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Notice of Fine and Collection Order

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Hi there

 

I am hoping someone knowledgeable can help me with this!

 

I have recieved a Notice of Fine and Collection Order for a total of £190

 

This is for a parking offence in December 2008. I received the ticket after a bout of Christmas shopping last year. I sent a cheque immediately and thought nothing more of it.

 

Until I received this notice!

 

I called the Magistrates Court that deal with this and they say that I should have received a summons notifying me of the proceedings - she said this is sent by standard post but I never received it.

 

Surely I should have been sent a reminder before it even got to this stage, but I have had nothing even though the address they hold is correct.

I have checked back through my statements as well and it seems that the cheque was not cashed. I wish I had checked this before but I did not as it was around Christmas/New Year and everything was hectic and with a number of cheques going through my account I just did not notice!

 

I have been advised to go to my local court and ask to make a Statutory Declaration saying I had no knowledge of the court proceedings. I am happy to pay the fine as it was my fault but not happy to pay £190!

 

Does anyone have any knowledge of how to make a statutor demand and which court I should do this at - there seem to be a number of them near me, a magistrates court, a county court and a crown court and I have no idea which one will be able to help me!

 

Can anyone advise me? I am terrified of a baliff visit!

 

Many thanks

TW

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Hi there

 

I am hoping someone knowledgeable can help me with this!

 

I have recieved a Notice of Fine and Collection Order for a total of £190

 

This is for a parking offence in December 2008. I received the ticket after a bout of Christmas shopping last year. I sent a cheque immediately and thought nothing more of it.

 

Until I received this notice!

 

I called the Magistrates Court that deal with this and they say that I should have received a summons notifying me of the proceedings - she said this is sent by standard post but I never received it.

 

Surely I should have been sent a reminder before it even got to this stage, but I have had nothing even though the address they hold is correct.

I have checked back through my statements as well and it seems that the cheque was not cashed. I wish I had checked this before but I did not as it was around Christmas/New Year and everything was hectic and with a number of cheques going through my account I just did not notice!

 

I have been advised to go to my local court and ask to make a Statutory Declaration saying I had no knowledge of the court proceedings. I am happy to pay the fine as it was my fault but not happy to pay £190!

 

Does anyone have any knowledge of how to make a statutor demand and which court I should do this at - there seem to be a number of them near me, a magistrates court, a county court and a crown court and I have no idea which one will be able to help me!

 

Can anyone advise me? I am terrified of a baliff visit!

 

Many thanks

TW

 

Since this has come from a Magistrates' Court - and is therefore not decriminalised parking - then that is the court you should approach. If you go to the Court Office and explain, they should help you through the necessary forms (Statutory Declaration, not Statutory Demand) and arrange for their submission to a Bench for consideration.

 

You say that you received the ticket but nothing else.

 

You should have had a s.112 demand to name the driver and then a summons. If you did not recieve (and respond to) the former, I am surprised that the charge on the summons was not failure to supply.

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Thanks for the advice - I will go and see them tomorrow.

 

On the Fine and Collection order it says Offences and impositions 1/ Contravene free on street parking - Outside greater London

 

There is no mention of failure to supply - its also weird that it says free on street parking as it was not free it was pay and display!?

 

TW

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Unfortunately not I just posted and sent it - only have a cheque stub.

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does your bank statement show the cheque was cashed ? but get the case put aside ASAP !

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does your bank statement show the cheque was cashed ? but get the case put aside ASAP !

 

From OP's original post

 

I have checked back through my statements as well and it seems that the cheque was not cashed. I wish I had checked this before but I did not as it was around Christmas/New Year and everything was hectic and with a number of cheques going through my account I just did not notice!

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