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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70505
Experience:  Over 5 years in practice
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Traffic offence letters seemed to be sent to my old address

Resolved Question:

Traffic offence letters seemed to be sent to my old address although I registered within one week of moving day.
Suddenly correction officer came to the old address and said if I don't pay 1055 GBP I will be arrested. even I don't know what I did.
how can I avoid the charges or any way to appeal?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.

Thank you for your question. My name is ***** ***** I will try to help with this. What was the offence?
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What is the primary offence?
Customer: replied 1 year ago.
Hi, I don't know. The correction person said it is traffic offence possibly speeding or signal ignored?
Customer: replied 1 year ago.
He said I need to pay now and no other option. I can't pay for what I don't know.
Expert:  Jo C. replied 1 year ago.
I suppose you don't deny speeding?
Customer: replied 1 year ago.
I don't think I did. if they give me the evidence, I can say something but I don't have any.
Expert:  Jo C. replied 1 year ago.
It isn't that simple I'm afraid. There is a finding against you.
Did you get a NIP alleging speeding several months before moving?
Customer: replied 1 year ago.
I didn't have any. If I have, I could do something.
Expert:  Jo C. replied 1 year ago.
Was there any difficulty with your post before the move?
Did you complain to the Post Office?
Customer: replied 1 year ago.
No. but sometimes letter sent to number 18 although my address is 1B. I complained to the postman but not post office.
I moved 18th January and started to live new address from 21st January.
Customer: replied 1 year ago.
the car's registration change was sent I believe within 14 days.
Customer: replied 1 year ago.
although the authority does know my address change and they can think I might not receive the letters why they keep sending those letters? it doesn't make sense.
Customer: replied 1 year ago.
I'm sorry but this is my first time to use this service, I don't know how long I should wait. Can you please advise what I can expect?
is this all you can provide?
Expert:  Jo C. replied 1 year ago.
Why don't the authority know your new address? You disclosed formerly to the DVLA?
Customer: replied 1 year ago.
I googled and it said authority can send letters to the address when the offense was taken place.
means they can send letters where the car owner doesn't live anymore. I believe at least once or more the letters were sent back to the court or sender as I couldn't find any letter in the commerce door which means most likely the building management sent back to post office.
I sent the address change to DVLA within 14 days.
Expert:  Jo C. replied 1 year ago.
The authority should and would write to the address they have on file.
If you did give them the new address on the V5 then you have two options. Firstly you could try to get the conviction reopened at the Magistrates Court on the basis that you didn't receive the summons. Secondly you could make a statutory declaration on the point.
If you succeed on a stat dec the matter will be taken back to the issue of the original fine.
Even if they just reopen the conviction you can plead guilty there and then and the sentence will contain vastly reduced costs.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
Thank you. Can you please advise how I can ask the Magistrates Court to reopen the case? just write a letter or email?
the correction company threatened if I don't pay 1055GBP immediately even I don't know what for, Police will arrest me.
Do you think if I explain I'm intending to reopen the case, they might stop sending people to the old flat( I don't live there but my ex-landlord was so frightened for their attitude)
Expert:  Jo C. replied 1 year ago.
You just attend at the issuing court first thing in the morning and ask to make an application. It might be worth calling in advance as some courts have specified dates upon which they will accept reopen applications and stat decs.
In the meantime though they will continue to enforce.
Customer: replied 1 year ago.
Sure. only one thing, what decs meaning?
Expert:  Jo C. replied 1 year ago.
Statutory declaration. A declaration on oath of a fact.
Jo C. and other Law Specialists are ready to help you
Customer: replied 1 year ago.
thanks.