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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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in dec 2012 i recieved a parking fine for car i have never

Customer Question

in dec 2012 i recieved a parking fine for car i have never owned. date of parking offence jan 2012. informed local council not my vehicle. instructed to contact DVLA for proof.
I did this and forwarded paper work to council stating I had never been registered keeper of vehicle, dvla also stated on letter that they had not supplied council with my particulars.
recieved subsequent notification out of time for appeal. monday I RECIEVED LETTER FROM BALLIFFS. CAN YOU PLEASE GIVE ME SOME ADVICE original fine 0f£60 is now £125
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi

What would you like to know about this?
Customer: replied 3 years ago.

FOR JOMO1972


How can i make the council listen to what I say in that i have never owned the vehicle,and have proved with letters from DVLA

Expert:  Jo C. replied 3 years ago.
Have you responded to the paper work formally appealing?

You cannot just send in paperwork and hope it goes away I'm afraid. There is a formal appeals structure.
Customer: replied 3 years ago.

I have appealed by filling in 2 forms sent to me from council.


Because the parking ticket was nearly 12 months old when i recieved it


 


they said i would have make an out of time appeal which i did by filling in the 2 forms the sent me plus the letter from dvla

Customer: replied 3 years ago.

JOMO1972


 


Ihave appealed by filling in 2 form sent to me by council.


Because the parking ticket was nearly 12 months old when i recieved it


 


they said i would have make an out of time appeal which i did by filling in the 2 forms the sent me plus the letter from dvla


 


 

Expert:  Jo C. replied 3 years ago.
Okay.

I've worked it out. You have made and out of time statutory declaration on grounds that do not amount to proper ones. It has been rejected and for that reason it has gone to the bailiffs.

To deal with that you need to make a fresh out of time statutory declaration on proper grounds.

There is only one ground to make and out of time statutory declaration that is to explain why you are out of time. It is not a ground to say that you have various defences to the original fine which is what you were trying to do.

It might be refused anyway and then you will have to appeal.

If you are successful then you can make and in time statutory declaration to the effect that you didn't get the paperwork or whatever the basis of your statutory declaration is.

There's no point in sending documentation that proves that you didn't owe the original money at this stage.

Sorry thats probably not the answer you wanted but it is the position that you have and I have a duty to give you truthful and accurate information even though its not what I want to say.

Hope this helps. Please rate my answer OK SERVICE or above and I can answer your related questions.
Jo C., Barrister
Category: Law
Satisfied Customers: 69369
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.

JOMO1972


 


Thank you very much for your assistance I will try what you suggest


will this action delayn baliff?

Expert:  Jo C. replied 3 years ago.

In theory they can carry on until the warrant is over turned but generally speaking they will not enforce as even if they do recover anything you would only claim it back.

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