Hi,
Hoping you could help please!
I received a notice of enforcement from Equita on the 3rd September 2022 (issued on the 27th August 2022). I must pay or reach an agreement by 5.30pm 4th September 2022
This was money owed to Nottingham City Council regarding 34 - BEING IN A BUS LANE.
I've not received any previous correspondence despite moving to my new address in July 2018. I assume it went to my old one. The only thing I can think of i my logbook was still to my previous address which I changed earlier this year (An honest mistake my driving license was changed in 2018). I assume this as after calling Equita they said the fine in question relates to August 2021.
A warrant of control was issued ok 12/04/2022 i had definitely updated my logbook by then so shouldn't I have got previous letters from Equita? Currently the debt is £99 with a compliance stage fee of £75.
What should be my next steps here? I'll happily hold my hands up for going in a bus lane and take a fine and I intend to speak to the council tomorrow. However, I'm loathe to pay anything additional in phantom charges or have Bailiffs chasing me down.
Thanks for your time on this and appreciate any responses.
Being in a Bus lane penalty
Re: Being in a Bus lane penalty
Before I can help you, I need you to confirm the address on the warrant of control.
Get the PCN number together. It starts with two characters followed by eight numbers.
Call the Traffic Enforcement Centre (The TEC) on 0300 123 1059
Press 4 to skip the bots and put through to an agent.
When the agent answers, give the PCN number first, then in the security check, quote the postcode to your PREVIOUS ADDRESS.
If you pass the security check, then you have shown the warrant has your previous address.
Then ask for the date the warrant was issued. Write it down and end the call.
Post back here saying whether the warrant address is your previous address and the date on the warrant.
Get the PCN number together. It starts with two characters followed by eight numbers.
Call the Traffic Enforcement Centre (The TEC) on 0300 123 1059
Press 4 to skip the bots and put through to an agent.
When the agent answers, give the PCN number first, then in the security check, quote the postcode to your PREVIOUS ADDRESS.
If you pass the security check, then you have shown the warrant has your previous address.
Then ask for the date the warrant was issued. Write it down and end the call.
Post back here saying whether the warrant address is your previous address and the date on the warrant.
Re: Being in a Bus lane penalty
Hi,
The warrant address was my previous address and the warrant was dated 12/04/2022
The warrant address was my previous address and the warrant was dated 12/04/2022
Re: Being in a Bus lane penalty
The warrant of control is a defective instrument.
It has your previous address.
If the bailiff takes an enforcement step under that warrant, then the creditor is liable for everything that follows.
The Bailiff should inform the creditor of your new address and it can apply for a replacement warrant under Civil Procedure Rule 75.7(7).
If the bailiff fails and takes an enforcement step, then under paragraph 66 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007, you can recover damages and an order for the return of any controlled goods.
You dont need to take any further action hereon until you have been given a Notice to Owner from the authority.
It has your previous address.
If the bailiff takes an enforcement step under that warrant, then the creditor is liable for everything that follows.
The Bailiff should inform the creditor of your new address and it can apply for a replacement warrant under Civil Procedure Rule 75.7(7).
If the bailiff fails and takes an enforcement step, then under paragraph 66 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007, you can recover damages and an order for the return of any controlled goods.
You dont need to take any further action hereon until you have been given a Notice to Owner from the authority.
Re: Being in a Bus lane penalty
Thanks.
So they essentially need to resend the PCN notice to my new address?
So they essentially need to resend the PCN notice to my new address?
Re: Being in a Bus lane penalty
No.
It just means bailiffs will for looking for it to no avail.
Not your concern.
Park it until you hear otherwise from TFL with a corrected warrant.
They bin it after about 6 months anyway.
It just means bailiffs will for looking for it to no avail.
Not your concern.
Park it until you hear otherwise from TFL with a corrected warrant.
They bin it after about 6 months anyway.
Re: Being in a Bus lane penalty
Right cool.
So do nothing and it's on the Council to send me an updated warrant to my new address.
I presume they'll send more letters but these will be in effect meaningless. Seems like a tactic to get people to pay as they've found my new address but want to cut corners and not get a new warrant?
So do nothing and it's on the Council to send me an updated warrant to my new address.
I presume they'll send more letters but these will be in effect meaningless. Seems like a tactic to get people to pay as they've found my new address but want to cut corners and not get a new warrant?