Bailiff/debt costs question

magic

basically a friend was wrongly held responsible for a parking fine on a car she had sold 6 months previous to the offence taking place and dvla was informed at time of sale she was no longer owner. the case was passed over to bailiffs and friend gave all the evidence they requested to show she was not the owner.

anyway, to cut a long story short. she got a statutory out of time declartion form (which should actually have been sent when the final notice was sent but there was no form with the notice and no indication that any form existed) and sent it off to northampton court. it got passed to bow county court (local court to my friend) and the judge said that the matter would go back to newham council (who issued the original fine) and she would have to fill in the form again. basically its gone back to the stage of the final notice and the bailiffs would not be involved.

so she gets a letter from bailiffs today saying she has 72 hours to pay the costs or send in any evidence to the contrary. she is sending in a letter from the court saying what is going on.

BUT she also phoned newham council who told her some story that the judge was wrong and they dont deal with bow county court, only northampton court. they said once it finished with northampton court that should have been the end of it (even though it was northampton court who passed it to bow!).

anyway, the lady at the council said my friend would still have to pay the costs to the bailiffs even if the original fine is overturned. is this true? it would never have got to this stage had the council sent the form with the final notice or had the correct information (we still dont know why the fine is in my friends name as the dvla records clearly show she had not been the registered owner of the car since the date she sold it). she did everything the bailiffs asked in providing information. and the bailiff charges seem wrong as they have claim they have been around to my friends property on numerous occasions but this is not true!!

??? ???

[Deleted User]

If your friend has proof she was not the registered keeper of the vehicle at the time of the offence she cannot be indicted for the offence.

End of story.

cifpower

I know that in Northern Ireland, if you have owned a car which was sold to somebody but the log book has not been updated and the new owner receives a fine which he does not pay the last name on the log book is responible. Even if it wasn't you who incurred the fine.

And the SORN (Satutory Off Road Notice) is only used for Tax Discs in Northern Ireland.