Car clamped by bailiffs - PCN sent to wrong address

gus_gorman

Hello,

A few weeks ago I got a letter out of the blue from Bristow & Sutor with a demand for £175 for a PCN from Essex County Council (bus lane offence) dating back to August last year. This was the first I'd heard of the incident. I filled in a form on the Essex County Council website stating what had happened and got the automatic email confirmation saying they would aim to respond within 10 working days. They didn't respond.

Yesterday I got home from work to find my car had been clamped, with documents taped to the window.

I called Essex County Council this morning, and they told me that the DVLA had given them the wrong address (ie my old address that I moved from 6 years ago) and the original PCN was sent there, that is why I never received it. They also told me that the only way to get the car unclamped was to pay the charges to Bristol & Sutor, and then fill in the PE2 and PE3 forms from here: www.justice.gov.uk/forms

I definitely informed the DVLA of my move when it happened. Strange how the Bailiffs ended up with my correct address! 

I've just looked at those forms and they require being sworn before a Commissioner for Oaths (eg a Solicitor), a Justice of the Peace (at any Magistrates Court) or an officer of your local county court.

This just seems ridiculous to me. Is there anything else I can do?

Car_54

If those are the correct forms, the Council must have obtained a County Court judgement against you.

You need to act ASAP (there is a time limit) not only to get the car back but to remove the CCJ from your credit file.

Almost certainly the quickest way will be to go to a solicitor to make the statutory declaration - there is a nominal fee (£5?) - as the courts generally have long waiting times because of Covid.

peter_the_piper

How did you inform the dvla and was it for driving license or car or both?

gus_gorman

peter_the_piper said:

How did you inform the dvla and was it for driving license or car or both?

Good question.
I definitely did it for my driving license. 
Now you mention it - DVLA, hmmm.

gus_gorman

gus_gorman said:

peter_the_piper said:

How did you inform the dvla and was it for driving license or car or both?

Good question.
I definitely did it for my driving license. 
Now you mention it - car, hmmm.

sorry fixed the last sentence.

DB1904

gus_gorman said:

peter_the_piper said:

How did you inform the dvla and was it for driving license or car or both?

Good question.
I definitely did it for my driving license. 
Now you mention it - DVLA, hmmm.

How are you taxing the car?

gus_gorman

@DB1904
Direct debit

DB1904

gus_gorman said:

@DB1904
Direct debit

Do you recall getting tax reminders?

Car_54

OP, you need to do two other things ASAP

Update your address with DVLA.

Check your driving licence online, in case you've had any motoring convictions in your absence.

born_again

gus_gorman said:

gus_gorman said:

peter_the_piper said:

How did you inform the dvla and was it for driving license or car or both?

Good question.
I definitely did it for my driving license. 
Now you mention it - car, hmmm.

sorry fixed the last sentence.

Check V5... If you updated the address then you will have one with the new address on, if not that's a Opps..🤦‍♂️

gus_gorman

DB1904 said:

gus_gorman said:

@DB1904
Direct debit

Do you recall getting tax reminders?

Nope. Defo haven't had any.

This makes me feel slightly better about the whole thing. At least its my fault.