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Parking / Traffic Offences A forum to discuss the legalities or unlawfulness of parking/speeding tickets or congestions charges etc.

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Old 21st November 2008, 17:28   #1 (permalink)
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Kaza911 Novitiate
Angry Help!! Bailiff Charge £700 for offence!

Please can anyone help with some advice.
My other half was caught in a junction in a London borough in June and the fine of £100 approx was sent to our previous address. He had updated his details of address through the car leasing company but had not changed this with the DVLA.
THe occupant of the previous address kept on sending the fines back to sender which meant that the fine increased and subsequently a court injunction was made without us knowing of this.
The new occupant managed finally to phone us and to inform us that bailiffs had been around to our old place and had demanded £620 from her. We phoned the bailiffs who told us that they would like the payment by Tuesday. The court has sent us forms to appeal (OOT Application) however will we have a case to fight the charges? How can a fine increase from £100 to £600?
All details have now been changed subsequently with the DVLA.
Would appreciate any advice!

Many Thanks
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Old 21st November 2008, 19:15   #2 (permalink)
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Default Re: Help!! Bailiff Charge £700 for offence!

Quote:
Originally Posted by Kaza911 View Post
Please can anyone help with some advice.
My other half was caught in a junction in a London borough in June and the fine of £100 approx was sent to our previous address. He had updated his details of address through the car leasing company but had not changed this with the DVLA.
THe occupant of the previous address kept on sending the fines back to sender which meant that the fine increased and subsequently a court injunction was made without us knowing of this.
The new occupant managed finally to phone us and to inform us that bailiffs had been around to our old place and had demanded £620 from her. We phoned the bailiffs who told us that they would like the payment by Tuesday. The court has sent us forms to appeal (OOT Application) however will we have a case to fight the charges? How can a fine increase from £100 to £600?
All details have now been changed subsequently with the DVLA.
Would appreciate any advice!

Many Thanks
Is your husband the Registered Keeper or is the lease company?

Your best bet will be to file an Out of Time Statutory Declaration on the basis you never received the paperwork. If this is accepted you should then be issued with a new notice to owner and you will then have opportunity to pay up at the original rate or take the matter to the adjudicator.

You can find the forms here. You should take them to your local county court to get them sworn. It will cost you nothing (or you can take them to a lawyer who will charge).
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Old 22nd November 2008, 00:18   #3 (permalink)
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Default Re: Help!! Bailiff Charge £700 for offence!

Very simple.
Yo need to complete the Out of Time. Once filed this will mean that ALL enforcement action MUST cease.

To avoid this application being rejected you need to be VERY SPECIFIC as to the reason why you are completing this LATE.

I can provide more help tomorrow.

You should let the bailiff know that you have completed an Out of Time. This can be done by either calling him or sending a text.

You need to ensure that you keep you car out of the way until you have filed this with TEC.
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Old 22nd November 2008, 12:29   #4 (permalink)
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Default Re: Help!! Bailiff Charge £700 for offence!

I was under a similar problem and found that submitting the out of time appeals meant that the charge order was rescinded. But in my case my son had allready paid the money to the bailiffs so I wrote to the council and the full amount was refunded.

good luck

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Old 23rd November 2008, 09:44   #5 (permalink)
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Default Re: Help!! Bailiff Charge £700 for offence!

It is important to know that even if you have paid a parking ticket through the bailiff within the past few years and you had no idea about this PCN then you can simply file an Out of Time, which if successful will cancel the Warrant and enable you to apply for e REFUND of the bailiff fees.

An Out of Time can be filed at ANY TIME.
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Old 23rd November 2008, 10:37   #6 (permalink)
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Default Re: Help!! Bailiff Charge £700 for offence!

Thanks to everyone for their really great advice.
We now have an Out Of Time form and will be submitting this straight away.
Thank you all.

Kind Regards.
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Old 23rd November 2008, 10:39   #7 (permalink)
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Default Re: Help!! Bailiff Charge £700 for offence!

Quote:
Originally Posted by pin1onu View Post
Is your husband the Registered Keeper or is the lease company?
Quote:
Originally Posted by pin1onu View Post

Your best bet will be to file an Out of Time Statutory Declaration on the basis you never received the paperwork. If this is accepted you should then be issued with a new notice to owner and you will then have opportunity to pay up at the original rate or take the matter to the adjudicator.

You can find the forms here. You should take them to your local county court to get them sworn. It will cost you nothing (or you can take them to a lawyer who will charge).


Yes he is the Registered Keeper of the vehicle. It is leased through Royal Bank of Scotland.
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