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?

[Manxman in exile]

On 02/09/2020 at 01:41, dx100uk said:

 

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

 

 

 

I thought when making an out of time application (which I presume the OP needs to do here) the enforcing authority can object and I would have thought that it would certainly be a valid objection if the reason the applicant never received any documentation was because* they hadn't updated their V5C address with DVLA?  The reason they never received a PCN etc being entirely their own fault.  This being one of the reasons you need to keep your V5C address up to date.

 

Have I got that completely wrong?  (Not unknown!)

 

*I know it doesn't apply here because the OP says the address is correct and there were no changes around the time the PCN would have gone out, but I'd like to know the answer.

 

[dx100uk]

i've not seen the experts here state that it's tough luck you didn't get it because it was your fault, ....

 

that's a bit like the Private Parking Companies and their speculative parking invoices that result in a backdoor CCJ because since the ticket was issued your details to the DVLA have changed

 

and

like consumer debt buyers sending everything to an old address because you didn't tell your debt owners you'd moved.. 

both are a part of a valid reason to set aside any backdoor CCJ ...

 

i'm sure there are threads here whereby this situations exists...don't forget , it's not necessarily the OP trying to get out of the PCN, though it allows that process to be opened if there is one, but, it resets things to the discount period that can save money and remove bailiff involvement too .

 

dx

[London1971]

The out of time is for anyone who didn’t receive the PCN, for any reason.

[Manxman in exile]

On 04/09/2020 at 06:41, London1971 said:

The out of time is for anyone who didn’t receive the PCN, for any reason.

 

But an out of time application does not have to be automatically accepted by the Traffic Enforcement Centre, does it?

 

My understanding was (and I may be entirely wrong) that when an out of time application is made, the enforcing authority is given the opportunity to object to it by the TEC, and that the enforcing authority will do so as a matter of course if they have used the address supplied to them by the DVLA. 

 

Now the OOT process may be designed to accommodate "normal" delays when moving address or selling/buying a car, but if the DVLA have provided the wrong address to the enforcing authority because the Registered Keeper has either failed to notify them of a change of address or has delayed unreasonably informing the DVLA of a change, then I would expect the out of time application to be rejected by the TEC.

 

(I know this point shouldn't apply in this thread because the OP is certain there are no question marks about the accuracy of the RK's address details on their V5C, but I'm curious to know if others think I've got this right or think I've got it wrong. 

 

My point is that it can't just be assumed that an out of time application will be successful if the RK has contributed to the problem by not updating their address with DVLA in a timely fashion.  But I could easily be very wrong!)

[spaceman61]

Quite correct.

 

OOT applications are almost universally opposed by authorities because they take the view, rightly or wrongly, that if the matter has reached that far it is almost certainly due to the RK/Owner's own actions, either by not updating their details at the DVLA in a timely fashion or simply ignoring correspondence from earlier stages in the process.

 

This can of course be challenged before a district judge, either in person or on the papers, but it will cost a (normally) non-refundable fee to do this.