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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 69987
Experience:  Over 5 years in practice.
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On Wednesday, 17 February 2016, 16:44 my girlfriend received

Resolved Question:

On Wednesday, 17 February 2016, 16:44 my girlfriend received an email from an Enforcement Agency reading 'Please see attached’ and the attached pdf file read
-----------------------------------------------------------------------
Removal of Offending Vehicle or Current Vehicle

RE:Unpaid Penalty Charge Notice Total Due £545.00
Dear Sir / Madam
In accordance with The Tribunals, Courts and Enforcement Act 2007 and the Taking Control of Goods Regulations 2013, your failure to settle the above amount has now resulted in your file being given to our SENIOR REMOVAL ENFORCEMENT AGENT who will be attending your address or area of offence with our VEHICLE REMOVAL CONTRACTORS.
The vehicle will be removed to our VEHICLE POUND where it will be held for a minimum of 8 days prior to being sold at PUBLIC AUCTION.
Lifting and removal costs will be incurred plus £25.00+v.a.t. per day storage. If the vehicle is sold Auctioneers Charges will be deducted from the sum raised.
———————————————————————————————————
My girlfriend had no idea where what this was about and so she replied later that evening asking for details.
She then received a reply in email form with no attachments on Monday, 22 February 2016, 11:20, explaining that
'Further to your email we have provided the PCN details below that the Warrant of Control we are enforcing on behalf of R.B. Kingston Upon Thames’
They stated a PCN Ref No relating to an offence that occurred in April 2015 (10 months earlier) for
Failing to comply with a sign indicating a prohibited turn Banned left turn
and went on to explain that
'Where an order for recovery of the unpaid penalty charge has been served, an appeal has not been filed and payment is not received, the local authority applies to the Traffic Enforcement Centre at the County Court Business Centre for a Warrant of Control. This authorises an enforcement agent to seize and sell goods if the debt and costs are not paid in full.’
The incident had been spotted in CCTV and so we have since viewed images of the contravention online and they are legitimate. My girlfriend completely accepts liability however this is the first she has heard of it and has never received the PCN, a 'Notice To Owner' (NTO) or any subsequent communication until the email last week.
This was no doubt because some time before the contravention occurred in April 2015, she had changed address but had forgotten to notify the DVLA. Two days after the incident, her car was crashed into from behind and was written off by the insurance company. Because it was transferred to the insurance company it was never registered at her new address and so all subsequent correspondence by the council and enforcement agency had been to her old address.
The latest email on Monday, 22 February 2016 stated that 'We now require the balance to be settled in full within 7 days to avoid an Enforcement Agent attending your property and incurring further costs’
We are unsure of what to do next because my girlfriend phone Kingston County Council yesterday and spoke to a person in the debt dept who advised her to complete a Statement out of time form (TE7) and a Witness Statement form (TE9) however these appear to be for parking offences whereas forms PE2 and PE3 are for moving traffic offences.
As far as we know, the Enforcement Agency still do not know her current address however they now have her mobile number because she received a text message yesterday asking her to pay the outstanding balance. Perhaps they now know his because she phoned them on Monday asking what to do and they said pay or supply accounts if needing to pay in instalments.
Reading up online had been very confusing and so any advice would be greatly appreciated in particular on the following:
Which appeal form should she fill out? Has the status of the case advanced so far that forms TE7 & TE9 or forms PE2 and PE3 are not applicable and is form N245 to suspend a warrant of control?
Would an appeal fail purely because she had forgotten to notify the DVLA of her change of address at the time of the contravention?
Does this mean there is a CCJ against her name?
Many thanks for any advice you may have
Submitted: 1 year ago.
Category: Traffic Law
Customer: replied 1 year ago.
Forgot to say that the attachment in the original email from the Enforcement Agency was a letter in pdf format dated 17th Feb 2016 addressed to her old address
Expert:  Jo C. replied 1 year ago.
How can I help with this?
Customer: replied 1 year ago.
We are trying to understand the situation and find a quick resolution without having to pay in total the large fine which is now £500+ and so- Which appeal form should she fill out? Has the status of the case advanced so far that forms TE7 & TE9 or forms PE2 and PE3 are not applicable and is the form N245 the correct one to fill out to suspend a warrant of control?- Would an appeal fail purely because she had forgotten to notify the DVLA of her change of address at the time of the contravention?- Does this mean there is a CCJ against her name?
Expert:  Jo C. replied 1 year ago.
So, in short, you have had a bailiffs letter? Who was the issuer of the original fine?
Customer: replied 1 year ago.
Kingston Council for Failing to comply with a sign indicating a prohibited turn
Expert:  Jo C. replied 1 year ago.
Ok. Did you get the original fine?
Customer: replied 1 year ago.
No, the incident happened in April 2015 and the first communication received was by email from the Enforcement Agency last Wednesday, 17 February 2016
Expert:  Jo C. replied 1 year ago.
Do the DVLA have the correct address for the vehicle?
Customer: replied 1 year ago.
i.e. no PCN, Notice To Owner' (NTO) or any subsequent communication until the email last week and even then it was by email with an attachment letter addressed to her old address which she was not living at when the contravention occurred.
Expert:  Jo C. replied 1 year ago.
Ok. So do they have the correct address?
Customer: replied 1 year ago.
We don't know because some time before the contravention occurred in April 2015, she had changed address but had forgotten to notify the DVLA. Two days after the incident, her car was crashed into from behind and was written off by the insurance company. Because it was transferred to the insurance company it was never registered at her new address and so all subsequent correspondence by the council and enforcement agency had been to her old address.
Expert:  Jo C. replied 1 year ago.
OK. That is not good news.Are you asking if she is liable?
Customer: replied 1 year ago.
I suppose so, i.e. liable for all of the subsequent fines that have since accumulated and are now £500+ when the original fine was possibly £130 and half that if payed within 7 days
Customer: replied 1 year ago.
It just seems unfair to me when there has never been the intention to avoid payment
Expert:  Jo C. replied 1 year ago.
Yes, it was but she didn't.She could always make a statutory declaration to the effect that she didn't get the original fine. However, the problem with that is that the reason she didn't get it is that she didn't give the DVLA her new address. That is not necessarily a complete bar to making a declaration as she still did not get the fine. The Magistrates just are unlikely to be sympathetic and may exercise their discretion against her.What is more helpful here is that the car was written off shortly after so at least she did not commit the offence of failing to tell them.I hope it was SORNed? If it was not then that would make things worse.If that statutory declaration fails then she is liable for the full amount I'm afraid. The original fine would not be about £300. The rest is bailiff fees. You can sue bailiffs if you believe they are overcharging and they won't have done much here. They will have performed a trace on her and written a letter but no more than that as there has been no visit.
Expert:  Jo C. replied 1 year ago.
However, that only covers the bailiff fees. The sum of the fine would still apply.Can I clarify anything for you?Jo
Customer: replied 1 year ago.
She sent off a TE7 and TE9 form o TEC this morning on the advice of somebody at the council office. Do you think that will have any chance of succeeding? I thought that the status of the case might have meant that it was too late for that or a PE2 and PE3 form should have been sent instead?
Expert:  Jo C. replied 1 year ago.
It will be refused. All the out of time ones are.She can appeal but that will take her to the county court not the Magistrates and there is a cost.The appeals are accepted sometimes and not others. It depends what they make of the incorrect address. Probably about 50-50.
Customer: replied 1 year ago.
Ok, thank you very much for your help, it is much appreciated. One last question though...does this count as a CCJ against her?
Expert:  Jo C. replied 1 year ago.
No, it is a parking fine effectively. It doesn't affect her credit rating.
Customer: replied 1 year ago.
Thankyou Jo
Expert:  Jo C. replied 1 year ago.
No problem and all the best. Please remember to rate my answer. 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 Jomo1972’.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 69987
Experience: Over 5 years in practice.
Jo C. and other Traffic Law Specialists are ready to help you
Customer: replied 1 year ago.
Will do, good night and many thanks
Expert:  Jo C. replied 1 year ago.
You are welcome.

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