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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69509
Experience:  Over 5 years in practice
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On August 6th 2015, I received a letter from Newlyn

Customer Question

Hello,
On August 6th 2015, I received a letter from Newlyn PLC in relation to a PCN dated over 6 months old by Tower Hamlets Council. I never received this PCN in the first place, so as such I immediately submitted an email detailing the fact I had never received any PCN or otherwise to Tower Hamlets, to which I received no response.
I have still never received any notice to owner or PCN but the case has been escalating rapidly via Newlyn, the council's nominated debt collection agency, increasing charges from £202 to £512.
If I pay the fine now to stop the bailiff's taking my car, can I then later appeal to get this back? I am very happy to pay any original PCN that I may have contravened, but I have never received a PCN in this case at all
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Did you get the subsequent notice to owner?
Customer: replied 1 year ago.
Hi Jo,No I never received a Notice to owner either.
Customer: replied 1 year ago.
Hi Jo,Sorry to chase, I just wonder if you are able to answer in the next 20 minutes or so, as the bailiff is still in the area and if you think I should pay and claim back later I need to pay him while nearby so I don't lose my vehicle in the meantime.Thanks!
Expert:  Jo C. replied 1 year ago.
It depends.
Do the DVLA have the right address for you and the car?
Customer: replied 1 year ago.
Yes they do, my V5 is registered to my current address.
Expert:  Jo C. replied 1 year ago.
Ok.
Has he clamped your car? Do you need it Monday?
Have you even had a visit?
Customer: replied 1 year ago.
Yes he has clamped my car, and he tells me he will tow it away Monday morning. He has not visited but just clamped this morning at 7am. I due to travel out of the country for work from Sunday morning until Wednesday evening.
Expert:  Jo C. replied 1 year ago.
Well, he may do that but isn't going to be able to charge for it.
If you are saying that the DVLA had the correct details for you and you did not receive either the PCN, the notice to owner or the charging certificates then you can make a statutory declaration on that basis and get the matter set aside and taken back to the original PCN stage. You can only do that if it is truthful and you are sure because filing a false statutory declaration is perjury and people go to prison for that.
You need to make an out of time statutory declaration explaining why you are out of time. That is simple enough and the answer is the you didn't know anything about it until the bailiffs attended.
If that is refused then you appeal. If it is accepted you make and in time statutory declaration on the basis that you didn't get the PCN.
When you pay the bailiff or not depends on your preference. The statutory declaration route is something you will have to pursue either way but it can take some time and during that time you may be without a vehicle. If you pay the bailiffs off then you will get your vehicle back and you can issue a statutory declaration anyway. The difficulty with that is that it can often be a further challenge to recover the money from the bailiffs. I have known people who have had to sue to do so it depends upon your wishes.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69509
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 1 year ago.
That's fine thanks
Expert:  Jo C. replied 1 year ago.
No problem and all the best.
Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

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