If you are stuck in such a situation, here is what to do.

This case involves Mr. Alistair Finch and his former partner, Ms. Eleanor Vance, who separated over a year ago. A dispute arose concerning a toll charge for the “Silverstream Crossing” in Northern England. The vehicle in question was registered to Mr. Finch, but Ms. Vance was driving it at the time of the crossing. Ms. Vance asserts that she paid the required toll charge on the day and possesses a digital receipt as proof. However, a significant issue arose because Mr. Finch, after moving out of their shared residence, failed to update his address on the vehicle’s registration document (V5C) with the Driver and Vehicle Licensing Agency (DVLA). Consequently, all official correspondence, including the initial Penalty Charge Notice (PCN) and subsequent reminders, were sent to the old address. As neither party was aware of the escalating issue, the debt was passed to a civil enforcement agency, “Civic Enforcement Ltd.” This agency is now pursuing Mr. Finch for the original fine plus significant additional enforcement fees.

Advice in such cases

When faced with a situation where enforcement agents (commonly known as bailiffs) are pursuing a debt that you were unaware of due to correspondence being sent to a previous address, it is critical to act swiftly and methodically. Ignoring the matter will only lead to an increase in fees and potential seizure of goods.

• Do Not Ignore the Notices: The debt is legally valid until challenged correctly. Ignoring it allows enforcement fees to accumulate.
• Contact the Enforcement Agency: The registered keeper should inform the enforcement agency in writing that they are preparing an application to the court to have the warrant suspended because the original penalty notice was never received.
• The Registered Keeper Must Act: The legal liability for the penalty charge rests with the person registered as the keeper of the vehicle with the DVLA. This individual must take the lead in resolving the matter.
• Gather All Evidence: The driver, Ms. Vance, should immediately provide Mr. Finch with a clear copy of the payment receipt. Mr. Finch should also gather proof of his change of address, such as a new tenancy agreement or utility bills from that period.
• Update the V5C Immediately: The registered keeper must update their address with the DVLA without delay to prevent future occurrences and to demonstrate compliance.

Applicable Sections of Law

The legal framework for such situations in the UK is governed by several key pieces of legislation:

• Traffic Management Act 2004: This Act provides the statutory basis for most Penalty Charge Notices (PCNs) issued for traffic contraventions by local authorities and charging authorities in England and Wales.
• The Civil Enforcement of Parking Contraventions (England) General Regulations 2007: These regulations detail the process for issuing and enforcing PCNs, including the notices that must be sent to the registered keeper.
• Tribunals, Courts and Enforcement Act 2007: This Act, along with the Taking Control of Goods Regulations 2013, governs the actions and fee structure of enforcement agents. It outlines the legal process they must follow when recovering a debt.
• The Road Vehicles (Registration and Licensing) Regulations 2002: These regulations impose a legal duty on the registered keeper of a vehicle to promptly notify the Secretary of State (via the DVLA) of any change in their name or address. Failure to do so is a separate offence.

If you are the complainant

In this context, the “complainant” or creditor is the charging authority (e.g., the local council or toll operator). From their perspective, they have correctly followed the legal procedure by sending all notices to the registered keeper’s address on record with the DVLA. Their actions are legally sound. They will only halt the enforcement process upon instruction from the court, which typically happens after the debtor files a successful application to challenge the warrant.

If you are the victim

The term “victim” can apply to both the registered keeper and the driver in different ways.

• The Registered Keeper (Mr. Finch): As the person legally liable for the debt, he is the primary subject of the enforcement action. His crucial step is to apply to the Traffic Enforcement Centre (TEC), which is part of the County Court. He needs to file an ‘Out of Time’ witness statement (or statutory declaration). The legal ground for this is that he did not receive the original Penalty Charge Notice. He must explain that this was because he had moved and had, at the time, failed to update his V5C. If the court accepts this application, the enforcement warrant is revoked, the bailiff’s fees are cancelled, and the case is reset to the initial PCN stage.
• The Driver (Ms. Vance): While not the legal debtor, her role is vital. She must provide her evidence of payment to the registered keeper. This evidence will be crucial in resolving the matter once the case is reset. If her payment was successful, it should clear the original PCN. If it failed or was misallocated, the original PCN amount may still be payable, but the substantial enforcement fees will have been removed.

How the police behave in such cases

The police have no involvement in the civil enforcement of Penalty Charge Notices. This is a purely civil matter between the creditor, the debtor, and the court-authorised enforcement agency. Police should only be called if a criminal offence occurs, such as an enforcement agent being assaulted or a debtor committing a breach of the peace. They will not intervene to prevent the lawful enforcement of a debt.

FAQs people normally have

• Can the debt be legally transferred to the driver? No, the liability for a PCN remains with the registered keeper of the vehicle. The registered keeper could potentially pursue the driver for the cost through a separate small claims court action, but the enforcement agency can only pursue the registered keeper.
• Will I have to pay the enforcement agent’s fees? If the ‘Out of Time’ application is successful, the enforcement warrant and all associated fees are cancelled. The matter reverts to the original penalty charge amount. If the application fails, the full debt, including all fees, becomes payable again.
• What if an enforcement agent visits my property? You are not obliged to grant them entry into your home. It is advisable to speak with them through a closed door or an upstairs window. Inform them that an ‘Out of Time’ application is being made to the Traffic Enforcement Centre to suspend the warrant. Do not become confrontational.

What evidence is required?

To successfully challenge the enforcement action, the following evidence is critical:

• For the ‘Out of Time’ application: Proof of the date the registered keeper moved address (e.g., a tenancy agreement, council tax bill, or utility bill for the new address).
• To resolve the original PCN: The driver’s proof of payment (e.g., a bank statement, email receipt, or transaction confirmation showing the date, amount, and recipient).
• Correspondence: Keep copies of all letters, emails, and text messages received from the enforcement agency.

How long will the investigation take?

Once an ‘Out of Time’ application is filed with the Traffic Enforcement Centre, the enforcement action is typically put on hold immediately. The TEC will then review the application and the creditor’s potential objection, which can take several weeks. If the application is granted, the case is reset, and the parties can then resolve the original penalty charge.

Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of 100 GBP to 400 GBP depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored.

Advocate Sudhir Rao, Supreme Court of India