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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi, I have received 2 enforcement notices for PNC I have

Resolved Question:

Hi,

I have received 2 enforcement notices for PNC I have never received. I've been caught on CCTV turning on the right but it was permitted to do so. I didn't do it on purpose as I didn't see the sign. I realised there was a no right turn sign when I received the latest fine which I paid on time.
The Notice of enforcement I have received are for offences dated back in November 2013 and January 2014 (not sure about that one).
The enforcement officer came yesterday to clamp my car but I have agreed to pay by instalments to give me some time to appeal.
I'm not refusing to pay the fines (65 pounds*2) but it's very unfair to have to pay almost 800 pounds when I didn't even get the chance to pay the original amount. how can I appeal against the court order and being refunded of the money I overpaid?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is ***** ***** I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.

Alex Watts :

Did you ever apply to the court to set aside please?

Customer:

Hi, thanks for your email. No I never apply to the court. I just received the notice of enforcement with no explanation. only to pay.

Customer:

when I contacted Lambeth council, the answer was to write a letter to appeal but I have no idea on how to proceed to get the best chance of winning the appeal.

Customer:

We moved house so I suppose that why we've never received the original PNC. I would have paid on time as I always do. But know it's completely out of hand.

Customer:

I think what I need it some legal ground for my appeal. I'm looking forward to hearing from you.

Alex Watts :

Sadly I think because you have paid it that the right of appeal is difficulty.

Alex Watts :

This is because if you had not paid it, when you had the enforcement notices through you could have appealed then

Alex Watts :

But if you did not appeal when you had the enforcement notices and then the bailiffs turned up, you cant appeal

Alex Watts :

This is because if you pay, you accept the charges

Alex Watts :

In terms of bailiff fees they are set down by government

Alex Watts :

Therefore you can't argue against the fees

Alex Watts :

If you had the enforcement notice then you should have appealed

Alex Watts :

If you did not it is too late

Alex Watts :

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

The only thing you could try is making a formal complaint to the council.

Alex Watts :

However I suspect they got your details from the DVLA and if that record is correct at the time they got it, they may have taken all required steps

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

I didn't really have the choice but give my bank details to the enforcement officer as he was about to clamp/take the car.

Customer:

can you provide any kind of template I could use to appeal anyway?

Alex Watts :

You would just need to write to the Council and set out your position

Alex Watts :

Does that help?

Customer:

I wanted to know if the fact that we've never received the original PNC has some sort legal ground in cancelling the PNC.

Alex Watts :

No

Alex Watts :

You should have made a statutory declaration when you first had the enforcement notice

Alex Watts :

The only grounds for appeal are:

Alex Watts :

1) the contravention did not happen

Alex Watts :

2) the vehicle was sold

Alex Watts :

3) the traffic management order was invalid

Alex Watts :

I am sorry

Customer:

I read some articles on the web where people were saying that if you didn't receive the PNC, its' like the offence never happened. which makes some kind of sense, How am I supposed to pay a fine if I'm not aware of it?

Alex Watts :

That

Alex Watts :

Thats not true

Alex Watts :

You need to ask for evidence of the PCN

Alex Watts :

Then you need to ask for evidence of the Notice to Owner

Alex Watts :

If they provide these and the address is correct you are stuffed

Alex Watts :

If the DVLA address they have is valid and correct then you are stuck

Alex Watts :

If you didnt notify DVLA of a change or you moved after, then you are still stuck

Alex Watts :

Does that clarify?

Customer:

yes i'm stuck!! I'm going to write to them anyway and wait for their reply. thanks anyway.

Alex Watts :

Yes, good luck with this

Customer:

i'm going to need some obviously.

Alex Watts :

If this answers your question might I invite you to rate my answer, if the system wont let you please do say

Alex Watts :

If you need more help please click reply

Customer:

apparently there's no trick of the trade I could use so I just have to rely on my luck. Thanks for your advices even if it's not was I was expecting, sadly.

Alex Watts :

Yes I am sorry its not better news. I wish it could be.

Alex Watts :

Please have a good weekend and do take a moment to rate before you go today

Customer:

me too! so I just need to click on the face below?

Alex Watts :

Please.

Alex Watts :

If the system doesnt allow you to click - let me know

Customer:

ok. have a good weekend too.thanks again

Alex Watts :

All the best

Customer:

I can't click on the face. I have a message saying that you have not finished answering yet.

Ash and other Law Specialists are ready to help you
Expert:  Ash replied 3 years ago.
Try now!

Thanks

Alex