13 bus lane offences - now Newlyn Notice of Enforcement / Warrant of Control

[TR4SPY]

Hello, today I have received 13 notices of enforcement from Newlyn. Yes, 13...

Long story short:
I was living in York for some time and I bought a car there.

In 2018 I moved to London and as well I have send a letter to DVLA to update my address, in the meantime I have realized that my first name and last name were misspelled, two letters were wrong, one in name and one in surname.

After 5 years of being in relationship, my fiancee decided she want to have fun and we split. She was using the car to commute to work so she kept the car and I kept other things.

 

Today I have received 13 notices of enforcement from Newlyn (278£ each which means 3 614£ all together) for "being in the bus lane". Enforcement details show Warrant of Control for Non Payment of Penalty Charge Notice and each notice have different contravention date as well as reference. I am 99% sure it was Her driving while she was commuting to work. Just in case, I have requested photos or videos of evidence to be sure I was not a driver.  Somehow they got my new address.

 

I told her many times to not drive in bus lanes as you never know, even if the hours are right its not 100% sure it will not be an issue. She ignored my warning and was doing it multiple times hence 13 notices.

 

My mistake here is that I didn't written the ownership to her, she was still driving on mine V5C  logbook.

 

She told me that she called Newlyn and gave the phone to her employer which was pretending to be me (I informed her that this is illegal and that Newlyn now gave the data to person that was not me) and in that way my ex fiancee and her employer got the information that the tickets were sent to old York address.

 

I checked it with DVLA and it turns out they never updated the address as well as my name, they probably lost my letter and my next mistake that I never double checked that, I completely forgot about it (my relationship was a mess plus covid, my head just wasn't there). The address on V5C is still York and it is still misspelled name and surname.

Apparently the lady on the phone told them (my ex and her boss) to pay 1 000£ until tomorrow and the rest (2614£) until 19th. All of the notices came today on 8th and are dated for 5th. 

 

Now, she is willing to pay the 845£ (65£ per each notice/ticket, original price without any fees or debts) as she knows she was the driver. She was the one that violated the bus lane rules multiple times. Therefore she is refusing to pay the rest which is 2769£ as she claim that it was my fault I didn't check if the address on V5C is correct.

 

At the end of the day, I did her huge favor by staying on logbook and that I stayed on insurance as a main driver (she don't have any NCB and she is young which means nobody wanted to insure the car for her without somebody experienced as a main driver). She was paying me the insurance as she is using the car but with me on it she don't have to pay thousands of pounds. Now she want me to pay for her violation of a bus lane. I know I am an idiot as I let her do it to me by simply staying on V5C.

 

My questions are:

-What could be the best option to both of us, so I don't have to take responsibility for those violations but also she not ending up paying almost 4k?

-Is the fact that the notice as well as V5C are under misspelled name and surname can be a reason for me to refuse paying, refuse them entering my property or taking my stuff?

-Can I tell them I am not the owner as my details are slightly different?

 

-I am waiting for them to send me evidence in form of pictures and videos but I am pretty sure I was not the driver, she was.

-Her boss called Newlyn and he spoke to them as me (which is illegal), if they will keep telling me that I confess or told them anything, can I simply deny and tell them that somebody was impersonating me and that they gave my details to somebody else which is GDPR data protection law violation?

 

-Will scrapping the car or selling it be any solution? 

-Also, the least important thing

- August this year I have bought myself a new car, which have correct address and correct name without any errors. Can they take my new car even though the owner name vary slightly and that I am not letting them in and I do not plead guilty? I haven't got any other assets.

 

I recently graduated university, I barely survive from my salary as I am still looking for a job in my field. I am renting privately. My new car is the only thing that I own and the old one that she took, I kept it under my name as she is still studying and have none NCB. I wanted to be a good person and not leave her without a car that she needs to commute. Now her careless driving is a treat to me and my possessions. Please help

[unclebulgaria67]

Why are you not 100% sure it was not you driving ?

 

If you were living in London on the dates the offences occurred in York, it cannot have been you driving.

 

The miss spelling of the name is not an issue.

 

Yes they can take the new car you own, if the amount due is not paid.

 

You need to get rid of your old car in York, as you have it registered in your name, but have no control over it. If you don't do this, you could end up in a worse position.

 

You could register a dispute about the contravention notices, saying that you were not the driver, but this might cause you other problems such as not updating the V5 registration document address with DVLA. The letter lost in the post is no excuse, unless you have proof of sending this. Did you update your Driving Licence to your London address ?

[TR4SPY]

We both moved from York. My ex was living with me when it occurred hence I'm 99% sure it was her yet I don't want to bet my life on it and prefer to have the evidence. It all happened in the Council of Ealing where her work place is.

 

It was her as I stopped using that car back then but it was year ago (July 2020 - November 2020), a lot of happen since then therefore I need to be 100% sure it wasn't me just in case that who was a driver will make a difference. 

 

Can she apply for out of time by using PE3 form, can that be justified by any way? She is willing to pay original price for PCNs but not the fees of the newlyn. It is quite weird that original price was 65 per each ticket but they are asking for 278. The fees are bigger than the original tickets.

 

I do not have any proof of sending the letter to DVLA sadly.

 

I thought if the name slightly differ, I can confuse them with that fact. If my passport would have misspelling they wouldn't let me in on a plane, but its no issue for them to chase somebody. Funny how it always work for them not for us.

 

Yes, my licence was updated when I moved to London. In York I was driving under EU licence, once I moved to London I exchanged it for UK one while giving the new London address. Which means I never had a UK driving licence with York address.

 

I am not going to pay for her violations of the law and frankly I think my mistakes shouldn't be a justification to make me pay 2 000 while she will pay only ~800. I know. I should have rewrite car for her straight away when she started using it on her own and when we split. But damn, it's ridiculous. She violated the rules, without violations would be no tickets, without ticket would be no fees or debt collectors. 

 

Is it possible that as I found out yesterday about the case against me, I might use Statutory Declaration Late (Out of Time) under 21 days from acknowledging the notices, without proving anything as I just wasn't aware of charges due to wrong address? 

Will that make the Newlyn Bailiff charges go away and they will tell me to pay original price of PCNs without me entering CCJ?

 

My ex partner told me she is fully aware that she was the driver therefore she agreed to pay but only for original PCN's.

 

How can I avoid getting CCJ and getting Bailiff at my door?

 

Sorry for being pain in the..., I don't want to cause any issues. I am panicking since yesterday as I have received all thirteen notices at once for violation I haven't committed but my ex-partner.

[dx100uk]

CCJ? nothing to do with a county court, these are FINES.

 

the DVLA are too late (only have 6mts) to get you on not updating the v5c. 

 

if you or her could get Statutory declarations accepted for all tickets, it would set each back to initial charge.

 

dont like the idea she and her boss have lied here to get info....

 

[TR4SPY]

Thank you so much for your answer! You did calmed me down a bit, seems like I am not trapped and on my own after all.

So if I get it right, that will not affect my credit history? Still if it's not paid and not addressed, even though the document have misspelled name, they can still possess my assets?

 

Glad to hear that DVLA is late to pursuit me after not updated V5C. If I will order new V5C to my address and write new owner as her, I understand that they will be still after me for her tickets. I want to write new owner as her asap to avoid further situations like this, will that be any trouble to me, shall I just tell her I want to get rid of a car and scrap it? The car is not an issue, it's an old car.

 

Am I risking anything if I apply for SD? I mean... will that state that I am recognizing the guilt? Can she as a guilty driver and not the owner apply for SD ?

If so then I will forward it to her, tell her that she got option like this and I will try to keep myself out of it, just following the updates if they chase her as a driver instead of me as an owner.

 

I do not like that Idea too... sadly for me after 5 years of relationship she ended up flirting with her boss and now she is listening to him whatever she do even though he don't care. Anyway, what I mean is that those are nasty people and that they had no clue what they were doing. I told them both that what they have done is illegal and that next time I will sue them over using my data. I wonder why the Newlyn didn't properly check who they speak to, but it might be my ex providing them my data such as d.o.b. for verification... 

[dx100uk]

traffic violations are nowt to do with credit files.

 

 

[dx100uk]

this thread will hopefully explain about the differing docs and what you or she could do to 'reset' these 13 bus lane' tickets and if it will work

 

 

[Bailiff Advice]

I have only just seen your enquiry and will provide advice in the morning. 

In the meantime, please note that Out of Time Statutory Declarations may only be submitted by you and NOT by your ex. 

 

How much roughly is the car that she is using worth?

 

Are you able to locate the V5C (Log Book)?

 

[TR4SPY]

I have contacted Council of Ealing few minutes ago as I have asked for evidence (photos or videos) online on their website. Website throw a message that I have to wait 24 hours to view evidence, it's been 48 hours already and I am receiving an error of processing the ticket...

Few questions about Out of Time Statuatory Declarations, as a reason I should put the fact that I just became aware of any proceedings as all PCN's went to an old address? Shall I send one SD for each NOE or one is enough for all of them?

The car is Vauxhall Corsa 2007 1.3 CDTi, it was our first car in UK so it isn't worth much. I bought it for around 1000£ in 2018 but honestly she is using it for over a year now and she hasn't fixed any issues or she hasn't care for it, the car is maybe worth a 200£ or 300£ at the moment.
 

I am unable to locate the V5C. When I found out about her cheating, I wanted to change the ownership of the car to her as I didn't wanted to keep the car.

She destroyed the V5C on purpose to make me angry. I wanted to order a new one later on but for private reasons I failed to do it. I have spoken to her recently and she is more than happy to scrap or sell the car as it's not worth to repair it.

 

 

Edited November 10, 2021 by TR4SPY

[dx100uk]

one SD for each offence .....simply state you did not receive the original ticket as they went to an old address on each one.

nothing to do with the resultant NOE's.

 

you can get a replacement V5C by filling out a V62 form see the DVLA website, then simply fill out the new v5c bit stating the car is now sold to her when you get it, should be job done then on that side of registered keeper.

 

scrapping the vehicle wont sort anything with regard to the 13 offences.

 

think thats correct let @Bailiff Advice confirm.

 

 

[Bailiff Advice]

The majority of these applications are REJECTED and almost always, because motorists fail to provide a REASON as to WHY they had failed to submit their Statutory Declaration at the right time (on receipt of the Order for Recovery). It is not good enough just to state that all notices had been sent to a previous address. 

 

The OP would need to explain HOW he came to know about the tickets. 

Next...and this is always the tricky part.....he would need to explain WHY he had failed to update his address details with DVLA.

 

If he has updated his driving licence (which by the way......most people do so when moving....then mention this and apologise for not realising that he also needed to update his V5C (Log Book). 

 

In this particular case, he should keep the personal details as to why the relationship ended to himself and instead; simply state on the forms that he moved address following the break up of a long term relationship (5 years) with his ex partner and that due to the stress of the relationship ending, and the UK being placed into nationwide 'COVID 19 lockdown' that he had failed to update his new address on the V5C. 

 

Important also to mention that when the relationship ended, he allowed his ex partner to keep the vehicle as it was vital to her employment and that it is now clear that all contraventions were in fact when she was using the car. I would stress that the vehicle is only worth approx  £200. 

 

Important to also stress that you are unable to update DVLA as you are unable to locate the V5C and as a consequence, you have have to make an application to DVLA for a duplicate. 

 

@TR4SPYYou will be required to provide a PE2 and PE3 form for EACH PCN number.

As there are 14 PCN's, you would be required to send 14 separate emails to the Traffic Enforcement Centre (one PE3 and PE3 in each email. 

 

Make sure as well that when sending the forms to the Traffic Enforcement Centre that you ensure that in the email subject box that you provide the following words.

 

Out of Time Statutory Declaration....PCN number xxxxx

[TR4SPY]

Sorry for being pain, I have few more questions.

 

I am filling up the documents right now.

In PE3 there is a box to tick:
 

a) I did not receive the:
Notice to Owner (Parking contravention) or 
Enforcement Notice (Bus lane contravention) or
Penalty Charge Notice (Moving Traffic contravention or Congestion Charging contravention)

 

b) I made representations about the penalty charge to the local authority concerned within 28 days of the service of the Notice to Owner/Enforcement Notice/Penalty charge Notice, but did not receive a rejection notice.

c) I appealed to the Parking/Traffic Adjudicator against the local authority's decision to reject my representation, within 28 days of service of the rejection notice, but had no response to my appeal.

None of the options seems to be fit to my situation. I have received the Enforcement Notice, I haven't yet made any representation and I haven't appealed yet.

 

(I am unable to edit previous post)

 

Also can I use the same reasoning for both PE2 and PE3 as it is pretty the same story?

[dx100uk]

i think by enforcement notice they mean the original ones for each of the 13 bus lane offences from the council not the 'notice of enforcement' from the bailiff.

 

 

[Bailiff Advice]

@TR4SPY You are confusing matters. What you have received is a Notice of Enforcement from Newlyn's. You have already mentioned a number of times that all 13 Penalty Charge Notices relate 'BUS LANE' contraventions. Therefore, you should be ticking box number 2  (Enforcement Notice (Bus lane contravention).

 

On the PE3, you should provide a short version of what you intend writing in the 'reason' box on form PE2. 

[TR4SPY]

Thank you! Thank you! 

Now everything is clear.

I have the documents ready, I will go to the nearest solicitor tomorrow morning with each of the documents to be sworn. 

I will update the topic once I receive the answer from the TEC and/or Council.

[dx100uk]

local court is free

solicitors charge a fee

[Bailiff Advice]

We don't really  need to actually see the forms, but it may he helpful if you 'cut and paste' on the forum what you have stated in the 'reason' box on one of the PE3 forms. Have you typed or handwritten the forms?

 

As DX has quite rightly stated, solicitors charge a fee for witnessing these documents. The charge is £5 per document. You have 13 Out of Time Statutory Declaration which amount to 26 pages. At £5 per document you are looking at £130. 

 

County Courts do NOT make a charge but there are pitfalls to consider if you wish to take this option:

Many courts will not witness the forms without  a prior appointment. Only today, a motorist informed me that the earliest appointment that he could get to witness his forms was  for 19th November. 

 

Secondly, many courts will limit the number of forms to no more that 5 or 6 applications at a time. 

It would be worth your while calling your local County Court in the morning to make enquiries. 

[TR4SPY]

So is it only PE3 being sworn but not PE2? I was looking at cost of £260 as PE2 x 13 and PE3 x 13. 

£130/£230 is still worth it to try, rather then paying £3,600 to the Bailiff.

I will contact the local court first thing in the morning.

 

I have written it electronically in a word document, later on I printed it to sign it by hand, after it will be sworn, I will scan it in order to send it by e-mail to TEC. Unless I can sign it electronically too and send it to solicitor or local court by email too, that would save a lot of time. 

The reason on PE3 is as follows:

Quote

 

I received information about the offenses on November 8 this year by receiving a notice of execution at my current address. When moving to a new address in London, I updated my driving license and insurance information, I am sincerely sorry, I did not realize that I also need to update the car's Log Book.

 

I changed my address after ending my long-term relationship,

while due to the stress of ending my relationship and the country being placed into national

'Covid 19 lockdown', I was unable to update my new address on my V5C document.

I am unable to update the DVLA as I am unable to locate the V5C document and consequently

have to apply for a duplicate.

When the relationship was over, I let my ex-partner keep the vehicle as it was vital for her employment.

It is now clear that all the contraventions were in fact when she was using the car.

I would like to emphasize that the vehicle is only worth approximately £ 200.

 

 

[dx100uk]

not a notice of execution

notice of enforcement from a bailiffs co

[TR4SPY]

Yeah, that's the one I have. I was just copying it here in rush as I was going out to work and the office app vocabulary swapped the words.

[Bailiff Advice]

Just a suggestion:

 

I only became aware of this Penalty on 8th November 2021 when I received correspondence from a bailiff company at my current address. From enquiries made, all previous notices from the council had been sent to my previous address at xxxxx. I was unaware of the correspondence as I had moved from that address following the break up of a long time relationship (5 years) with my ex partner.

 

When the relationship with my ex partner ended, I allowed her to keep the vehicle as it was vital to her employment. It is now clear that all contraventions were incurred by her without my knowledge.

 

I would like to emphasise that the vehicle in only worth approx. £200.

 

I would like to stress that when moving, I updated my driving licence. I was not aware at the time that there was any need to also update my V5C (Log Book). With moving address, I have been unable to locate the V5C  and have since applied to DVLA for a duplicate.

 

 

 

[TR4SPY]

TEC just replied.

 

Penalty Charge Number(s) (PCN):

EA****** AND 12 OTHERS We can’t process your forms as they haven’t been completed properly.

 

The Witness Statement must be completed in the respondent name. The form(s) can only be signed by ********** unless you are acting on behalf of a respondent company/organisation. If so, you must state this clearly on the form.

 

If you think your name on the PCN has been registered incorrectly please state on your forms and send them back together. We do not keep invalid applications. Please return all appeal forms together, along with any supporting documents/evidence.

 

If you have any further queries, you may contact us via our helpdesk or by email; contact details are provided at the top of this letter. Information on TEC procedures is also available on the website detailed below.

I have signed the PE2 and PE3 as me (with correct spelling), yet they don't want to accept it.

Do I need to make another PE2 and PE3 but this time write there that my name is misspelled on logbook / notice of enforcement or shall I misspell my name as it is on V5C / NOE?

 

Two letters. Maybe I will not accept bailiff as it is send to the wrong person? This thing is annoying.

Edited November 18, 2021 by dx100uk
swearing

[dx100uk]

ring the helpdesk and explain

[Bailiff Advice]

DX, 

Clearly there is a problem with the name provided on the forms. Are you OK with me sending a private message to the poster?

[dx100uk]

it will be regarding private info i'e names / spelling that cant be easily explained or exchanged on an open forum.

just what PM is for

 

dx