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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69788
Experience:  Over 5 years in practice
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I was given a parking ticket after sailing my old car onto

Resolved Question:

I was given a parking ticket after sailing my old car onto new owners. I appealed the penalty late resulting in me having to pay bailiffs. After two years can I claim back? After all I was no longer the owner in the first place therefore I'm not or never have been response able.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

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

Who is the issuer of the fine please?
Customer: replied 2 years ago.

The issuer is Newham London.
Expert:  Jo C. replied 2 years ago.
Thats bad news I'm afraid.

Did you complete the V5 updating the DVLA?

Why did you pay the bailiffs rather than just making a statutory declaration?

Why have you waited two years to act?
Customer: replied 2 years ago.

Yes I completed the V5 & updated DVAL.

Didn't know I could make a Statutory declaration at that time. Bailiffs were knocking my door.

Waited this long as I didn't know where to go for guidance.
Expert:  Jo C. replied 2 years ago.
Thanks.

In principle, you could sue the bailiffs to recover. It is a claim that you could bring. It will not be easy.

The first problem is that the bailiffs had every right to act because a warrant existed. There is no way around that. Whether it should have existed or not is another matter. You would need to remove the authority for that before acting.

You may have grounds for a statutory declaration. You will have to make an out of time one now covering one point only and that is why you are out of time. You are going to have to think of something really exceptional to explain the two year delay. I do realise that a delay was inevitable but not of two years I'm afraid. The attitude of the court may well be that it doesn't take two years to take advice. It would certainly be refused and you would have to appeal which may be refused further for the reason above.

If you get over that hurdle then you have to make an in time statutory declaration. You can only do that if you didn't get the PCN, or didn't receive a response to your representations either to the council or the adjudicator.

If you succeed on that basis then you would have a claim to recover from the bailiffs.

The issue is not now whether or not the fine should have been issued or was fair but whether you have grounds for a statutory declaration.

Can I clarify anything for you?

Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69788
Experience: Over 5 years in practice
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