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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 71041
Experience:  Over 5 years in practice.
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Yesterday, 4th July, I received a letter from Collect Services

Customer Question

Yesterday, 4th July, I received a letter from Collect Services Limited of Egham, Phone *********** with respect of 2 penalty notices from Ealing Council details as follows
PCN Number EA52116990: Date 20/12/2013: Amount £512.00
PCN Number NJ52558392: Date 01/01/2014: Amount £277.00
I did not receive any normal notification of these penalty notices, this is the first time I have been made aware of them. I do not know the reason for them either. I have had penalty notices in the past and have paid them within 14 days as I was given photographic proof of my mistake.
I have only my state pension to survive on + guaranteed credit which is a sum of just less than £150.00 per week, no other income. Ealing Council pays the majority of my rent. I have no savings and end up with perhaps £10.00 at the end of each week, more often less. Can you help please?
Submitted: 3 years ago.
Category: Traffic Law
Expert:  Jo C. replied 3 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.

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

I cannot raise the funds to satisfy this demand and would like to see what can be done to reduce the amount to zero or at least to the normal traffic fine if it is correctly issued

Expert:  Jo C. replied 3 years ago.
Do the DVLA have the right address for you?

These will be parking fines that should have been placed upon your car?
Customer: replied 3 years ago.

Yes, the DVLA has my correct address, it is on my drivers licence. I know what these PCNs refer to but I have never ever had the normal notification from Ealing Council that I had committed an offence. The increase from a normal fine to the statospheric charges from CSI are, in my opinion, criminal profiteering.

Expert:  Jo C. replied 3 years ago.
I'm afraid they are standard sums if you do not pay a parking fine within the time limits.

If you know what they refer to then surely there must have been notification? This will change everything.
Customer: replied 3 years ago.

It is obvious that the PCNs refer to possible traffic offences because they refer to my registration number and roads in Ealing. I wanted help, not someone stating the obvious to me.

Expert:  Jo C. replied 3 years ago.
The only potential option for you is to make a statutory declaration but there are risks in it.

You seem to be saying that you haven't had either fine. If so, you do have grounds for statutory declarations upon both.

You are out of time now so you would need to make an out of time stat dec explaining why you are out of time. They are often refused so you may need to appeal. Whether or not a court is going to accept that a fixed penalty fine was not placed on your car or sent through the post, a notice to owner and a charge certificate were not received in both cases is hard to assess. Obviously you are going to have to satisfy a court that is likely.

If a Court finds in your favour then you can make an in time stat dec to the effect that you didn't get the fines which will reduce them to the sum of the original fine.

Filing an inaccurate stat dec is perjury and indeed perverting the course of justice and people go to prison for that even on first offences so its very important that everything you say is accurate. This is exactly the type of case they would look at because you are asking a court to accept that a very large number of items of correspondence went missing in the post.

Can I clarify anything for you?

Customer: replied 3 years ago.

How does one make a Stat Dec?

Customer: replied 3 years ago.

Please tell me how and where to make a stat dec

Expert:  Jo C. replied 3 years ago.
Are you given the date of judgment? You might be in time. Usually these lettesr refer to a date of charge order.

I'm happy to continue with this but please remember to leave feedback for my answer.
Customer: replied 3 years ago.

I'm so sorry, I've been so upset by this demand that I did not read the letter properly. It states that notice was issued to a previous address. I moved into my present flat on 20th May 2013 which is 7 and 8 months prior to the PCNs. I changed my address with the DVLA within days of taking up residence here. Ealing council offered this flat to me in April 2013 which I immediately accepted so they should have upgraded their records and not made this mistake. I hope I'm not being too optimistic but this sounds an awful lot healthier for me.

Expert:  Jo C. replied 3 years ago.
I thought that something like that might be the issue.

Its not for Ealing to check their records. Their only obligation is to send the correspondence to the address the DVLA have so they have complied with their duties.

You could still try with a statutory declaration but they could refuse it on the grounds that you should have put a redirection on the post.
Customer: replied 3 years ago.

The DVLA had my current address from May 2013. the PCNS are for December 2013 and January2014. I redirected mail from my old flat to this one for a month and notified everyone else that needed it like doctor, dentist, bank etc.

Expert:  Jo C. replied 3 years ago.

There could have been some cross over but you are asking a court to accept that a very large number of correspondences did not reach you - not least two fines that should have been placed on your car although I suppose they could have been issued by CCTV.
Customer: replied 3 years ago.

There is not a great many pieces of correspondence, just 2 PCNs. My address was correct with DVLA and Ealing, who issued the fines, in May 2013. Ealing sent things to the wrong address. The only way that Collect found me is by a simple call to DVLA and the answer could have been with them in February, not waiting till now, July. Do you see what I'm on about.

I am going to go to the council and ask them to sort this nonsense out. I have done nothing to warrant an increase in fines, Ealing is at fault

Expert:  Jo C. replied 3 years ago.
There are two PCNs, two notices to owner, two charge certificates. 6 in total.

I'm really sorry but I'm afraid I cannot agree that Ealing are at fault.
Customer: replied 3 years ago.

You have not given me poor service and you have not answered my concerns fully so we will have to disagree. I will try and let you know the result,


Thank you and good bye



Expert:  Jo C. replied 3 years ago.
Thanks but since you are displeased with my answer I will not be able to continue.

All the best.