How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask JimLawyer Your Own Question
JimLawyer
JimLawyer, Solicitor
Category: Traffic Law
Satisfied Customers: 9264
Experience:  Senior Associate Solicitor
97337639
Type Your Traffic Law Question Here...
JimLawyer is online now

I have received a notice of collection proceedings from a

This answer was rated:

I have received a notice of collection proceedings from a dept agency for a traffic violation that happened in Italy 5 years ago
JA: Because traffic laws vary from place to place, can you tell me where this is?
Customer: It was in Pisa and I was unaware of it until now when a uk company waters & Gate have asked for £405 on behalf of the province of Pisa. They sent me photo of the Italian ticket which says €129 which I have never seen and given the opportunity to dispute or pay
JA: Do you need to appear in court?
Customer: no. The letter says legal action may be taken or could result in further action. They have said if I dispute it they will refer back to their client which is the province of Pisa
JA: Anything else you want the Lawyer to know before I connect you?
Customer: They say we signed for the receipt of the ticket a year later after the alleged traffic violation at our address but the copy they have of the signature is not mine or my wife’s. We have never seen the ticket. Are Waters & Gate able to enforce this?

Hello, this is Jim and I’m a dual-qualified lawyer (UK & Republic of Ireland) happy to help you today.

I recommend you reply to dispute the fine. As a claimant the onus is on them to prove their claim - if the signature is not yours nor your Wife's then they have a flawed claim and you can easily defend it. It would be a small claim so no lawyer is required and the court will post a response pack to you to fill out (to indicate your intention to either admit or deny the claim). It should be dealt with on paper given the size of the claim - so yes whilst they can try to "enforce", you can simply refuse to pay. It would then be up to them whether they want the time and hassle of issuing a small claim - bearing in mind they cannot recover solicitor's fees in a claim under £10,000. So it may cost them more than it's worth in reality.

You can of course come back here if you need any further assistance or if they escalate this.

I hope this helps? If I have answered the question would you kindly leave me a 5 star rating (at the top of your screen), the question will stay open and any follow up questions are welcomed.

Many thanks,

Jim

Customer: replied 18 days ago.
Many thanks for your quick reply. If we dispute the amount they claim do they have any right to increase the amount they are demanding. I have attached their letter, please excuse our scribbling on the letter
Regards
Andy

Hi, they can add the court fee which for a claim of that size is £70 and a hearing fee of £55 (see pages 5 and 7 here:

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/789201/ex50-eng.pdf)

I hope this helps? When you have the chance would you mind giving me a positive rating for the answer (the site will then credit me for my time). There should be a rating system at the top of the screen. Any other queries please let me know.

Many thanks,

Jim

JimLawyer and other Traffic Law Specialists are ready to help you