enforcement notice this time.

[Bailiff Advice]

This is so damn confusing. I think that I am going to have to read back on all your previous post. I will do that now.

[rocky_sharma]

@ "Bailiff Advise" - Are you clear on my issue or still confused? To make thsi straight forward this issue is due to DVLA not having my up to date record even though I have been updating my V5C regularly.

[Bailiff Advice]

Where I am getting confused is because, in previous posts of yours dated 16th August 2015, you posted the following:

 

Quote

I have just came to know about two PCN notices sent to my old address. Those notices have been sent in April when the contravention occurred however I changed the address in July end last year and also have my V5C with current address since then.

[rocky_sharma]

what is the confusion

it is very clear that I moved to my old address in July 2014

(I also update my v5c after that) and contravention occurred in April 2015

(way after moving to another property and updating my v5c).

[Bailiff Advice]

You say that you moved from Property B in July 2014 and that you then moved into Property C in June 2016. There must have been another property that you moved into between the period June 2014 to June 2016. But then again, on 16th August 2015, you did state that your V5C had your CURRENT address.

[rocky_sharma]

I am extremely apologetic, mistakenly put the dates when I moved in. Please see below with all the corrections.

 

When did you move from Property A? July 2014

 

When did you move from property B? June 2016

 

What date did you move into Property C (which I assume was July 2016)? 28th June 2016

[Bailiff Advice]

I sent draft wording to you this morning (which I considered should have sufficed).

 

You responded to say this:

 

Quote

Bailiff Advice - Thanks for the information. I would like to inform you that the communication regarding PCN went to my old address, even the one I used to live before the previous one

 

You then state this:

 

Quote

So seems like DVLA has not updated my record on their side even when I have been updating address on my V5c.

 

 

Can I just say, I have never before come across any situation where if a perosn updates their records on the V5C that the DVLA records are not updated at the same time.

 

rocky_sharma said:

I am extremely apologetic, mistakenly put the dates when I moved in. Please see below with all the corrections.

 

When did you move from Property A? July 2014

 

When did you move from property B? June 2016

 

What date did you move into Property C (which I assume was July 2016)? 28th June 2016

 

 

I think that I may know where the confusion is:

 

You moved from Property A in July 2014

 

Did you then move into property B and stay at property B for 2 years until moving out in July 2016 or was there ANOTHER address in between?

[Jamberson]

[deleted] - didn't see latest replies.

[rocky_sharma]

There wasn't any other property in between.

 

Stayed at property A moved to B and then C that's all.

 

Also updated my v5c accordingly in timely manner

I have a strong feeling that something is definitely wrong on DVLA side of the system or may be in the communication between council and DVLA.

 

Do you think that the wording you provided in the morning will not suffice?

and if that is the case are you going to provide me with altered statements?

Let me know so that I can plan accordingly.

 

I definitely want to submit it tomorrow,

I have arranged a solicitor as well for witnessing my signature

also have documents to prove that I moved to current address before contravention

and v5c with current address and will also send the scan copy of those as proof.

 

Just waiting for your advise as I want to make sure it doesn't get rejected.

 

I would like to mention two things here that

 

Address A is when I bought my car and also when I called TEC

the representative told me immediately after taking my PNC number and name that I am looking for out of witness form because I moved to a different address and then moved again.

 

Representative also confirmed that I need to fill in forms PE 2 and 3 and as soon as I send those back they will inform the council to suspend the order.

[Bailiff Advice]

I have read and reread this thread many times and I come back each time to your comment that you moved into your current address in June 2016 and that the contravention occurred in the same month and it was during July that you updated your records with DVLA.

 

When a contravention occurs, a statutory number of names must pass before the local authority can approach DVLA for keeper records. It seems that you were in the unfortunate position where the search of DVLA records was a couple of weeks before DVLA had processed your request to amend your Log Book. It really does seem that it is a simple as that.

 

The wording that I provided to you yesterday was to demonstrate to the local authority that you acted responsibly by updating your address details. Your case seems to be one that is just unfortunate.

 

I would suggest that you provide a copy of the updated V5C with your application as well. That will show the date that the logbook was updated and will again demonstrate that you have acted responsibly.

 

PS: In the short box on the PE3, I would suggest that you change the wording that you were intending putting ("I was not aware of it") and replace it with something more suitable such as:

 

Enquiries with the local authority have revealed that this penalty charge relates to a contravention that occurred in the same month that I moved into my current address. I updated my V5C with DVLA shortly after the contravention and accordingly, all notices from the council went to my previous address without my knowledge

.

 

Once last suggestion, it is always better to type the forms as opposed to handwriting them.

[rocky_sharma]

Ok thanks for the advise but contravention occurred in July and I moved to property C at the end of June. Apologies again if I have posted incorrectly.

[Bailiff Advice]

In that case, you only need to make a very minor change to the wording that I provided to you.

[rocky_sharma]

here is the modified version by me please advise on any issue with it so that I can submit it today.

 

PE 2 wordings

 

I was not in a position to file this statement any sooner as it was not until 6th May 2017 when I received a letter at my current address from a bailiff company, that I was made aware of this penalty charge notice.

 

From enquiries made with the enforcement company, it would appear that the penalty charge related to a contravention on 19/07/2016 and that all notices in relation to this matter had been sent to my previous address at xxxx.

 

Unfortunately, I did not receive any of the notices as I had moved from that address in July 2014.

 

Every time when I moved address, I updated my V5C (Log Book) with DVLA and also have the latest V5c which I received on 08/08/2016. I am attaching a copy with this application.

 

As I had not received any of the previous notices from the council, I was unable to pay this charge at the earlier discounted rate and I am now being pursued by bailiffs. If this application is accepted and a new Notice to Owner issued, I will ensure that payment is made by return.

 

PE 3 wordings

 

"Enquiries with the local authority have revealed that this penalty charge relates to a contravention that occurred in the month following the month I moved into my current address. I updated my V5C with DVLA shortly after the contravention and accordingly, all notices from the council went to my previous address without my knowledge."

[Bailiff Advice]

Do you still have a copy of your previous V5C logbook ?Can you have a look at the bottom left hand corner on page 2 (entitled: For Office Use Only) and let us know what date is showing in that box.

[rocky_sharma]

No unfortunately I don't.

 

Any update? I will have to go to solicitor in next hour so please confirm the wordings so that I can sent this to TEC. Many Many Thanks to all for your help so far.

[Bailiff Advice]

I am really sorry, but we are going around in circles here.

 

You have said today in your above statement that all notices in relation to this penalty had been sent to Property A which you moved out of in July 2014.

 

I cannot see how this could possibly be the case given that in August 2015 you wrote on another thread that your V5C was showing your CURRENT address (this would be property B). That's my only query.

[rocky_sharma]

sorry I am not able to understand your confusion here. I moved out of property A in July 2014 means I moved into property B and also updated v5c so v5c was showing property B address but notices still went to old address A.

[Bailiff Advice]

No problem, in which case your statement must be correct.

[rocky_sharma]

so you agree with the wordings I have provided above for PE2 and PE 3?

 

I mean does all look ok?

[rocky_sharma]

Got the signatures witnessed so will send out the email today evening. Let's see.

[Bailiff Advice]

Today, I had a similar enquiry to yours and the debtor was so adamant that she had updated her address details on the V5C with DVLA. It trasnpsired that it had been her driving licence that she had updated and NOT her Log Book (V5C). Easy mistake.

[rocky_sharma]

I understand but trust me I have my own to do list for places where I need to change my address after moving to new property as it is not only V5C or driving license

there are bank accounts, loyalty cards, online accounts and even my car insurance provider so I update all of those it just that due to other commitments I don't get time to do everything in one go.

 

 

I also have my driving license with current address so it is also not an issue.

As soon as I sort this out I want to call DVLA and sort this address issue out once and for all.

 

By the way to further update on my issue,

I have submitted email to TEC today together will V5C and all the proof.

Do you know what action TEC will take next?