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Jamie-Law
Jamie-Law, Solicitor
Category: Traffic Law
Satisfied Customers: 9039
Experience:  Solicitor
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I've just received a notice of collection £90 for a parking

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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?

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

Do you know whether its private or council?

Customer: replied 1 year ago.
Council I believe fixed Penalty on stationary priority route
Customer: replied 1 year ago.
I have no knowledge or recolection of any such offence being committed

Do you know when they got the Court order?

Customer: replied 1 year ago.
The Notice does not state only that 'The court has made a collection order to collect the sum due.'
Customer: replied 1 year ago.
Notice is dated 23 February 2017
Customer: replied 1 year ago.
That I must pay total amount by 9 March 2017

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 1 year ago.
should I go to my local magistrate court and who should I ask to see/speak to?

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

Usually this is Northampton Traffic Enforcement Centre

Does that clarify?

Customer: replied 1 year ago.
not really how do I ask for statutory declaration?

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 1 year ago.
is this usual to send a notice 14 years after the alleged offence?

Its not something I have ever come across before.

Customer: replied 1 year ago.
do I call Northampton or has it to be in writing?
Customer: replied 1 year ago.
thank you lastly is it legal to give 1 weeks notice to pay?
Customer: replied 1 year ago.
I only received letter last week
Customer: replied 1 year ago.
obviously I have not had time to mount a defence or make enquiries
Customer: replied 1 year 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

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 1 year ago.
As you can guess I'm a little shocked by it all

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

Does that clarify?

Customer: replied 1 year ago.
I'm guessing there are no statute of Limitations on this alleged offence

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

Does that clarify?

Customer: replied 1 year 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?

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 1 year ago.
but they do not need to get a permission within 6 years? (sorry just trying to understand process)

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 1 year 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?

No, none whatsoever

Does that clarify?

Customer: replied 1 year ago.
Obviously I will be ascertaining if the correct procedures were followed with my declaration
Customer: replied 1 year ago.
but thank you I think I understand now :)

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 1 year ago.
what thats outrageous you should be paid no matter what the rating. the stars meerly indicate if the information was correct and helpfull