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Nicola-mod
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Category: Law
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Experience:  Moderator
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I received a Charge for Payment from a collectors agency of

Customer Question

Hello,
I received a Charge for Payment from a collectors agency of £228.02 for an unspecified fine. After some phonecalls I found out this is about a bus lane violation occurred in September 2015, for which I have never received any notices. The original fine was £45.
The apparent reason is that the Parking Office got a wrong address from DVLA to serve the notice. I changed my address in July 2015 and reported to DVLA, my new licence issued also in July 2015. I also sent V5C forms for my vehicles at the same time, July 2015. I got back new V5C for one vehicle in August (V5C is dated 11/08/15) but not for another vehicle. I complained to DVLA and finally received it in November 2015 (V5C is dated 06/11/15).
This must have been the reason why the penalty notices were sent to my previous address and have never reached me. This is not my fault and there was nothing I could have done to prevent it from happening.
However, in response to my complaint, Glasgow City Council Parking Office said: "...As you failed to make statutory representation against the Notice within the prescribed legislative timescales, the right of appeal has been withdrawn. At this late stage, I find no grounds to reconsider the status of the case."
It seems to me unjustified to have the fine increased from the original £45 to £228 due to a mistake by DVLA or due to a communication error between the Parking office and DVLA. Any advice would be very helpful.
Thanks a lot!
Submitted: 4 months ago.
Category: Law
Expert:  Jo C. replied 4 months ago.

What would you like to know about this please?

Customer: replied 4 months ago.
The Parking Office dismissed my complaint. Is there any way I can challenge the decision to pay £228 on the ground that I have never been served the original notice, not any other warnings until now? I don't even have any idea about the violation for which I've been fined except its number, date, and that it was a bus lane violation.
Expert:  Jo C. replied 4 months ago.

Is this a TFL fine?

Customer: replied 4 months ago.
This is Glasgow City Council parking&bus lanes fine.
Expert:  Jo C. replied 4 months ago.

You can always make a statutory declaration to the effect that you did not receive the PCN.

However, you need to make an out of time stat dec explaining why it is out of time.

Then you would have to make an in time stat dec.

If you get the order wrong they will refuse it.

Expert:  Jo C. replied 4 months ago.

They may refuse it anyway. They often do without of time stat decs but you can appeal and usually that is allowed.

Expert:  Jo C. replied 4 months ago.

If you are successful though then you could just pay at the PCN rate.

Can I clarify anything for you?

Jo

Customer: replied 4 months ago.
Who do I submit the statutory declaration and what should I say to (have a chance to) make it work?
Expert:  Jo C. replied 4 months ago.

You can find them online at the traffic enforcement centre here

Expert:  Jo C. replied 4 months ago.

I can only find word documents at the moment so can't give you a link.

Expert:  Jo C. replied 4 months ago.

Or the TEC will send you the forms.

Customer: replied 4 months ago.
I can't find TEC in Scotland, maybe there is a different organization here.
Expert:  Jo C. replied 4 months ago.

On no, it doesn't but the stat dec forms can be used.

Customer: replied 4 months ago.
This is not very helpful. I expected something more concrete that I can follow.
Expert:  Nicola-mod replied 4 months ago.
Hello,
It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.
I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 4 months ago.
Hello Nicola,
I'd I appreciate you cancel the question for me and refund the payment.
Thanks,
-- Andy

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