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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69251
Experience:  Over 5 years in practice
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I've received a "notice of enforcement" total of £820. It

Customer Question

Hi, I've received a "notice of enforcement" for a total of £820.
It turns out that I must of been caught speeding on April/2014. The vehicle in question was a company van so the original fine must of gone to the hire company that my employer was using, then presuming the hire company would send it to my employer who would pass it onto me!
I have no recollection of this at all.
I spoke with the debt company today who informed me that they had been sending letters to a different address to mine. I spoken with the police who the the original fixed penalty was with, they had the same addresss as the debt company.
Cut a long story short I was informed to contact my local courts and ask for the case to be re opened and declare a statory declaration. My court date is on the 20/6/16. I was told to take all relevant paperwork with me but I havnt any as its been being delivered to a diff address on my street. Please please could you advise on what I need to do/say in court and where do I stand with the £820 fine?
Many thanks.
Submitted: 4 months ago.
Category: Law
Expert:  Jo C. replied 4 months ago.

What are you hoping to achieve with a statutory declaration?

You seem to accept the offence?

Customer: replied 4 months ago.
that's what I was advised to do by Lincolnshire courts also The vehicle reg was registered to me through my employer with a tracker proving the van would of been outside my address hence my van, I'm not really arguing the toss wether I was driving or not, if Im at fault I'm at fault and hold my hands up and take the points and the original fixed penalty, but I never got a chance too as all the pater work was sent elsewhere on my street so I couldn't respond?
Expert:  Jo C. replied 4 months ago.

Were you driving?

Customer: replied 4 months ago.
I would of been as I work alone, the police told me today that the original offence was at 21:55 so most likely id of been on a call out
Expert:  Jo C. replied 4 months ago.

Ok. Were you convicted in absence of speeding or failing to identify?

Customer: replied 4 months ago.
Not sure what you mean, I presume failing to pay/accept the fixed penalty and failing to attend a court date at Boston magistrates on 17/11/14 which I was informed of today!
Like I say I've had no paperwork at all to accept liability as its been sent to different address
Expert:  Jo C. replied 4 months ago.

It is easy enough to make a statutory declaration. Usually you just attend at about 9.30am at the relevant magistrates court and ask for it to be listed. It is worth calling in advance as some courts have specific days upon which stat decs can be made. There is sometimes a small fee.

The fact that the correspondence was not received for good reason is a ground for a statutory declaration although they might just reopen the prosecution anyway.

That still leaves you with the outstanding charges though. Almost certainly they have charged you with failing to identify the driver. It might be a stand alone count. It might be that you are jointly charged with speeding. If so, then they will probably accept a plea to speeding alone.

Can I clarify anything for you?


Customer: replied 4 months ago.
Thanks jo. I will sort all the relevant forms ect ect and just explain in court that I'm no trying to avoid the points or the fixed penalty or anything like that, I'm guilty of the offence, however my despute will purely be over the paperwork being sent elsewhere
Customer: replied 4 months ago.
how possibly can I be fined for not filling paperwork in that I havnt received, both police and agency have accepted having the wrong address for myself.
Expert:  Jo C. replied 4 months ago.

Because the duty is upon the registered keeper to make sure the address is up to date with the DVLA. That is usually the basis for the argument.

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