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Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My car has been clamped for not paying a pcn of which I had

Customer Question

My car has been clamped for not paying a pcn of which I had no idea about because it was sent to my old place of residence which is admittedly my fault as I pretty slow on letting the dvla know of my change of address. The company want £622 to release the clamp is there anything I can do to reduce that amount or will I have to pay up? ?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : Is the issuer the council? If so when was it and did you get the notice to owner please?
Customer:

Hi Alex , yes the pcn was issued by the council for driving in a bus lane in October 2013. Yes I did

Customer:

Hi Alex , are you there? ?

Alex Watts : I am on a train so on and offline.
Alex Watts : Are the details correct with the dvla?
Alex Watts : did you pay the notice to owner?
Customer:

No I have not paid anything as yet and I am in the process of changing my address details

Alex Watts : Ok, but did the dvla have the correct address?
Alex Watts : did you get the notice to owner yes?
Customer:

Yes they had the address that the vehicle was registered to but I had already moved and had no forwarding address. .I did a notice about driving in a bus lane..

Alex Watts :

So the address they had was the old address and they sent the documents there.

Alex Watts :

Why did you not update the address with the DVLA?

Alex Watts :

When did you move and what date was the offence please?

Customer:

Yes it was the old address. I didn't update with the DVLA because I had no place to actually register my vehicle at the time. The reason I moved was because I had just separated from my wife so I was staying with friends and family.Its complicated but I would say from about December 2013 January 2014

Alex Watts :

Ok - thats bad news. As you know its a legal requirement to update the DVLA when you change address, as you did not then all the notices and legal paperwork would have gone to the old address

Alex Watts :

If there would have been a redirection then you would also have gotten that, but you don't need me to tell you that

Alex Watts :

However there are steps you can take to reduce the bill

Alex Watts :

First you will have to pay it to get your car released.

Alex Watts :

But then you can challenge the bailiff fees

Alex Watts :

You can do this in Court and ask the Court to subject the fees to what is called 'detailed assessment'

Alex Watts :

A costs officer / Judge will go through each and every item to see whether the time and rate charged is reasonable for each piece of work

Alex Watts :

If not the Judge can reduce or disallow it

Alex Watts :

But a word of warning, if you seek a detailed assessment and the Judge considers the charges reasonable you have to pay the bailiffs legal costs of attending

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Because of the time frame from the actual intervention up until now , in your experience to you think the judge will be able to reduce or disallow. .and what would the cost of the bailiffs legal bill if it went pear shaped?

Alex Watts :

The cost of a detailed assessment could be £500. In reality its hard to challenge as the rates are set by government and of course there is the issue of the non change of address which is a hurdle.

Alex Watts :

Does that help?

Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thanks again. .will I be able to save the conversation? ?

Expert:  Ash replied 2 years ago.
Yes indeed, copy and paste or come back to it at any time.

Alex

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