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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.
Did you ever apply to the court to set aside please?
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.
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.
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.
I think what I need it some legal ground for my appeal. I'm looking forward to hearing from you.
Sadly I think because you have paid it that the right of appeal is difficulty.
This is because if you had not paid it, when you had the enforcement notices through you could have appealed then
But if you did not appeal when you had the enforcement notices and then the bailiffs turned up, you cant appeal
This is because if you pay, you accept the charges
In terms of bailiff fees they are set down by government
Therefore you can't argue against the fees
If you had the enforcement notice then you should have appealed
If you did not it is too late
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
The only thing you could try is making a formal complaint to the council.
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
Can I clarify anything for you about this today please?
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.
can you provide any kind of template I could use to appeal anyway?
You would just need to write to the Council and set out your position
Does that help?
I wanted to know if the fact that we've never received the original PNC has some sort legal ground in cancelling the PNC.
You should have made a statutory declaration when you first had the enforcement notice
The only grounds for appeal are:
1) the contravention did not happen
2) the vehicle was sold
3) the traffic management order was invalid
I am sorry
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?
Thats not true
You need to ask for evidence of the PCN
Then you need to ask for evidence of the Notice to Owner
If they provide these and the address is correct you are stuffed
If the DVLA address they have is valid and correct then you are stuck
If you didnt notify DVLA of a change or you moved after, then you are still stuck
Does that clarify?
yes i'm stuck!! I'm going to write to them anyway and wait for their reply. thanks anyway.
Yes, good luck with this
i'm going to need some obviously.
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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.
Yes I am sorry its not better news. I wish it could be.
Please have a good weekend and do take a moment to rate before you go today
me too! so I just need to click on the face below?
If the system doesnt allow you to click - let me know
ok. have a good weekend too.thanks again
All the best
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