All corresondence sent to old adress

[hunt]

I got issued with a Fixed Penalty Notice and sent off a cheque within 28 days to pay the fine. By accident I wrote the wrong month on the cheque, thus post dating the cheque by a month (i dated it 10/10 instead of 10/09). The cheque was sent back to me but in the meantime I had moved address (all my details were changed with the DVLA, council tax etc etc) so I never received the cheque back and therefore presumed the fine had been paid and the matter closed. 6 months later I have received a call from somebody at work saying I need to call an officer! It turns out this was the bailiffs and they are saying I now need to pay £365 within 24 hours or they will come to my house to remove items. My arguement is that I have never received any correspondence so how could I know there was a problem? Also the letters have been sent back to the courts by the people living in my old house telling them I had moved but they have continued to press ahead while still sending everything to my old address. My new address could have easily been found from the DVLA or council etc etc so it seems they have made no effort to find where I live after being told I was no longer at that address. Ive told the courts I am more than willing to pay the initial fine but such as big leap in the amount seems unfair when I had no idea there was a problem but they say they cannot do this as its now with bailiffs? Is this true?. I can prove all the dates I moved etc. Many thanks in advance.

[Amy]

Re: All corresondence sent to old adress

You should file a Statutory Declaration and you can do this at a solicitor's office or at a court. A solicitor will charge a small fee, but it is free to swear one at a court.

Basically, what this is is an oath that an earlier part of the process that should have happened, in fact did not happen.

As you have said above, they should have been fully aware of your change of address, but instead have chosen to use your old one in order to maximise their fees.

This will not cancel out the fine, but it will put a halt to bailiff action.

[hunt]

Re: All corresondence sent to old adress

Thanks for your reply. I spoke to somebody at the local court who passed it on to the bailiffs but they said that I could not file a Statutory Declaration as this simply states that I was unaware of the proceedings but this is not the case because the FPN notice was handed to me at roadside so I was aware that proceedings had started against me by accepting the FPN?? Do you think that I can file the Statutory Declaration on the grounds that I never knew the cheque had been sent back and therefore didnt know there was a problem and that all following correspondence went to an old address?

Again many thanks in advance.

[Amy]

Re: All corresondence sent to old adress

Yes, as long as it is true. Making a false declaration is a criminal offence.

[hunt]

Re: All corresondence sent to old adress

Yes it is true, I moved house in between getting the FPN and sending the cheque (which was within the 28 days you have to pay) so when it was returned I was at a new address. How do I obtain a statutory declaration?

[dawney66]

Re: All corresondence sent to old adress

You have to make an appointment at your local magistrates court to swear a stat dec and you can get them to send you the paperwork and take it with you to your appointment.

[Amy]

Re: All corresondence sent to old adress

You should file a Statutory Declaration and you can do this at a solicitor's office or at a court. A solicitor will charge a small fee, but it is free to swear one at a court.

How do I obtain a statutory declaration?

As per post #2.

[hunt]

Re: All corresondence sent to old adress

I have just been to my local magistrates court and they have told me I cannot file a statutory declaration because I knew about the FPN because it was handed to me at roadside. They say it doesn't matter that all correspondence was sent to my old address after I had tried to pay the fine, a statutory declaration can only be made if you knew NOTHING about the offence. Is this true, and if so what is my next step. It seems mightily unfair that they can send letters to a address they know I'm not living at and hit me with a massive bill at the end of it!