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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 3214
Experience:  Over 5 years in practice.
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Notice of Enforcement without the receipt of previous fines? I

Customer Question

Notice of Enforcement without the receipt of previous fines?
I received 6 notice of enforcement letters for unpaid penalty charges (Henshall Street N1) from 2014.
After an initial shock of receiving these enforcement notices from Marston, I called them to find out why they would send enforcement letters when they never sent any fines in the first place. The operator on the phone claimed they had sent the fines, but received no response and no payment. When I asked what address they sent this to, she mentioned an old / previous address of mine. This explains why I never received the fines, as they sent this to the wrong address.
I am not quite sure why it took them 16 months to figure out my actual address, but fact is I never received those fines and I have proof of address to validate the time period I have been living at my current address, which covers the time period of the penalty.
In regards ***** ***** address, I am actually surprised in 3 ways. Firstly, I am surprised why they sent the fines to an old address, while they sent the enforcement 16 months later to my current address. Secondly, I am surprised as my drivers license is actually registered to another family address, i.e. it was never registered to my old address or my current address. And they never sent the fines to the family estate / address where my license is registered to. Lastly, my car is a company car and therefore registered with AOD, and again no fine has been sent there?
I'd like to ask for advice on how to best deal with this situation? It certainly doesn't seem right to pay higher rates and additional penalty fees for something I have not even received the initial fine for.
Also, to give a bit of background information on the actual offence, Henshall Street N1 was made no-entry and I took left turns into the road, as I wasn't aware of this. The offences took place on the following dates:
- 6.10.14
- 7.10.14
- 3.11.14
- 5.11.14
- 14.11.14
I understand not knowing something doesn't prevent you from the consequences / penalty. However, if I had actually received the fines, I would have not only been able to pay the fine and avoid additional charges and enforcement, but it would have also prevented me from doing the same offence 6 times. I would have been aware that this is an offence and that Henshall Street is a no-entry latest by the receipt of the first fine.
I would appreciate any advice on how to best address this and solve this situation.
Submitted: 2 years ago.
Category: Traffic Law
Expert:  Jo C. replied 2 years ago.
What would you like to know about this please?
Customer: replied 2 years ago.
Would there be grounds to appeal and if so what would the likelihood of success be for the appeal? And what is the correct process to appeal?
Expert:  Jo C. replied 2 years ago.
Why didn't you appeal when you first received contact from the bailiffs?
Customer: replied 2 years ago.
I only received the "first contact", i.e. letters today. you haven't answered any of my questions?
Expert:  Jo C. replied 2 years ago.
But you said that you had contact with them before then?