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Jo C.
Jo C., Barrister
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Experience:  Over 5 years in practice
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I parked with my wife in the car in loading place so I could

Resolved Question:

I parked with my wife in the car in loading place so I could pick up some goods from a store.
a camera van came along and started photographing the car so my wife decided to move it.
we have jus been away for 1 month and received a charge certificate stating that as we have not paid the fine from an earlier letter ( no letter has ever been received) that they are doubling the fine and I can not appeal and if I don't pay them £165 they will take a county court action to recover the fine + costs for collection etc.
it is very easy for me to pay this and forget it but I feel my human rights have been abused by Merton council and wish advice of how I can fight for my right to pay the initial fine if it is legal and not get bullied by these people.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

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

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

parking services London borough of merton

Expert:  Jo C. replied 2 years ago.

Do the DVLA have the right address for you?

There would have been a PCN and a NTO on separate occasions.
Customer: replied 2 years ago.

we have not received anything until this charge certificate arrived and the date of this notice is 04/072014

Expert:  Jo C. replied 2 years ago.

Do the DVLA have the right address for you?
Customer: replied 2 years ago.

yes reg cert is at this address


 

Expert:  Jo C. replied 2 years ago.
Does anybody else have access to your post? Shared front door for instance?
Customer: replied 2 years ago.

no we live in a private road in a detached house.


everything is secure and if it had been delivered we would have it.


I never wait if ever if I have a payment to make as I travel a lot I have to deal with everything instantly and if they had not doubled this and said I can not appeal would have not bothered the right or wrong of this fine

Expert:  Jo C. replied 2 years ago.
Thanks.

You can always make a statutory declaration to the effect that you didn't get the PCN if indeed you did not.

If this was a camera van then it should have been served through the post rather than a affixed to your vehicle.

You are probably in time now if you have only just received the charge certificate so its just a simple in time stat dec.

If that is accepted then that will take the matter back to the issue of the PCN and you can either pay or appeal.

You should be aware though that filing an inaccurate statutory declaration is perjury and people go to prison for that even on first offences so its really important that everything you set down is truthful.

Can I clarify anything for you?

Jo
Customer: replied 2 years ago.

how do I make a stat dec the charge notice states they will not consider any representations against the issue of this notice charge and any letters received will be placed on file but no response will be sent.


that is my issue and further if I do not pay they will pursue and register the debt which will incur further costs.

Expert:  Jo C. replied 2 years ago.
The charge certificate usually contains the forms for a statutory declaration on the back of the document.

If you do not pay or get this set aside by means of a stat dec then they will pass it onto bailiffs and the costs will be massively increased. Don't let it reach that stage.
Customer: replied 2 years ago.

there is no form to respond I assume there would of been on the original notice which I never received and in this notice they state they will not consider any representations.


I feel I am being victimised and blackmailed into paying a fine which in the circumstances is unjust although they do not know this and will not accept my representation to not having received their first notice.

Expert:  Jo C. replied 2 years ago.
No, not usually. Usually it goes out with the NTO and the charge certificate.

Failing that you can down load them here

http://www.justice.gov.uk/courts/northampton-bulk-centre/traffic-enforcement-centre/statutory-declarations
Jo C., Barrister
Category: Law
Satisfied Customers: 69772
Experience: Over 5 years in practice
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