Thread: Speeding fine and bailiffs... HELP!!!

Ok, so here is my story... I had a car that was registered to my flat address last year, I went to Spain to work for 6 months at the end of April 08 and moved my things back to my parents. Whilst in Spain (late October 08) I realized I hadn't let the DVLA know that I was no longer at the address they had, so I registered the car to my parents.
UNKNOWN to me, in this gap i was getting letters from council and eventually bailiffs sent to my old address (for a speeding offense).
I came back to England in December 08 and still new nothing about the letters as the new occupants wern't forwarding my post! It wasn't until about February that all of this came to my knowledge when a friend of mine moved into the same flat and found my post! Its got to the point where bailiffs will be knocking on the door in a day or two.
PLEASE HELP!... how do i play this? I know it was my bad for not registering a new address with the DVLA when I moved out but no way can I afford what this has all added up to.
I live in Merton and have since sold the car (if that helps!?)

I would really appreciate and am very grateful for any advise anyone can offer!

Many thanks

A speeding fine cannot be dealt with by way of a fixed penalty in the normal sense; because of the application of penalty points (3) and the law regarding totting up whereby the collection of 12 points in three years leads to disqualification.

Therefore, if you failed to respond to the Conditional Offer of Fixed Penalty, the matter would go to Magistrates' Court. As you did not answer the summons, the matter will have been dealt with in your absence and a fine and points applied. If you were not liable for disqualification, the that would be the end of the Court's involvement - beyond collecting the fine. If you were liable for disqualification, the matter woyuld have be adjourned to require your attendance.

As you did not get the summons, you did not attend. As you have not surrendered your licence for points to be applied, your UK licence has probably been revoked by DVLA. The outstanding fine is being chased.

The summons, if sent by first class post (as usual) is deemed served unless the contrary can be proven. You need to contact the Court and find out when the summon was posted. if you were out of the country by then, then it could not be served as you can prove that you did not recieve it. In which case, you apply to the Court to have the judgement set aside and this restes the whole matter to summons stage (it is now far too that for a COFP.

You also need to check the status of your licence with DVLA.

First of all, the Council don't issue speeding tickets. What must have happened is that someone triggered a camera in that car, and the police would have sent you a NIP/s172 notice requesting the name of the driver - as you were away, you didn't get that letter.

When the police received no reply, they would have passed it to the Magistrates' Court, who would have summonsed you for Failure to Furnish Information under s172. As you didn't receive the summons, a trial would have been held in your absence, at which you would have been found Guilty, and fined up to £1,000 with 6 pts to go on your licence.

Now the fine hasn't been paid, they are sending the bailiffs to collect. You must go to the Mags Court straight away, explain the situation, and ask for the conviction to be quashed and the case re-heard.

Don't worry about the speeding, that's long gone (6 months time limit for summons), what you have to show is that you could not reasonably have complied with the s172 request.