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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 69362
Experience:  Over 5 years in practice.
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I hered a vehicle, allegedly got a PCN, however an old address

Customer Question

I here'd a vehicle, allegedly got a PCN, however an old address was given by the hire firm from previous business even though up to date and current details had been given to them. The person that bought my previous property passed (eventually) the debt collection agencies letters onto estate agents, who emailed them to me. I sent a recorded delivery letter to collections agency explaining and offering to pay the original PCN amount, they rejected and have given me 28 days to pay full amount (now about £250).

what can I do......Please
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.

Sorry for the delay.

What would you like to know about this please?
Customer: replied 3 years ago.

I here'd a vehicle, allegedly got a PCN, however an old address was given by the hire firm from previous business even though up to date and current details had been given to them. The person that bought my previous property passed (eventually) the debt collection agencies letters onto estate agents, who emailed them to me. I sent a recorded delivery letter to collections agency explaining and offering to pay the original PCN amount, they rejected and have given me 28 days to pay full amount (now about £250).

what can I do......Please

Expert:  Jo C. replied 3 years ago.
Yes, thanks.

I've read the facts. What I need to know is what is your question about this?
Customer: replied 3 years ago.

Sorry..


 


Where do I stand, I don't want to, or feel I should pay the increased amount. Its not my fault that the registered keeper has give the wrong details for me. This is what has increased the cost dramatically.

Expert:  Jo C. replied 3 years ago.
who is the issuer of this fine?
Customer: replied 3 years ago.

Westminster council.

Expert:  Jo C. replied 3 years ago.
Surely you were not the registered keeper of this car?
Customer: replied 3 years ago.

No, I work for a Chauffer company, they efectively hire the cars to us.So its a hire company who is the registered keeper, they then give our details to any PCN related issues. They gave my old details for this one, yet my new details for others. The collection agency aren't fussed, they are just chasing me now.

Expert:  Jo C. replied 3 years ago.


Do you know for whom the collection company act? I don't think that you can have been liable before an adjudicator because you are not the registered keeper
Customer: replied 3 years ago.
The collectin agency are acting for Westminster council.
Expert:  Jo C. replied 3 years ago.
Thanks.

Do you know if your agreement with the hire company specifically says that you are liable for PCNs?
Customer: replied 3 years ago.
Yes it does.
Expert:  Jo C. replied 3 years ago.
Okay thanks.

You are the liable person then. There is direct caselaw on exactly that point.

If this has led to a warrant of execution at Northampton County Court against you then there is no point in negotiating with debt collectors. You are not dealing with debt collectors anyway. This will be a firm of bailiffs. Bailiffs are not to be underestimated I'm afraid. If you don't pay they will just attend and seize your goods and adds their fees to the bill for the trouble.

If you are saying that you did not get the documentation then you can make a statutory declaration to that effect. The PCN should have been issued to the vehicle. They do issue some by post now but the last majority are affixed to the vehicle.

You should have received also notice to owner and the warrant. If you did not then those are grounds for a statutory declaration although the address issue may be a problem.

You will now be out of time to make and in time statutory declaration but you can make and out of time one. You need to explain why you are out of time. That is the only ground for an out of time stat dec because they are not considering the merits of your substantive claim. They are considering whether or not you should be allowed to make and in time stat dec.

If you intend to do that though then you must act quickly. For a fine has gone to bailiffs this is still a very low amount. If they visit and seize your car for example it will go up to about £800.

Can I clarify anything for you?

Jo

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