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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70696
Experience:  Over 5 years in practice
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a vehicle i sold transgressed a bus lane, a ticket was issued

Customer Question

a vehicle i sold transgressed a bus lane, a ticket was issued and found its way to me. As i had sold the vehicle i informed the authority and provided them with a copy of the bill of sale and acopy of the V5C/3 that i had submitted to the DVLA. I LEFT THE MATTER AT THAT , THEN TO MY SHOCK A BAILIFF ARRIVED TO RECOVER THE PENALTY. I contacted the authority to enquire why to be informed thier correspondence had been returned not at this address, therefore it was now my problem. The y are adament i must pay and have instructed the bailiff to enforce.
could you tell me my options please?

kind regards

philip mcgowan
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this.

When did you sell the vehicle please?
Customer: replied 3 years ago.

10/6/13. the offense took place 18/7/13

Expert:  Jo C. replied 3 years ago.
Did you appeal the fine properly or just write to the council?

If its the later thats not sufficient I'm afraid.
Customer: replied 3 years ago.

the information was sent to the appeals officer

Expert:  Jo C. replied 3 years ago.
To the local council?

Did you appeal the Notice to Owner?
Customer: replied 3 years ago.

i told the appeal officer via email provided the information i mentioned previously and in addition informed her that i was 50 miles away on a constrution site signed in through security and also MY vehicle registration noted. she is still not interested


 

Expert:  Jo C. replied 3 years ago.
No, she won't be.

What was the document that you received that led to that email?
Customer: replied 3 years ago.

a bailiffs note through the letter box was the first correspondence i received after i had returned the appeal

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

Would it be possible to tell me what document you received that led to that email?
Customer: replied 3 years ago.

order for recovery of unpaid penalty

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

If they had been writing to your address would you have received that post?
Customer: replied 3 years ago.

we dont always get all our post but these days ive learnt to accept that.


 

Expert:  Jo C. replied 3 years ago.
Thats a problem Im afraid.

Have you checked with the DVLA whether they have transferred ownership over?
Customer: replied 3 years ago.

i have written to the sensitive case work department outlining the problem , i am awaiting a response. whilst weve been talking the bailiff has been in touch hes on his way for the payment

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

What I need to know is whether or not the DVLA confirm that this car is no longer in your name and what was the date of transfer?
Customer: replied 3 years ago.

the reply can take up to 4 weeks for a reply the bailiff wont wait. once i get the reply do i have any recourse?

Expert:  Jo C. replied 3 years ago.
Wont they just tell you over the phone? Its a simple enough question.
Customer: replied 3 years ago.

data protection

Expert:  Jo C. replied 3 years ago.
Ok. Thanks. I just need about 30 mins to type out an answer if thats OK?
Expert:  Jo C. replied 3 years ago.
Thanks for the time.

The essence of this is that a fine has been issued to your vehicle and because it hasn't been appealed its gone to bailiffs.

There are two issues here. The first is whether or not ownership was changed with the DVLA and if not then there might be a claim against them in negligence.

The second and better option though is to make a statutory declaration to the effect that you didn't get the PCN. You can only do that if its true obviously. You do seem to be saying that you didn't get the PCN. Whether thats down to the fact that it was sent elsewhere or that you didn't keep tabs on your post or it just wasn't delivered is another matter. In either case you can truthfully say that you didn't get it.

You are out of time to make an in time stat dec now. You will have to make an out of time one and there is one sole ground for that. That is that you didn't get the notification promptly so couldn't act in time. If you submit any other grounds then it will be refused. Then if you succeed you need to make an in time stat dec covering failing to deliver the PCN.

If accepted, the fines are not wiped but they go back to the issue of the original fine so you can pay at that price.

In the mean time you can seek a stay of the warrant the bailiff has using the N244 forms. Probably the bailiff will not enforce again if he thinks you are making a stat dec anyway but a belt and braces approach is always very help.

Hope this helps. Please let me know if you need more information.

Jo