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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: 11 months ago.
Category: Law
Expert:  Ash replied 11 months ago.

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

Has it been to Court at all please?

Customer: replied 11 months 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 11 months ago.

Have you tried to appeal to the Adjudicator please?

Customer: replied 11 months ago.
Not so far. I wasn't sure whether that was that best immediate step.
Expert:  Ash replied 11 months 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 11 months 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 11 months ago.

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

Does that clarify?

Customer: replied 11 months 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 11 months 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 11 months 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 11 months 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 11 months 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 11 months ago.

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

Does that clarify?

Customer: replied 11 months 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 11 months 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 11 months ago.
Thank you.