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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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a bailiff has put a note through my letterbox asking

Resolved Question:

a bailiff has put a note through my letterbox asking for a parking fine penalty plus approx 500 pounds extras the reg no was not on it i havent had a parking ticket for my car and i am not the registered owner of any other car however it is possible that my son who has the same name as myself but does not live at my address had a car registered to my home and this is why it has been put through my door.If this is the case do with the same name and address am i legally bound to pay the penalty and if not what do i tell the bailliff if and when he comes to remove any goods from my house
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 : Do you know whether it was a council or private land ticket please?
Customer:

council

Alex Watts : Ok, let me give this some thought
Alex Watts : Right I have considered this. As it is a council parking ticket it would have been issued at the Traffic Centre
Alex Watts : You therefore need to apply to court for a statutory declaration
Alex Watts : This is where you swear that you had no knowledge about this until recently.
Alex Watts : If accepted the court will wipe of any outstanding fine and start the matter again
Alex Watts : You will then have an opporotunity to defend any proceedings.
Alex Watts : But if you are found to be lying on oath this is perjury
Alex Watts : But if you didn't know about proceedings and you say it's not you then make a statutory declaration
Alex Watts : Can I clarify anything for you about this today please?
Customer:

yes it was not a letter from a court it was a note presumably from a solicitor and the bailiff had written in the ammount owed plus his name and mobile number as i am not the person this vehicle is registered to does it carry any weight and can he take my car or any goods because it is my name and my address

Alex Watts : Ok. Then you should make a statutory declaration to have it set aside.
Alex Watts : That resets everything.
Alex Watts : Does that help?
Customer:

do i tell him i am making a statutory declaration and will he go away where and how do i go about this declaration and will it be of any cost to mysellf c

Customer:

considering i have done no wrong

Alex Watts : Yes you can tell him.
Alex Watts : I don't know if there is a cost, I didn't think so.
Alex Watts : Does that help?
Customer:

will he then go away where and how do i apply for a declaration

Alex Watts : You apply at your local county court.
Alex Watts : He probably won't go away until notified by the court you have made one,
Alex Watts : But call your local county court Monday
Customer:

thank vou till i get the declaration considering he isnt going to go away can he still come in and take anything he wants to am i within my rights not to let him enter or answer the door to him

Alex Watts : You don't need to answer the door, they have no right of entry and can't force their way in, no matter what they say.
Alex Watts : Does that help?
Customer:

yes it does thank you one last question i have been so worried that i have parked my car elsewhere away from my drive will they have the right to clamp it tow it away or forcibly break in to it if i park it back on my drive

Alex Watts : They can clamp it yes. But wait until you have made the stat dec and it has been approved. Then you can park it on your drive again.
Alex Watts : In the meantime it could be clamped.
Customer:

thank you very much alex for your help

Alex Watts : Happy to help, can I clarify anything else for you?
Customer:

the only other thing is the declaration a form that i have to pick up from the court and fill out give it back to them for approval and how long does that take

Alex Watts : No you attend court.
Alex Watts : I am not sure if it's a form or you go before a judge.
Alex Watts : Magistrates Court and County Court procedure vary.
Alex Watts : Does they help?
Customer:

can i go to a magistrates or a county court

Alex Watts : County court is best because this is where it was issued against you.
Customer:

thanking you have a good year all the best

Alex Watts : And you. If I could ask you to rate my answer before you go today, the button should be At the bottom of the screen
Alex Watts : If you need more help please click reply
Customer:

smiley face no problem thanks again

Alex Watts : Thanks. I think you need to press the button!
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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