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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 71048
Experience:  Over 5 years in practice.
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In November 2014 I started a new job in Brentford. One morning

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In November 2014 I started a new job in Brentford. One morning I needed to buy some envelopes and parked in a parking bay on the high street which was set in a bus stop area. I can't remember if a ticket was on my car or I received a letter with photo evidence but I was sure at the time I hadn't contravened anything so I wrote to Hounslow borough council to challenge the pcn. At the time we had recently moved house and my car was registered at my old address. My memory is I wrote to the council with a letter from my new address. My memory is they wrote back to me to advise me of the time restriction at the location. And I thought I received that letter at my new address. I went back to the location and saw the time restriction signs so knew the I committed an offence. I then sent the fine off with a cheque.this I did asking my works office manager to post on her way home after work.
Four weeks ago I received a debt collection notice for £512 out of the blue. Calling them they informed me the council had been chasing the payment at my old address. The new owners at our old address have forwarded mail but I haven't seen any reminders or chasing letters. They have though had real personal circumstances with a premature born baby and spent months at St Ormonds hospital last year.
Anyway I have written to both the debt collectors and the council to tell them all this only to be told I only informally challenged the notice and did not give my new address at any stage. I also asked for evidence of their letter back to my challenge as I really thought that came to my new address. I also asked for the amount of the fine so I could check my bank statements for a cheque at around the time of that letter. The council replied but have not provided any answer to those requests. The collection co. tell me they would only write to the address my car was registered to but did tell me the fine was £65 at a discounted rate. I have 3 cheques being sent to me by the bank which are for 65 and 98 pounds as I may have paid either the discounted or full amount just can't remember. I have just received another letter threatening to take my car and auction it. I would appreciate some advice as I truly thought I had paid. The office manager was I found out later very unreliable so that cold be the cause of this.
What would you like to know about this please?
Customer: replied 1 year ago.
I want to know if you think I have any options but pay? Are they being unreasonable in not providing answers to my requests and if the payment was not actually posted if there is any way I can make any reprentations at all.
Customer: replied 1 year ago.
Should I pay but still try and get proof I paid the original fine and ask for the 512 back?
This matter has gone to the adjudicator and been decided against you I presume?
Customer: replied 1 year ago.
I have no idea the letter came out of the blue. If an adjudicator is involved or has been I am unaware.
If it has reached bailiffs then it would have gone to the Adjudicator. Did you send the V5 off to the DVLA informing them of your change of address?
Customer: replied 1 year ago.
Yes but it was after I got ticket!
Yes, but how quickly after moving?
Customer: replied 1 year ago.
I think it was about 8 months?
Ok. That is all I need to know.
If you made informal representations to them and you did not receive a rejection then you do always have the option of making a statutory declaration to that effect. If that works then the matter will be taken back to the time of issue of the fine and you can either pay or appeal. However, it could be refused I’m afraid on the basis that the reason you didn’t reach it was that you didn’t update the DVLA expeditiously. The only obligation upon the council is to write to the address registered with the DVLA. It might be worth a try. You would need to make an out of time stat dec explaining why you are out of time. That could be refused and if it is then you have to appeal which costs £225. That is where it may become more expensive than it is worth. The reality is that it is not worth paying for an appeal that could fail if the amount in question is low. Can I clarify anything for you? Jo
Customer: replied 1 year ago.
Thanks Jo, I did get a rejection to my supposed informal challenge ( I still think I wrote to them) i think they wrote back to me at my current address rejecting that challenge. I then asked someone at work to post the forms and cheque which they say wasn't received. So for months I am ignorant to this and suddenly I get a letter at my new address from a debt collector.
I have asked for copies of the correspondence but that has been ignored. I am waiting to receive 3 cheques from my bank to see if they were to Hounslow borough council.
I am worried about them taking my car before the cheques arrive. I will call them on Monday to ask them to wait a few days for that and if none of the cheques are for the fine then I know they didn't get my cheque and I should just pay. It just feels lucky and unfair that the cheque doesn't make it and no chasing letters ever made it to me.
I think they are probably saying that they sent the other correspondence to the old address because that was registered with the DVLA.
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