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Jamie-Law
Jamie-Law, Solicitor
Category: Traffic Law
Satisfied Customers: 5571
Experience:  Solicitor
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I've just received a notice of collection £90 for a parking

Resolved Question:

Hi I've just received a notice of collection £90 for a parking fine from 2003.
I have no knowledge of this offence or have received any other notification for it.
Is it legal? I have no means of defending the allegation as have no details of the offence.
It is now 2017 surely if such an offence had been committed I would have been notified earlier than this.
Do I have grounds for an appeal?
Submitted: 9 months ago.
Category: Traffic Law
Expert:  Jamie-Law replied 9 months ago.

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

Do you know whether its private or council?

Customer: replied 9 months ago.
Council I believe fixed Penalty on stationary priority route
Customer: replied 9 months ago.
I have no knowledge or recolection of any such offence being committed
Expert:  Jamie-Law replied 9 months ago.

Do you know when they got the Court order?

Customer: replied 9 months ago.
The Notice does not state only that 'The court has made a collection order to collect the sum due.'
Customer: replied 9 months ago.
Notice is dated 23 February 2017
Customer: replied 9 months ago.
That I must pay total amount by 9 March 2017
Expert:  Jamie-Law replied 9 months ago.

Can you ask the Court. That is because if it was granted more than 6 years ago, they need permission from the Court to enforce.

Or you can apply to make a statutory declaration. This is where the Court sends you forms and you complete them. They go before a Judge where you say you knew nothing about it.

The enforcement will then be suspended. But sadly you would be out of time to appeal the original ticket.

Can I clarify anything for you about this today please?

Customer: replied 9 months ago.
should I go to my local magistrate court and who should I ask to see/speak to?
Expert:  Jamie-Law replied 9 months ago.

No it would be the County Court that issued the original enforcement

Usually this is Northampton Traffic Enforcement Centre

Does that clarify?

Customer: replied 9 months ago.
not really how do I ask for statutory declaration?
Expert:  Jamie-Law replied 9 months ago.

As I indicated above -

This is where the Court sends you forms and you complete them. They go before a Judge where you say you knew nothing about it. The enforcement will then be suspended

Does that assist?

Customer: replied 9 months ago.
is this usual to send a notice 14 years after the alleged offence?
Expert:  Jamie-Law replied 9 months ago.

Its not something I have ever come across before.

Customer: replied 9 months ago.
do I call Northampton or has it to be in writing?
Customer: replied 9 months ago.
thank you lastly is it legal to give 1 weeks notice to pay?
Customer: replied 9 months ago.
I only received letter last week
Customer: replied 9 months ago.
obviously I have not had time to mount a defence or make enquiries
Customer: replied 9 months ago.
plus I have no idea which court made the order, or received any notice that it went to court....therefore could not be represented
Expert:  Jamie-Law replied 9 months ago.

Yes it is legal. There has been a Court order with liability, so they can ask for it within a week.

There would not have been a hearing, it would have been dealt with on the papers

Does that clarify?

Customer: replied 9 months ago.
As you can guess I'm a little shocked by it all
Expert:  Jamie-Law replied 9 months ago.

Of course I can imagine. That's why you need to make the statutory declaration

Does that clarify?

Customer: replied 9 months ago.
I'm guessing there are no statute of Limitations on this alleged offence
Expert:  Jamie-Law replied 9 months ago.

If they got the original Court order within 6 years of the parking offence, then no

Does that clarify?

Customer: replied 9 months ago.
Thank you I have just emailed Northampton.
So they need to obtain the court order within 6 years?
That would make it 2009 therefore they would need a further order to grant them permission?
guessing that would have to be before 2015?
Expert:  Jamie-Law replied 9 months ago.

Correct.

But even if its after 2015 it does not matter, they can apply at any time. They just need to obtain the original order within 6 years.

Does that clarify?

Customer: replied 9 months ago.
but they do not need to get a permission within 6 years? (sorry just trying to understand process)
Expert:  Jamie-Law replied 9 months ago.

The original order must be within 6 years of offence.

Then once they get it they have a further 6 years to enforce, failing which they need permission

Does that clarify?

Customer: replied 9 months ago.
ok so they will have needed permission in this instance, but is there a time limit to asking for permission after the 6 years have elapsed?
Expert:  Jamie-Law replied 9 months ago.

No, none whatsoever

Does that clarify?

Customer: replied 9 months ago.
Obviously I will be ascertaining if the correct procedures were followed with my declaration
Customer: replied 9 months ago.
but thank you I think I understand now :)
Expert:  Jamie-Law replied 9 months ago.

Indeed. If this answers your question could I invite you to rate my answer, 5 stars the happy face before you go today, otherwise the site doesn’t pay me for the time spent with you. Thanks in advance!

Jamie-Law and other Traffic Law Specialists are ready to help you
Customer: replied 9 months ago.
what thats outrageous you should be paid no matter what the rating. the stars meerly indicate if the information was correct and helpfull