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Any help appreciated as time is running out... August 2010 - boyfriend receives a le

Any help appreciated as time is running out...

August 2010 - boyfriend receives a letter from bailiffs requesting £435 for an unpaid parking penalty - this was the first we were aware of this.

It turns out it was issued in October 2009. My boyfriend was bullied into paying this as they threatened to double it if it was paid by 8pm. The penalty itself was for being in a bustop when he dropped his boss off at the station.

I rung Northampton place for advice and they said we could request an out of time Statutory Declaration/Witness Statement with an appeal that we had not received any communication about this penalty. We did this.

But last week, we got a letter saying it had been refused as the council provided details of letters being sent - but they were sent to an old correspondence address.

My partner said he had mail forwarding for 6 months (but not sure if we can prove this) so it should have been forwarded to his new address. He's since moved again when we moved in together, the address the bailiffs traced us to.

Is there any onus on the council to double check addresses at DVLA for a change of address? If so, they would have found out the later addresses much sooner. The road fund licence was sent to correct address, as was their penalty in January 2010 (which we paid immediately).

The trouble is, I am not sure on the exact date he informed DVLA of his new address, it probably was a bit late as originally he thought where he was temporary. There is a possibility that the address they have been sending all correspondence to is the one DVLA had on file at the time of the parking offence, but would have been soon after,

One query I have, I notice on the letter that we got from HMCS there are fees payable to request a review by a District Judge - is this something that we have to pay? If successful will the courts refund it? They need an N244 application to do this before 20 October 2010.

What do you think our chances are of succeeding?

Shall we just move on and accept it on the chin?

Thanks

missmoon

Comments

  • steve1500
    steve1500 Posts: 1,470 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Look on the debt free part of the board, they have loads advice about baliffs
  • king100
    king100 Posts: 1,565 Forumite
    We can deal with bailiffs here, its not an issue please dont post on the debt free forum. I have replied to your post on the motoring section.
    I all have learnt is from others on many sites.
    Seek legal help if unsure.
    Dont pay Private Parking tickets - they are mere invoices.

    PRESS THANKS
    }
  • Has anyone noticed how many of these "unknown" bailiffs letters there seem to be now. What are the councils doing that causes this? Is it that people are more mobile? Are they forgetting to notify DVLA as soon as they change address?
    I'd rather be an Optimist and be proved wrong than a Pessimist and be proved right.
  • king100
    king100 Posts: 1,565 Forumite
    Has anyone noticed how many of these "unknown" bailiffs letters there seem to be now. What are the councils doing that causes this? Is it that people are more mobile? Are they forgetting to notify DVLA as soon as they change address?

    Maybe they are we all know how well the DVLA deal wirth SORN, and I also believe due to budget cuts the councils are not doing much to investigate tickets and their letters.

    They send out to DVLA registered keeper, rather than cross check their electorial register as well. But they make more money if you dont get the letter and dispute it.
    I all have learnt is from others on many sites.
    Seek legal help if unsure.
    Dont pay Private Parking tickets - they are mere invoices.

    PRESS THANKS
    }
  • Coupon-mad
    Coupon-mad Posts: 162,282 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I believe I am right in saying that the Out of Time Declaration is ALWAYS refused, whatever the circumstances, it's a bluff. I'm sure I read this on pepipoo:

    http://forums.pepipoo.com/index.php?showforum=30

    You have to fill in another form and send off £75 (which you will get back) saying you never got an NtO. Have you done that bit yet?

    Start a new thread on pepipoo, maybe read some bailiff threads on there first and then post something similar of your own, asap.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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