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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70212
Experience:  Over 5 years in practice
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I have an old car which I haven't driven in over a year, it's

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I have an old car which I haven't driven in over a year, it's off the road on a private drive at my mothers address. I have today received a demand notice from a bailiff firm enforcing a parking ticket from Newcastle City Council claiming the vehicle has an outstanding parking ticket which has gone unpaid for so long that I now owe them £420. I have absolutely no knowledge of this parking ticket, although it can only have been myself driving at the time. As I don't live at the address & haven't for over 2 years I've never received any earlier correspondence that may have been sent. My mother puts anything delivered in the bin as 'junk mail' only today when this demand has been hand delivered has this been brought to my attention. To cap it all my name is ***** ***** the demand, but having googled the company it appears genuine. What are my options here?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Have you declared it SORN?
Customer: replied 1 year ago.
No, as the tax and insurance had both run their course & it was private property I didn't ever declare it SORN. I realise I should've done but it had never crossed my mind.
Expert:  Jo C. replied 1 year ago.
That is not good news.
Expert:  Jo C. replied 1 year ago.
Normally your starting point would be to consider a statutory declaration.
Expert:  Jo C. replied 1 year ago.
I am not sure that you can here though. It depends on information that only you will have. I imagine that from what you say that you cannot deny receiving the PCN, the NTO or the charging certificate? They may have been sent there and your mother would have intercepted them? If so, then that is not a ground for a statutory declaration.
Expert:  Jo C. replied 1 year ago.
If it is a PCN that should have been attached to the car and was not then you could make a stat dec on that basis.The fact of the absence of SORNing might come out but that isn't the end of the world.The only issue is that you are out of time to make an in time stat dec so you would need to make an out of time one and explain why you didn't act in time - the answer to which is that you didn't SORN the car or keep the DVLA updated with your address.
Expert:  Jo C. replied 1 year ago.
However, that is your only option to resolve this. The only other alternative is to pay in full. If the fees are only £420 then the bailiffs probaby haven't visited yet or the fees would be much higher.
Expert:  Jo C. replied 1 year ago.
Can I clarify anything for you?Jo
Customer: replied 1 year ago.
It appears to have been a PCN which I know I didn't ever recieve. In terms of progressing this would I proceed with the council direct or the firm of bailiffs?
Expert:  Jo C. replied 1 year ago.
It depends what you are going to do.If you are going to pay then you need to pay the bailiffs.If you are making a stat dec then you would need to do that at the traffic enforcement centre by post.
Customer: replied 1 year ago.
I see, not the answer I'd hoped for! An expensive lesson I fear, but I can't imagine a statutory declaration will be accepted by the council after such a period of time. Thank you for your assistance.
Expert:  Jo C. replied 1 year ago.
No, it won't but it might be upheld on appeal.
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