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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70510
Experience:  Over 5 years in practice
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Some time ago I was caught on camera driving a PCV vehicle

Resolved Question:

Some time ago I was caught on camera driving a PCV vehicle without a seat belt. A fine was sent through the post. I did not pay it and do not want to pay it on principle (bus drivers used to be exempt until recently). I subsequently moved from this address and gave my mother's address as the new address on my driving licence, though I do not live there (I am currently homeless and about to buy a place). The fine was handed to a debt collection agency who have threatened to forcibly enter my mother's house and distrain my goods - I don't really have any goods there.
Does this debt collection agency (appointed properly by the correct authority) have the right to use 'reasonable force' to enter my mother's house now that she has told them I don't live there?
And what are my prospects if I continue to refuse to pay (the bill is now £500 and rising)?
Thank you in advance. Do you make a charge or can I donate something to charity?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
If this is a police or local council issue fine then they will have a court order and they do have powers to enter forcibly although they very rarely use them for practical reasons. In legal theory though they can enter forcibly to ascertain that you and your goods are not there. They do not have to accept it from her.
They will not do that though. Forceful entries lead to damage and they are liable for the damage. Court bailiffs are the only bailiffs with power to enter forcibly and they have to apply for an order.
What they will do is just track you down by other means.
Do bear in mind that if this is a court fine then you will in the end be arrested and put before the court. People go to prison for non payment of court fines.
Can I clarify anything for you?
Jo
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