Car parking fine: Marston - what now?!

[lmm]

**I've found the answer to my query in another post. I just called the TEC, and they knew all about my case. They're e-mailing me the Stat Dec (out of time) form. Thanks very much!**

Hi All,

I've been mooching around the board in light of a legal problem, and noticed how knowledgeable everyone is; so, I thought I'd jump in and ask a question about a County Court fine I've received in respect of a contested loading bay contravention in Hammersmith of February last year. I sent a letter of reply to them, and heard nothing else. I assumed I'd won my case. However, today, I received a letter that bailiffs would be visiting if I don't pay £277 by September 19th. I've contacted Hammersmith and Fulham parking services, and they tell me they sent out a letter on March 25th last year. But I didn't get it. Two things have conspired against me. First, I moved out of the house they sent it to on March 28th last year, so may have missed it. Second, the letter I sent them was sent from my work address on headed paper. However, they ignored this and took a chance with a different address stored by the DVLA. On the strength of one letter, I now find myself owing more money than I can afford with, they tell me, few more options than to contact CAB or a solicitor. This can't be right!

Please, what can I do? The CC in question is Northampton County Court, if that's any help at all. I also attach a copy of the letter.

Thanks a lot,
Leon

[ploddertom]

Re: Car parking fine: Marston - what now?!

The Council write to the address given to them by the DVLA on the day the offence occurred. Even if you moved 2 days later then all would still go to the old address. You need to contact the Traffic Enforcement Centre, explain what has happened and ask what address is on the Warrant and if it is your new one when they applied for that. The TEC should be able to send you the Out of Time forms by email, fill them in and return the same way. If accepted then all action is put on hold while it is looked at.

https://www.justice.gov.uk/courts/no...y-declarations

[lmm]

Re: Car parking fine: Marston - what now?!

Thanks for this. All forms completed and sent in!

One quick question: if I'm successful, will I be able to continue with my appeal or will it merely allow me to pay the original parking fine? The council rejected my appeal, but they really didn't get underneath the legal arguments I made. I simply don't feel they have a case.

Best,
Leon

[Wombats]

Re: Car parking fine: Marston - what now?!

Thanks for this. All forms completed and sent in!

One quick question: if I'm successful, will I be able to continue with my appeal or will it merely allow me to pay the original parking fine? The council rejected my appeal, but they really didn't get underneath the legal arguments I made. I simply don't feel they have a case.

Best,
Leon

If accepted, the court registration is revoked. They have 19 days in which to decide. The matter is referred back to the LA to decide on their next course of action. If rejected, it is passed to a Court Officer at the TEC for an impartial decision to be made.