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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69359
Experience:  Over 5 years in practice
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I have had a high court enforcement offers from Marston

Customer Question

Hi I have had a high court enforcement offers from Marston at my door demanding £2137 in one parking ticket for a car I sold over 2 years ago .The ticket was issued when the car was not in my ownership but the dvla still have it in my name. I have a bill of sale. To the company I sold the car to. How do I get the warrant removed HELP thanks
Submitted: 1 year ago.
Category: Law
Expert:  Joshua replied 1 year ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience. May I ask if you notified DVLA of the transfer of ownership using the V5C change of ownership section please?If so have you retained proof of postage of the form?Is this a private or council issued ticket?
Customer: replied 1 year ago.

Hi yes sent off but they are saying they did not receive it

No proof of postage

Council

Expert:  Joshua replied 1 year ago.
Thank you. Because this is not a private parking ticket, I will ask my colleague who specialises in council issued fines to contact you. If she is not online right now thi may be a little later today.
Customer: replied 1 year ago.

What I need to know is can I go into a court and go before a judge as ask for it to be removed

Expert:  Joshua replied 1 year ago.
I have asked my colleague to contact you.
Customer: replied 1 year ago.
Ok thanks
Expert:  Joshua replied 1 year ago.
A pleasure. She should be in touch a little later today.
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Sorry for the delay.
Are you still the registered keeper of the vehicle ?
Customer: replied 1 year ago.
Hi jo
Yes according to the dvla but I have a bill of sale to the company I sold the car to
Expert:  Jo C. replied 1 year ago.
Do you know whether or not the fine was before or after the transfer?
Customer: replied 1 year ago.
After the transfer,sorry on the train very poor internet
Customer: replied 1 year ago.

Of the train now better Internet

Expert:  Jo C. replied 1 year ago.
No problem. I have had my own connection problems.
I don't suppose you kept a copy of the V5?
Customer: replied 1 year ago.

No

Expert:  Jo C. replied 1 year ago.
Ok.
If this is a parking fine and you are still the registered keeper then you should have received correspondence about it such as the notice to owner?
Did you get anything like that?
Customer: replied 1 year ago.

No just one after the ticket was issued this was passed to the company who bought this car this was over a year ago

Expert:  Jo C. replied 1 year ago.
Do you remember what that was entitled?
Notice to owner or charge certificate? Or warrant?
Customer: replied 1 year ago.

Sorry do not but at the same time I did information the council that the car was not mine this is on the bailiffs records as well

Expert:  Jo C. replied 1 year ago.
Thank you.
The problem is there is never any point in doing that. They will just ignore it. Come what may, you are the registered keeper and liable for any parking fines unless of course you are no longer the registered keeper.
The plain fact is that you are registered with the DVLA as the registered keeper and although you sent the V5 out it is going to be near impossible to prove that given the circumstances.
Therefore you have to proceed on the basis that you are the liable person. The bailiffs will pursue you and unless you can get this set aside.
You do have the option of making a statutory declaration. You need to make an ounce of times statutory declaration explaining why you are out of time which may be awkward here because you did know about as you received something and sent it back to the council. You will just have to throw yourself upon the mercy of the court in the hope that they take the view that there may have been genuine confusion given that you are a layperson.
If that is successful you can make a statutory declaration to the effect that you did not receive either the fine, notice to owner or representation unsuccessful notice. You seem to be saying that you did receive something which I think was probably the notice to owner so you cannot base your representations on that ground. You could make a statutory declaration on the basis that you didn't receive the fine as indeed you did not. If that is successful that will take the matter back to the issue of the PCN and then you would have the option to pay at the reduced level or appeal.
In relation to the DVLA, you need to submit another V5 and they may find you for not doing so earlier.
Can I clarify anything for you?
Jo

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