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My vehicle was being impounded by the high court enforcement because of an unpaid contravention 34J Being in a bus lane.

This was issued on 11/05/2017 and my vehicle was being impounded by Equita on 18/07/2018.

 

Luckily I arrived to my car on time and after discussing with the officer I said I do not recall or ever heard of receiving a fine for being in a bus lane and if I did, I would always pay within 2 weeks.

 

He checked the system and said 7 letters were sent over the period of 1 year, however I received NO letters!

I am sure the address is correct where I am living, I trust everyone living in the house etc.

I always receive all letters including the council,

 

I have had PCN tickets from council before but for this particular fine nothing at all, how can this be?

This forced me to pay £513 up front!

 

The officer then giving all details needed and I was able to check the PCN online and now have the evidence of the contravention but no letters which is very strange!

 

I will be calling council to see why letters haven't been sent but I can image they will just be saying "we have sent them" here is a video clip of the contravention that was not known to me until I caught the officer impounding my vehicle:

 

vimeo.com/285471611

 

After viewing the footage I've accepted the contravention but not paying £513 as I have received no letters,

what can I do about this and how could of this happened?

 

I would be willing to go court if I fighting chance...

do they not need to provide evidence for letters sent?! :!:

Plus can we not go in a bus lane to make a left turn?

 

Thanks!

Edited by dx100uk
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Equita were NOT enforcing this debt as High Court Officers.

 

From the amount charged, it would appear that the penalty charge notice has been issued by a London local authority.

 

What you need to ascertain is the date of the contravention. The local authority would have made a request to DVLA to ascertain keeper details. Correspondence would have been sent to that address.

 

Had you moved address?

If so, did you update your address details on your V5C (Log Book)?

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Some confusion cleared, Equita is stating the address they have on file is my new correct address.

However the council has confirmed letters were sent to my previous address. I have contacted Equita to find out where they have got my new address from and they said the request only comes from the council. The council has argued they have not given the new address to them and they got it elsewhere.

 

So the council has been sending all correspondence to my previous address while Equita found my new address somewhere. The contravention was issued on 11th may 2017 which at the time held my previous address. I moved to my new address on June 2017 which explains why I received no letters.

 

Where can I go from here?

Do I need to submit a Statutory Declaration Out of Time application?

Edited by karimali831
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Where can I go from here?

Do I need to submit a Statutory Declaration Out of Time application?

 

Yes. This is the correct route. You will first need to find out what the contravention related to as this will determine whether you need to file an Out of Time statutory declaration (forms PE2 and PE3) or Out of Time witness statement (forms TE7 and TE9).

 

PS: You will also need the Penalty Charge Notice number (beginning with two digits and followed by eight numbers).

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