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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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When I moved house from Staffordshire to Yorkshire last year

Resolved Question:

When I moved house from Staffordshire to Yorkshire last year I sent off for a new driving licence but forgot to send off my car log book. This meant that my car was still registered to the property in Staffordshire. In May I was issued with a penalty charge for driving in a bus lane in Bradford, which I have only this week become aware of. I can't recall the offense but they provide camera evidence. As I was unaware and didn't pay up the case has now been handed over to enforcement agents. In their letter the agents say I owe £172 (plus if they have visited my property "an additional fee of at least £235"). I don't yet know what the sum has now become and the Council say they don't have any capacity to intervene and that I have to deal with the agents and not them. What should I do?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

Hello my name is ***** ***** I will help you with this.

Has it been to Court at all please?

Customer: replied 1 year ago.
It has not yet gone to court. I suspect some visit may have been made to the property in Staffordshire - which is why the post was belatedly sent on to me. Of course there may have been communications in the last week.
Expert:  Ash replied 1 year ago.

Have you tried to appeal to the Adjudicator please?

Customer: replied 1 year ago.
Not so far. I wasn't sure whether that was that best immediate step.
Expert:  Ash replied 1 year ago.

Yes I would appeal if you can. Then if that is not successful you may be able to have a statutory declaration to set it aside.
However I suspect given that you failed to update your V5 it may be turned down as its your responsibility to make sure that it is correct.

Can I clarify anything for you about this today please?

Customer: replied 1 year ago.
Thank you. I will appeal. But how does one go about setting a statutory declaration in motion to set it aside?
Expert:  Ash replied 1 year ago.

You need to apply for a Court to do this. County Court.

Does that clarify?

Customer: replied 1 year ago.
Do I simply contact the County Court? Is it expensive? And can I stop the fines accumulating from the enforcement agents?
Expert:  Ash replied 1 year ago.

Yes contact the Court but they may not deal with it if there is no claim.

The Enforcement agents can only claim on the back of a Court Judgment, not before.

Does that clarify?

Customer: replied 1 year ago.
Thank you Ash. How do I know if there is a claim? Do I have to wait for them to knock on my door here in Bradford?
Expert:  Ash replied 1 year ago.

You need to speak to the Enforcement people or Council and ask them.
If so it is likely to be at Northampton traffic Court
Does that clarify?

Customer: replied 1 year ago.
Thank you. I will appeal and then contact the court if this doesn't prove successful. I'm just worried about alerting the agents to my address and being treated like a criminal. Can they appear and demand payment without a court order?
Expert:  Ash replied 1 year ago.

They can't without a Court Judgment, which you would know about.

Does that clarify?

Customer: replied 1 year ago.
I think I understand Ash. Final question - Are there statutory limits on what enforcement agencies can charge on top of what was originally a £30 fine (which I would have paid if I had known about it)?
Expert:  Ash replied 1 year ago.

Only if there is a Judgment and if so its prescribed by law. It can be quite hefty

Does that clarify?

Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you.