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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70295
Experience:  Over 5 years in practice.
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Hi. I have just received by hand delivery a bailiffs note regarding

Customer Question

Hi. I have just received by hand delivery a bailiffs note regarding a parking an unpaid.
I never received a ticket as I moved my car before one was issued. This is what a thought anyway.
I have received no correspondence from the council or the bailiffs even thought they say 4 letters have been sent. 3 council, 1 bailiffs 2 weeks ago.
Conveniently as i did not receive the bailiff's one, the fine has escalated from £110 to !
£160.
I have had no opportunity offered to defend myself or pay a lower fine.
Is there anything i can do please?
Thanks
Symon
Submitted: 3 years ago.
Category: Traffic Law
Expert:  Jo C. replied 3 years ago.
Thank you for your question. My name is Jo and I will try to help with this.

Do the DVLA have the right address for you please?
Customer: replied 3 years ago.

Hi.


Yes they do.

Expert:  Jo C. replied 3 years ago.
Thanks.

What happens to your post normally?
Customer: replied 3 years ago.

It is delivered as normal to my home address

Expert:  Jo C. replied 3 years ago.
Have you had any problems with it going missing?

Bearing in mind that it would be four different items of correspondence here that all went missing?
Customer: replied 3 years ago.

Not that I know of, but I do not receive much mail. Mainly junk mail.


I appreciate this is four different correspondence. If they were actually sent?

Customer: replied 3 years ago.

I particularly have suspicions about the bailiff's having sent one as me having not received it, has basically made them and extra £50

Expert:  Jo C. replied 3 years ago.
They will have been sent I'm afraid. There are problems with local councils but its just suspending all credibility to argue that all four were not sent. Apart from anything else, its only the NTO and charging certificate that comes from the Council. The warrant and bailiffs notice comes from Northampton County Court and the bailiffs office. They would have no interest in not sending them really.

You can make a statutory declaration to the effect that you didn't get the PCN or NTO.

You do need to be aware though of the risks involved. It is rather optimistic to expect a court to accept lightly that you didn't get all items of correspondence about this from different sources. Filing an inaccurate statutory declaration is perjury and people go to prison for that on first offences.

If you are adamant that you can truthfully declare that you didn't receive any of these then a statutory declaration is the way to go.

You are out of time to make an in time statutory declaration now but you can make an out of time one explaining why you are out of time. That will be refused but it will be allowed on appeal.

If you are successful then you will be allowed to pay the PCN at the reduced rate or appeal.

Can I clarify anything for you?

Jo

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