Islington Council 2019 PCN Code 38JL - Keep left - Englefield Road - Now Equita Bailiffs saying Warrant of Control has been issued - is this out of time?

[farandwide123]

Date of offence:  Summer 2019.

Offence Code:   38JL

 

A council's debt collection agent just sent me a letter saying a formal Warrant of Control has been issued.  (no warrant information or number).     Is this correct? Can they do this after a year?

Edited September 1, 2020 by farandwide123
correcting opening line

[AndyOrch]

Wait and see if they do issue one...more importantly what date of issue is important....back dated post dated.

 

Andy

[farandwide123]

Date Notice issued: 26th August. (2nd Class Mail)  says a Warrant of Control has been "issued against you".

Date of PCN: 9th July last year! 

 

The last line of the letter states: "contact us upon receipt of this notice of intention."

[AndyOrch]

 

 

Time limit for taking control of goods

9.—(1) Subject to paragraphs (2) and (3), the enforcement agent may not take control of goods of the debtor after the expiry of a period of 12 months beginning with the date of notice of enforcement.

(2) Where—

(a)after giving notice of enforcement the enforcement agent enters into an arrangement with the debtor for the repayment, by the debtor, of the sum outstanding by instalments (a repayment arrangement); and

(b)the debtor breaches the terms of the repayment arrangement,

the period in paragraph (1) begins with the date of the debtor’s breach of the repayment arrangement.

(3) The court may order that the period in paragraph (1) be extended by 12 months.

(4) The court may make an order under paragraph (3) only—

(a)on application by the enforcement agent or the creditor;

(b)on one occasion; and

(c)if the court is satisfied that the applicant has reasonable grounds for not taking control of goods of the debtor during the period referred to under paragraph (1).

 

https://www.legislation.gov.uk/uksi/2013/1894/regulation/9/made

[farandwide123]

thanks.

 

Should I still wait and see if they issue an actual warrant ?

 

It's not clear that they really have yet?

[AndyOrch]

Yes because you have only been served notice at this stage.

[dx100uk]

Debt collection agency...not DCBL is it?

And def council pcn?

 

 

and not a PPC that got a CCJ against you?

[farandwide123]

A limited company on behalf of a London borough.  (No CCJ)

[dx100uk]

Stop playing secret squirrel

 

Name names

 

38JL...failing to observe a keep left sign?

 

Where... too?

[farandwide123]

would the advice change depending on the local authority? 

 

I don't dispute the allegation - I was lost in a borough I'm not familiar with - and of course I know that's no excuse.

[dx100uk]

A debt collection agent cant issue or threaten a warrant...

 

There are numerous failed to observe a keep left sign money making roads that have been successfully challenged.

 

Council

Debt agency

Where this happened

 

Cant see why you choose to play secret squirrel. This is anon  forum anyway 

[farandwide123]

ok here goes:

 

L.A: Islington 

Debt firm: Equita

Where:  Englefield Road [Zone T]   https://goo.gl/maps/sv7mjXtE6AEvR5bs9

CCTV: Yes

Offence Code: 38JL  - Failing to comply with a sign indicating that vehicular traffic must pass to the specified side of the sign.

 

In the pic above, i went through the middle shaded area (there was a large Bedford van trying to get through the left side)

[dx100uk]

that is a notoriously controversial sign

 

https://uk.search.yahoo.com/search?p=Englefield+Road+keep+left+PCN&fr=yfp-search-sb

 

did you receive the original PCN?

 

and Equita are bailiffs, they are not mere powerless debt collector agency -  you must act to avoid further costs being added.

[farandwide123]

what would be the best way to act going forward?

[dx100uk]

4 hours ago, dx100uk said:

did you receive the original PCN?

 

[farandwide123]

 

no pcn was ever received.

 

Which is why the letter they sent mid August was a shock and a half. 

 

 I decided to put in a GDPR request to get all data about this in my hands.

While awaiting this to come through, i got hit with this new "Enforcement" letter  which only just arrived yesterday.

[dx100uk]

what ever made you go GDPR sar route?

 

this is why it is SO important not to play secret squirrel as it leads you up the wrong path and you follow faulty advice.

so 8hrs later you get the correct advice:

 

you did not receive the original PCN so everything inc enforcement should be reset:

follow:

 

 

 

 

[Manxman in exile]

Are you the Registered Keeper of the vehicle with the DVLA, and is your address correct on the vehicle's V5C?

 

Don't just assume it's correct, dig out your copy of the V5C and make sure the address is correct.  (If eg you've moved house recently, people often remember to change the address on their driving licence, but forget to do their V5C).

 

If the address is wrong, that would explain why you have not received any documentation relating to this.  And if the address is wrong because you should have changed it with DVLA but you didn't, it makes it more difficult to extricate yourself from this.  (EDIT:  dx100uk is correct that it is possible to get this re-set by the Traffic Court, but if you contributed to the reason why you didn't receive the PCN by not updating address at DVLA, it might be more difficult)

 

So is your V5C address recorded correctly?

 

(And if it is now recorded correctly, is it at all possible that you may have changed address at around the time of the offence last summer and that the DVLA had a previous address when Islington requested RK details from DVLA?)

Edited September 2, 2020 by Manxman in exile

[farandwide123]

yes i'm the re. keeper and no address changes and no innacuracies on v5c.

[dx100uk]

the very fact that the above might be the very reason why they might not have received the PCN is actually a good point for the OP,

it's proof they never got the PCN and the LA must allow the appeal as there is thus evidence it was sent to the wrong address.

 

there is nothing in the legislation that says 'tough luck' you didn't update your V5C cough up!!

 

edit: glad to see you've not moved..so get on with the PE2/3 now.

[farandwide123]

PE2/3 both completed. Just need to get it witnessed and will send off.   

 

Many thanks

 

on the PE2 form, is it sufficient to simply state: PCN not received - only 2 bailiff letters a year later?

[dx100uk]

just not received.

 

can't harm you to ring Islington too and tell them what you are doing.

 

 

[Manxman in exile]

If the V5 details are correct (and were when the PCN would have been sent out) it's interesting that the first you know of this is a letter from the bailiffs a year later.

 

That must mean that you haven't recevied about four documents.  (A PCN, an Enforcement Order, a Charge Certificate and an Order for Recovery?  I'm never quite sure what the process is with moving traffic offences and how many different stages and documents there are).  I assume the bailiff's letter is correctly addressed?

 

Be funny if DVLA gave out wrong address...

[dx100uk]

but not very unusual..

[London1971]

Can’t hurt to give the elected head of Islington council a ring also as well as doing an Out of time request .

My friend did likewise and they Instructed  the bailiffs to release the clamp off his car, immediately and put the PCN back to its original charge.

 

Not just an anecdote I advised him to do this last week.