Dago

Advice please if anyone has some?

I sold my car to a garage just before leaving UK for Kuwait and sent the transfer to DVLA. I went back recently and find a penalty notice for an offence after I left. And more and more reminders including one which said that I was now too late to protest and they were going to send the baliffs, CCJ, summary non judicial execution...

I wrote and explained.

But seriously they can now carry out the threat - the baliff thing I can cope with but the CCJ will be a problem.

Any clues how to approach this?

The Dean

Hi Dago,

Get in touch with Neil Herron, who has campaigned about everything from greengrocers being prosecuted for selling fruit by the pound to speeding cameras to parking fines. I'll PM you his numbers.

Try www.parkingappeals.co.uk which has loads of info. Neil helped me nail the bastards at Tunbridge Wells BC who pursued me for over two years.

Which local authority issued the penalty? Many of them still have ILLEGALLY worded penalty notices. The date of issue (of the penalty notice) and the date of alleged offence have to be specified separately (Road Traffic Act) on the notice (apparently because some local authorities use CCTV to catch illegal parkers up to a few days AFTER the offence, so a separate date MUST be shown for each).

Many have only ONE date, and are unlawful.

Also some say 'pay within 28 days' but the RTA stipulates it must state '28 days FROM SUCH AND SUCH A DATE'.

Good luck.

Cham128

you could always use the human rights violation that you have the right to remain silent, but they are forcing you to waiver that right.

Honestly though if they want to take it to court they have no hope in hell seeing as though you weren't in the country, and your car was signed over at an earlier date... in terms of baliffs, they can't break into your house... they can only come in if you let them in... as you're not living there most of the year they'll have a long wait!

Miss Eck

I have a similar problem. Got pulled for speeding in Eire (125mph ). Was overtaking ... honestly copper! Duly completed my forms and returned them in ample time to pay the said fine (no points as I produced my UAE licence). They write to me many weeks later saying my card number was incorrect and must now pay at the higher rate. Double checked the card number - it was in fact correct. Never got to write back to them as I have since misplaced the paperwork.

What will they do to pursue the matter? Or for 120 euros (I think), will they just forget it?

shakh your bootie

I got fined for speeding in Oman whilst on a w/end break last year... I offered to pay on the spot, but they told me I had to take the ticket to the cop-shop on the Saturday. I told them I would be back in the UAE by then... They said no, I had to go pay. I said no, I have to be at work.... I no pay, I go to work...

I haven't been back to Oman since.. D'ya think I'm on the wanted list?

Miss Eck

I think I seen your mugshot in 7 Days today.

Inselaffen

You need to apply to the court which made the default judgment under Part 12 of the CPR for that judgment to be set aside under Part 13 of the CPR. write to the court giving what evidence you have showing that you had sold the vehicle and sent in the counterpart to the DVLA.

Part 13.3 (1) In any other case, the court may set aside (GL) or vary a judgment entered under Part 12 if –
(a) the defendant has a real prospect of successfully defending the claim; or
(b) it appears to the court that there is some other good reason why –
(i) the judgment should be set aside or varied; or
(ii) the defendant should be allowed to defend the claim.


(2) In considering whether to set aside (GL) or vary a judgment entered under Part 12, the matters to which the court must have regard include whether the person seeking to set aside the judgment made an application to do so promptly.

Eeyore

Don't rely on them forgetting about it. A friend forgot to pay his congestion charge while on a flying visit to London about 18 months ago, and was reminded when a penalty notification arrived here in Dubai a couple of months later (he'd given his Dubai address to the car hire company). He thought "screw 'em" and binned it.

A year later, he's trying to get a mortgage back in the UK, and is declined, because he's got the unpaid CC penalty on his credit record

Miss Eck

Crikey .... I never have any plans to live in Eire again but I guess I best look for my paperwork!

The Dean

Insel,

In my experience if you go to the local authority and mention "Neil Herron" together with "Moses v London Borough of Barnet", they waive it amazingly quickly.......

Dago

This is handy information and I've disconnected the rope and come off the window ledge. I'll have a go at them.

Cham brings out a good point which is the baliff. Of course he needs to be invited in and I wonder that this is exactly what my tenant will do inadvertantly. I'll need to manage that.

Inselaffen

I don't think Moses v LB of Barnet would be relevant in this case. That was over the valdity of the parking ticket. In this case i don't think that is in question. assuming the ticket was correctly issued then it is up to the registered owner of the vehicle to pay it.

The question here is that the OP was not the registered owner of the vehicle at the time and had sent of the counterpart to the DVLA. He needs to write to the council first explaining the situation. If they refuse to budge then a Part 13 application will be his option!

The difficulty will be proving when he notified the DVLA of the change of ownership.

Cham128

well more to the point they will actually ask for you by name... the tennant isn't you and hopefully will say you don't live there...

my friend had a similar problem last year, she got a final demand letter saying they'd send the baliffs around... so she called them and told them that that person doesn't live there... end of story no baliffs turned up etc... although i did have fun buzzing the door and pretending to be a baliff

Cham128

no necessarily there's a date on the v5 transfer form, not to mention that there's insurance documents to say the car was taken off the insurance on a certain day, with any luck you'll have some other paperwork saying that you sold the car to such and such a person and they would have signed and dated it... it's an open and shut case really...

Inselaffen

the responsibilty is still on the seller to send in the v5 isnt it? and a date filled in by hand is not going to be very good evidence. It doesnt show when it was sent. If it was sent by recorded delivery/registered post then that would be an open a shut case.