PCN sent to old address resulting in enforcement agents

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Jay21
Posts: 3
Joined: 20 Mar 2023 20:37

PCN sent to old address resulting in enforcement agents

Post by Jay21 »

Hi guys so i received a text today from an enforcement agent telling me he attended my address earlier as I’ve been taken to court for an unpaid pcn but i had moved out of the address in February and my car was still registered there a couple of months after as I was selling it and I had received a pcn that I had no idea about and now I owe over £300 and an enforcement agent knocking at my old address with a warrant of control is there anything I can do ?
zeke
Posts: 244
Joined: 30 Jul 2012 21:23

Re: PCN sent to old address resulting in enforcement agents

Post by zeke »

If you are getting unsolicited nuisance text messages from bailiffs, then set your phone to "block and report spam". That will stop the nuisance texts.

Bailiffs have turned up at your old address about an unpaid traffic debt because that is the address on the contravention vehicle V5.

If you have recently updated your V5, then it's only a matter of time before the bailiff gets your new address.

If you have not updated your V5 yet, then DO NOT update it until this matter has been stopped.

If the bailiff turns up at your new address with a warrant of control with your previous address, then the bailiff is acting on what is called a "defective instrument".

If you dont know the PCN number, then you dont need to take any further action. Post back here if a bailiff contacts you at your new address.

If you have not updated your V5 yet, then get the PCN number together and call the Traffic Enforcement Centre on 0300 123 1059 and press 4 to skip the robot.

In the security check, they will ask you to confirm your postcode. Give the postcode to your old address. If you pass the security check then ask (a) which council issued the penalty charge notice and (b) whether the offence is a moving offence or a non-moving offence.

Post back here when you have the answers to (a) and (b) above.
Jay21
Posts: 3
Joined: 20 Mar 2023 20:37

Re: PCN sent to old address resulting in enforcement agents

Post by Jay21 »

Hi Zeke,

Thanks for the great advice, it was Nottinghamshire county council and it is a moving offence as I was caught driving in a bus lane.
Jay21
Posts: 3
Joined: 20 Mar 2023 20:37

Re: PCN sent to old address resulting in enforcement agents

Post by Jay21 »

The car was scrapped shortly after, v5 was collected with the car, not sure what happened after that
zeke
Posts: 244
Joined: 30 Jul 2012 21:23

Re: PCN sent to old address resulting in enforcement agents

Post by zeke »

It means the car is off the table as far as the enforcement is concerned.

If the contravention is a moving traffic offence, then the forms to complete are PE2 and a PE3 late statutory declaration.

If the warrant address is you’re old address, then you don’t need to do anything because it is a class of defective instrument.

The only cause of action is Nottingham must re-issue the warrant specifying your current address under Civil Procedure Rule 75.7(7).

Until the warrant is valid, I wouldnt concern yourself with it.

Any enforcement under a defective instrument lands the creditor, and eventually, the bailiff a big bill.
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