Notice of enforcement received for PCN - first I've heard any thing!

Stop or Suspend Enforcement. Appeal the PCN. Claim Damages for Unlawful Interference with Vehicles.
Post Reply
Kitkat123
Posts: 3
Joined: 27 May 2017 17:27

#1 Notice of enforcement received for PCN - first I've heard any thing!

Post by Kitkat123 » 27 May 2017 17:35

So I received a letter from bristow sutor today for a notice of enforcement for bus lane fine but they've been sending all correspondence to my old address. The vehicle is a company car and when I moved I informed my business that I had moved. This was two years ago. I'm going to speak to my company on Tuesday to see what they can do but does anyone have any advice on what my next steps are? I accept I drove in a bus lane but when it happened what normally happens is the lease company send the fine to the office. So as it's a lease car I don't have the v5 but in telling the company I'd moved surely they should have updated the v5? My license was updated the day I moved so that's not an issue. Help!

User avatar
jasonDWB
Posts: 14800
Joined: 30 Jul 2012 21:23
Contact:

#2 Re: Notice of enforcement received for PCN - first I've heard any thing!

Post by jasonDWB » 28 May 2017 14:30

Kitkat123 wrote:
27 May 2017 17:35
So I received a letter from bristow sutor today for a notice of enforcement for bus lane fine but they've been sending all correspondence to my old address.
If the bailiff traced you to your new address and has a warrant with your old address, then the bailiff has cheated. The law says the authority must re-apply for a new warrant with the debtor's new address under CPR75.7. Enforcement also fails on non-compliance with paragraph 7.1 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 which states the debtor must be given notice. He sent it to your previous address.

The vehicle is a company car and when I moved I informed my business that I had moved. This was two years ago. I'm going to speak to my company on Tuesday to see what they can do but does anyone have any advice on what my next steps are? I accept I drove in a bus lane but when it happened what normally happens is the lease company send the fine to the office. So as it's a lease car I don't ave the v5 but in telling the company I'd moved surely they should have updated the v5? My license was updated the day I moved so that's not an issue. Help!

On Tuesday, telephone the Traffic Enforcement Centre (TEC) on 0300 123 1059 and press 6 to skip the robot. Once you progress the queue and the call is answered by humankind, give the PCN number first. Ask the DATE of the warrant. Then ask the ADDRESS of the warrant. Write these down.

The TEC will email you the two forms PE2 and a PE3. You must complete them giving evidence of the DATE you moved to your current address. The DATE of the warrant will probably post-date the date you moved, and the ADDRESS on the warrant will be your previous address.

Scan a clean copy of both completed forms and email them back to the TEC tec@hmcts.gsi.gov.uk and the enforcement is suspended the moment you return the forms by email until the outcome of your appeal has been decided. This takes about 8 - 10 weeks. The suspension of the enforcement falls under the operation of Practice Direction 75, Paragraph 8.1. The bailiff cannot go behind it by taking an enforcement step.
Author, Dealing with Bailiffs. Beat the Bailiffs
Instant phone consultation with me: Click here

Kitkat123
Posts: 3
Joined: 27 May 2017 17:27

#3 Re: Notice of enforcement received for PCN - first I've heard any thing!

Post by Kitkat123 » 28 May 2017 16:00

Great, thanks for that. I will do that first thing Tuesday. What sort of proof can I provide to say when I moved house? I possibly have a utility bill with my new address that is dated around the time we moved and I can definitely get hold of a water bill. I probably can't get a council tax bill as this tends to take a long time.

User avatar
jasonDWB
Posts: 14800
Joined: 30 Jul 2012 21:23
Contact:

#4 Re: Notice of enforcement received for PCN - first I've heard any thing!

Post by jasonDWB » 28 May 2017 16:07

Just attach anything you can. You can download the forms beforehand and start work. The forms are PE2 and PE3 http://hmctsformfinder.justice.gov.uk/H ... t%20Centre

You can call the TEC on Tuesday to get the address of the warrant and the date of issue. That ensures the address is your old address and it post-dates your move to your current address.
Author, Dealing with Bailiffs. Beat the Bailiffs
Instant phone consultation with me: Click here

Kitkat123
Posts: 3
Joined: 27 May 2017 17:27

#5 Re: Notice of enforcement received for PCN - first I've heard any thing!

Post by Kitkat123 » 28 May 2017 16:21

Doing it now. Form says I need to have it sworn before a solicitor.... Do I?

User avatar
jasonDWB
Posts: 14800
Joined: 30 Jul 2012 21:23
Contact:

#6 Re: Notice of enforcement received for PCN - first I've heard any thing!

Post by jasonDWB » 28 May 2017 16:57

Yes. or free at any county court.
Author, Dealing with Bailiffs. Beat the Bailiffs
Instant phone consultation with me: Click here

Post Reply

Who is online

Users browsing this forum: No registered users and 1 guest