36 hours before BR - parking fine (what do I do?)

iquit

OMG it doesn't rain it pours. I just got parking fine in North London - £50 in 14 days or £100 in 28. Don't have the money (obviously or wouldn't be going BR:rotfl::rotfl:). Do I add it to list of creditors or is it exempt and I'll have to eat bakedbeans and toast for a month? Any help very much appreciated. Will also post my SOA later today for expert help. Many thanks.

fiveyearplan

I don't think fines can go into your BR - but not 100% positive about that. You need to find out before your 14 days is up so if you do need to pay you can pay the £50 instead of £100.

fermi

Depends on the nature of the fine. If it is a "penalty charge" rather than a proper legal "fine", then in general it can be included in the bankruptcy.

See the second section in the quote below.

I think most parking "fines" come under that now.

40.22 Fines

(June 2008)

Any fine (as defined in the Magistrates Court Act 1980) imposed on a bankrupt for an offence is not provable URL="http://www.insolvency.gov.uk/freedomofinformation/technical/TechnicalManual/Ch37-48/chapter40/part1/Notes/Notes.htm#15"]Note 15[/URL. This includes parking fines (but see also paragraph 4.22A below) and fines imposed as a result of criminal proceedings.
At section 150 of the Magistrates Court Act 1980 a fine is defined as including any pecuniary penalty or pecuniary forfeiture or pecuniary compensation payable under a conviction. In effect, this means that a fine is usually the result of a criminal conviction.

Where a fine is imposed as a result of the bankrupt being stopped by the police and receiving an on-the-spot fine, i.e. for not having Road Tax on a vehicle, this is also not a provable debt as the activity/inactivity leading to the fine was a criminal offence.

Police officers have the power to issue a penalty notice for disorderly conduct on the street or in a police station for offences which constitute criminality such as shoplifting (a criminal offence under s1 of the Theft Act 1968). Once issued the offender can choose to make payment or request a court hearing. Payment is not considered to be an admission of guilt and results in the removal of the liability to conviction.

Non-payment of the penalty notice results in the registration of the penalty as a fine at one and a half times the value of the original penalty, this will not be a provable debt in bankruptcy. Further information regarding what type of behaviour may result in the issue of a penalty notice for disorder can be found on the Home Office website at http://police.homeoffice.gov.uk/operational-policing/crime-disorder/index.html

40.22A Penalty Charge Notices (frequently referred to as “fines”)

Fixed penalty notices or penalty charge notices issued on behalf of a local authority, including those in relation to the London congestion charge, are not fines for the purpose of section 150 of the Magistrates Act 1980. They should be treated as provable debts and will be released on discharge from bankruptcy. This is applicable to the majority of parking fines.

Local authorities make parking regulations, such as traffic regulation orders or traffic management orders and enforce parking contraventions in accordance with the law. Local Authorities were first involved in the enforcement of a limited number of parking acts by virtue of The Road Traffic Regulation Act 1984, although parking offences were still dealt with and enforcement action taken through the criminal court system.

The Road Traffic Act 1991 decriminalised further parking offences and they therefore fell to the local authority to enforce through the civil system. Further information regarding the type of parking conduct dealt with by the local authority, as opposed to parking offences dealt with by the police and criminal court system is available from the following link http://www.parking-appeals.gov.uk/RegAndLeg/RegAndLeg.htm.

Not all local authorities have the same abilities under The Road Traffic Act 1991 and each must possess a Special Parking Area Order before they commence enforcement. Further information regarding local authorities and their specific parking enforcement abilities can be accessed via http://www.direct.gov.uk/en/TravelAndTransport/TrafficManagement.

iquit

Thank you FYP and Fermi. I'll include it in my BR and see what the outcome is - will keep you updated. BR is tomorrow!!!!!!!!!

dottydora

Good luck for tommorow!

Lightattheend

Good luck for tomorrow, hope it all goes smoothly for you and not too much waiting around.

Merry_Gentry

Good luck for tomorrow.

iquit

Thank you DD, LATE & MG.

fiveyearplan

Good luck from me!

iquit

Thanks FYP

iquit

UPDATE: Thanks for all the support when I was so worried about the parking fine. I have today received letter advising:-

"In the circumstances, the Penalty Charge Notice has been cancelled and the Charge Certificate withdrawn. You need therefore take no further action with regard to this matter"

Yippee-ki-yay!!