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Jo C.
Jo C., Barrister
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Experience:  Over 5 years in practice
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A PCN was sent to my previous address by the Local Authority

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A PCN was sent to my previous address by the Local Authority over a year ago although I had a Postal redirection on my mail to my new addressl.My address details were changed at DVLC shortly afterwards . I had no knowledge of the matter until it had progressed to enforcement by bailiffs of a warrant who contacted me at my new address . It became clear that my address details had not been checked until approximately July 2014 and yet nobody had communicated with me about the matter until the bailiffs did in December 2014. I explained the situation and I was informed by letter by the Bailiffs in early december to contact the Local Authority for further information on my appeal and making an out of time witness statement . No timescale for doing this was given in the letter. After not being able to get through on the telephone to the Local Authority , I e mailed and received an acknowledgement saying I had to wait up to 15 days for a response . Then in early january I had a visit from the bailiffs at 6 am in early january who insisted on executing the warrant - either removing my car or paying £500 . I showed them all of the correspondence and asked them to consult their client, local authoirty later in the day but they refused and would not listen . I paid the £500 and told them I would be challenging the process. Since then I have made complaints to the Bailiffs re lack of transparency and also the Local Authority .My question is legally , what can I actually do ?? I know I can make a DPA request for my file to the Local Authority but can I apply to the court to set aside the warrant of control that has actually been executed and get my money back?? What do I need to do , forms/ application etc ?? Many thanks. I have tried to research this on the internet but there seems to be no informnation available. Many thanks.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Why was it sent out by post originally?
Customer: replied 2 years ago.

Apologies for confusion, it was a fine for driving in a bus lane - probably my Partner but the car is in my name !

Expert:  Jo C. replied 2 years ago.
Do you know when the DVLA changed your address over?
Customer: replied 2 years ago.

Yes, 20.1.14 and I understand that it can take up to 4 weeks for DVLC to deal with these requests . Dont have a record of when I made the request to change the addressand neither to DVLC I am told.

Expert:  Jo C. replied 2 years ago.
Ok.
When did you become aware of this?
Customer: replied 2 years ago.

I became aware when I received the first bailiffs letter dated 20.11.14 received 25.11.14

Expert:  Jo C. replied 2 years ago.
That might be a problem.
You need to make a statutory declaration. You are out of time to make an in time statutory declaration so you need to make an out of time one. There is one single ground for an out of time stat dec. That is to explain why you are out of time. That would have been simple enough if you had acted immediately. The answer to that is that you didn't know anything about this until the bailiffs attended. What a court might not like though is the fact of the delay since November.
If you can get over that hurdle though, you need to make an in time stat declaration on the basis that the PCN did not reach you. If that is accepted then the money paid will fall to be refunded. The authority may reissue but then you can pay the PCN at the reduced rate.
The only problem here will be getting over the hurdle of the out of time stat dec. Overall it is worth a try. They may well reject it immediately but you can always appeal it.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69778
Experience: Over 5 years in practice
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Customer: replied 2 years ago.

Do I need to use a stat dec form from the local authority , pay a fee, use an application form , attend court or will it all be done on paper at the Traffic Enforcement Centre ?? I know that I should have received all of this info from the local authority but I haven t and I would have been more proactive in chasing them had I been aware of their timescale of 28 days for dealing with this. Sorry may not have mentioned that earlier .Thanks..

Expert:  Jo C. replied 2 years ago.
It is the traffic enforcement centre. Their website provides guidance.
https://www.justice.gov.uk/courts/northampton-business-centre/traffic-enforcement-centre/statutory-declarations

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