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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70187
Experience:  Over 5 years in practice
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I have received a Notice Of Enforcement parking

Resolved Question:

Hello, I have received a Notice Of Enforcement for a parking ticket. I initially contested the ticket and never heard back from London Borough of Barnet. I subsequently moved 3 times in the space of a year, always updating my forwarding address with the post office. Then spent last summer at a campsite while internal work was carried out at a house myself and my partner purchased. I have called the Enforcement Agent and he said to contact Borough of Barnet. I have been on the phone to Borough of Barnet where I was told nothing could be done. Can you help?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hello when did the offence occur?
Customer: replied 1 year ago.
A year ago.
Customer: replied 1 year ago.
Are you still there?
Expert:  Jo C. replied 1 year ago.
Did you update the DVLA with your address?
Customer: replied 1 year ago.
Yes I did.
Expert:  Jo C. replied 1 year ago.
Ok. Was there any overlap? Would there have been any point where the DVLA were unaware of your address?
Customer: replied 1 year ago.
May have been a month or so after first move that I updated DVLA. We were in between moves and were waiting for confirmation of mortgage and exchange of contracts date. I did make sure all post was forwarded to any address we were living at before the purchase of our house was finalised.
Expert:  Jo C. replied 1 year ago.
OK. 1 Did you appeal at the time of the fine? 2 Did you not ever receive a rejection of notice of representations?
Customer: replied 1 year ago.
1. I appealed at the time.
2. I never received anything through the post after that.I called London Borough of Barnet after receipt of Notice of Enforcement. They told me they had rejected my appeal and posted the usual notices afterwards. I told them I received non of these and told them of my circumstances. They said it was out of their hands and in the hands of the bailiffs.
Expert:  Jo C. replied 1 year ago.
You can always make an application to set aside the judgment on the basis that you didn't get the rejection. That is a specific ground.You will need to make an out of time stat dec covering why you did not act in time. That is simple enough as you didnt know anything about it until the enforcers were in court but you must cover this point.Then you need to make an in time stat dec covering the ground to set aside judgment.Can I clarify anything for you?Jo
Customer: replied 1 year ago.
To whom?
Expert:  Jo C. replied 1 year ago.
NOt sure what you mean?
Customer: replied 1 year ago.
How do I make the application to set aside judgement? How do I make an in time stat dec and an out of time stat dec? Do I need a lawyer to draw these up? Who are they sent to? London Borough of Barnet or the Enforcement Agency?
Expert:  Jo C. replied 1 year ago.
You can get the forms from the traffic enforcement centre. You can access them online. I am using an internet connection that won't let me get onto that site at the moment so I can't give you a link.If you send me a reminder at about 7pm I could do it then?
Customer: replied 1 year ago.
Will do. That would be great.
Customer: replied 1 year ago.
Hi Jo, it's 7 o'clock.
Expert:  Jo C. replied 1 year ago.
Hi. Please see here https://www.justice.gov.uk/courts/northampton-business-centre/traffic-enforcement-centre/statutory-declarations but you must do the out of time one first otherwise it will be refused.
Customer: replied 1 year ago.
I have downloaded the forms. The word FORMTEXT is in the spaces that I need to fill out. Do you know what this means?
Expert:  Jo C. replied 1 year ago.
No, but I think you can delete that. It should be that you can fill it out in freetext form.Remember the out of time stat dec just requires a reason you are out of time and no more.
Customer: replied 1 year ago.
Will this go to court? Will there be any other costs? And who will make the final decision?
Expert:  Jo C. replied 1 year ago.
They could refuse the out of time stat dec and then you would have to appeal.There is a fee if you have to appeal.
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