Returning multiple PE2 and PE3's for unknown PCN's following Bailiff Letter

[Bailiff Advice]

Can I just be clear here...

 

The Barnet contravention dated 22nd Oct 2019 requires both the PE2 and PE3 but the other 3 PCN's only require the PE3. 

 

In other words, you only have to submit ONE Out of Time Statutory Declaration and for the other three contravention,  they only require a Statutory Declaration.

 

If I am correct, the good news is that for the 3 contraventions where you are still within time to submit Statutory Declarations, these will AUTOMATICALLY be accepted and new Penalty Charge Notices will be issued by Camden and Ealing Councils allowing you to either pay the charge at the earlier rate or alternatively; to make representation (assuming that you have grounds etc). 

 

When you moved, did you update your driving licence?

Have you now updated your V5C (Log Book)  and if so, when?

[Bailiff Advice]

19 hours ago, dx100uk said:

you don't need to really to put anything as to why didn't receive the NTO/NOE/PCN.

 

simply state , i have received no prior communications of any kind until prior to the Notice Of Enforcement From A Bailiff Company dated xxxx

 

 

 

Can I just correct you here DX. 

 

If a motorist is submitting  an 'In Time' Statutory Declaration' (in other words, the Stat Dec is submitted to TEC within 21 days of the Order for Recovery being issued, then he will only need to provide a brief outline such as:

 

'I would like to request that the debt registration be cancelled and a new Penalty Charge Notice issued as I was unable to pay the charge at the earlier discounted rate as I only became aware of this moving traffic offence a few days ago when I was able to collect items of post from a previous address'. 

 

His Statutory Declaration will AUTOMATICALLY be accepted and a new Penalty Charge Notice issued allowing him to pay at the earlier discounted rate. 

 

If however, the motorist is unable to submit a Statutory Declaration within 21 days of the Order for Recovery being issued,  (usually because he only became  aware of the Penalty after being contacted by a bailiff,) then he will still be able to submit a Statutory Declaration.

 

The difference between submitting the Stat Dec 'In Time' (i.e: within 21days of the OfR being issued) and 'Out of Time' (after the 21 days has expired) is that in ADDITION to submitting a Statutory Declaration, he will also have to submit a second  formal document to 'seek permission' to allow him to submit his Statutory Declaration LATE (in other words 'Out of Time'). Also, and this is very important, his application will not automatically be accepted. Instead, the Traffic Enforcement Centre contact the local authority to ask them whether or not they will allow the motorist to 

 

In doing so, he will be required to also complete form PE2 (entitled:  Application to file a Statutory Declaration 'Out of Time'. Crucially, on this form the motorist is required to provide HIS REASONS for filing his Statutory Declaration LATE (in other words, outside of the legally required 21 days from receipt of the Order for Recovery. And this is where there is always a problem. Motorists fail to understand this point.

 

It is ALWAYS the case that when completing form PE2 that the motorist provide the REASON why he could not file his Statutory Declaration within the legal timeframe. Such as, that he has only just become aware of the penalty because all prior correspondence had been sent to his previous address etc, etc. 

 

 

 

 

 

 

 

 

[Bailiff Advice]

For the 'in time' Stat Dec's ( the 2 Ealing and 1 Camden tickets) you merely need to ensure that you tick box number 1 (I did not receive the Penalty Charge Notice) and in the 'reason' box state:

 

'I would like to request that the debt registration be cancelled and a new Penalty Charge Notice issued as I was unable to pay the charge at the earlier discounted rate as I only became aware of this moving traffic offence a few days ago when I was able to collect items of post from a previous address'.

 

Also, don't make the same mistake that almost all motorists make when submitting these applications in that in the Applicant box ,(top right hand corner), they provide their name. This is wrong. In this box, you must provide the name of the issuing authority (in this case; either Camden or Ealing Council. 

 

For the 'Out of Time' application, it would be perfectly OK to state that it was only after receiving correspondence from a bailiff at your current address regarding this particular penalty that you decided to visit your previous  property to ascertain whether there was any items of post.  It would be wise to also mention that the property had been a house share with 7 other people. 

 

Out of Time applications have NOTHING whatsoever to do with the address on your driving licence. With all moving traffic and other contraventions, it is the information on the V5C (Log Book) that is relevant.  Therefore, you must state that you have updated your V5C to your current address. There is no requirement to state WHEN you did this. Kepp it simple. 

 

Finally, you will NOT be prosecuted for failing to update either your V5C or Driving licence any sooner. What is important is that you have now updated them.  

 

 

Edited November 3, 2020 by Bailiff Advice