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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70284
Experience:  Over 5 years in practice.
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Challenging a magistrate order: I received a judgment from

Resolved Question:

Challenging a magistrate order:
I received a judgment from a magistrate court about an unpaid parking fine. I neither found the ticket on my motorbike nor received any follow up correspondence from the council.
What are the possibilities of challenging this late in the process?
Submitted: 2 years ago.
Category: Traffic Law
Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
Do you mean a Magistrates Court decision or a parking adjudicator?
Customer: replied 2 years ago.

the northampton county court

Expert:  Jo C. replied 2 years ago.
That is a parking adjudicator.
Did you appeal ?
Customer: replied 2 years ago.

No - I only know about it because I received a debt collection letter from Marston

Expert:  Jo C. replied 2 years ago.
Do the DVLA have the correct address for you?
Customer: replied 2 years ago.

they did

Expert:  Jo C. replied 2 years ago.
Go on?
Customer: replied 2 years ago.

whats your question?

Expert:  Jo C. replied 2 years ago.
What I need to know is whether there has ever been a period where the DVLA have the wrong address for you?
Your reply seemed to suggest there was.
Customer: replied 2 years ago.

yes - for a period of 4 months last year

Expert:  Jo C. replied 2 years ago.
Was that the relevant period ?
Did it cover the date of the fine or shortly afterwards?
Customer: replied 2 years ago.

yes it did

Expert:  Jo C. replied 2 years ago.
That is potentially a problem.
You need to make an out of time statutory declaration covering why you didn't appeal in time. That is simple enough. You didn't know anything about the matter until you heard from the bailiffs. That may be refused because they often do refuse out of time stat decs but an appeal is available and it is usually accepted.
Then you need to make an in time stat dec essentially in this case on the basis that you didn't get the original PCN. They could kick up a fuss about the fact that the DVLA had the wrong address. If this is a traffic warden issue parking fine then it would have been placed on your vehicle. If so, the address falls away. If it was issued by CCTV though then it would be sent out by post which obviously will only go to the address of the registered keeper.
If that is accepted though then the matter will be taken back to the issue of the PCN and you can either pay or appeal at that stage.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

Jo

Where do I send the statutory declaration? Is there a particular form required?

renier

Expert:  Jo C. replied 2 years ago.
You will find them here
https://www.justice.gov.uk/courts/northampton-business-centre/traffic-enforcement-centre/statutory-declarations
Jo C. and 2 other Traffic Law Specialists are ready to help you

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