PCN - PE2 and PE3 forms (attaching a witness statement)

Stop or Suspend Enforcement. Appeal the PCN. Claim Damages for Unlawful Interference with Vehicles.
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Councilshavenomoney
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#1 PCN - PE2 and PE3 forms (attaching a witness statement)

Post by Councilshavenomoney » 29 Jun 2016 20:22

Dear all

This is my first post. Having read a few threads I can see my story is quite similar to many others and I apologise if this sounds all too familiar.

I have received a letter from Newlyn plc demanding payment for two PCN's totalling £789.00. The alleged offences were July 2015 (£277) August 2015 (£512) for driving in a bus lane. I would like to appeal on the grounds that I genuinely did not receive the letters. This is because 1) I had moved to London and 2) the property which was my father's was sold when the letters were issued. The post was not redirected.

I moved in late 2014 and I recall updating my driving licence. However the V5 was a late afterthought which was eventually updated but I can not recall if this was before or after the offences. The V5 document is not very helpful as it does not record any change of address dates. I have telephoned the council having explained the problem, they have sent me copies of the offences and a chronology of events. I can now see that there was a debt registration in March 2016 and Warrant of Control issued in May 2016.

I understand that the correct forms to fill in are a PE2 and a PE3. The question is whether I can attach a witness statement to the PE3 form. As i have been deprived of my right to challenge any alleged offences and the notices were sent to the wrong address. I find this a bit absurd when the council are aware that I have been paying my council tax from the same address for the past 2 years?

Thanks

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Schedule 12
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#2 Re: PCN - PE2 and PE3 forms (attaching a witness statement)

Post by Schedule 12 » 29 Jun 2016 21:02

That is the correct proceedure. Include some evidence of your change of address because that supports your appeal. They will stop enforcement and roll the PCN back to the original sum.

You can then decide whether to pay it, or appeal it on motoring grounds.
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Pote Snitkin
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#3 Re: PCN - PE2 and PE3 forms (attaching a witness statement)

Post by Pote Snitkin » 29 Jun 2016 21:06

The original fines would be £130 each - just so you know.
On 29/07/17, Compo said "If you are interested I actually typed the word label. My spell checker interpreted it as liable" Discuss.

Councilshavenomoney
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#4 Re: PCN - PE2 and PE3 forms (attaching a witness statement)

Post by Councilshavenomoney » 29 Jun 2016 21:16

Thank you for your replies.

Jason - Thank you for the tip i will evidence the change of address.

Pote - The fine is £65 if paid within 14 days and £130 thereafter. Surely the decent thing here is to roll it back to £65 when I have been deprived of my right to pay the reduced amount?

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Pote Snitkin
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#5 Re: PCN - PE2 and PE3 forms (attaching a witness statement)

Post by Pote Snitkin » 29 Jun 2016 22:28

Councilshavenomoney wrote:
Pote - The fine is £65 if paid within 14 days and £130 thereafter. Surely the decent thing here is to roll it back to £65 when I have been deprived of my right to pay the reduced amount?
You're quite correct. That's what you should aim for.
On 29/07/17, Compo said "If you are interested I actually typed the word label. My spell checker interpreted it as liable" Discuss.

Moog
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#6 Bailiff visit - pursuit of outstanding fine

Post by Moog » 09 Oct 2017 09:57

We were visited by a bailiff last Wednesday 4 Oct demanding payment of £935 from my partner who resides at my property. After some difficulty he was able to establish on Friday 6 October this pertains to court proceedings in August 2010 In Nottingham (we live in Surrey) for non-payment of congestion charge possibly sometime in April or May that year. He had no knowledge of these proceedings. In May that year he left his marital home, and address where any correspondence would have been sent as that was where his car was registered. In early June 2010 he received a driving ban and has not had a car or license since that time. This bailiff visit and demand has come completly out of the blue and I am usure they are allowed to access my property as this was not the address to which original correspondence in 2010 would have been addressed?

The bailiff said he would give us the weekend to come up with the money otherwise he would be returning with a locksmith to force entry.

I am worried out of my mind. Some advice received from CAB talked about this PE2 and PE3 form - is there somewhere I can download this from? please. The other thing is that I am scared the bailiff will come to the property when we are at work (we are certainly not sitting in waiting for him) and break in and take things. All the goods and chattels in the property are mine and my partner owns nothing there other than his clothes and some equipment for his work. The property he brought with him in 2010 he subsequently gave to me as rent etc as he is a self employed decorator and has only worked for about 18 months out of the last seven years (although working at moment); has no savings and has not claimed any welfare benfitis during that time.

Can you offer any advise please to get the bailiff off our back. The company he is employed by/works for is Marston Holdings who say they have no power over him. I dont know whether there is a warrant or any other legal document that he has but I am sitting here at work worried that my house is being broken into. Thank you

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