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    • I didn’t say it wouldn’t. That is not the issue here. To continue driving after the licence has expired (under s88), the driver must have submitted a “qualifying application”.  An application disclosing a relevant medical condition (of which sleep apnoea is one) is not a “qualifying application”, This means the driver cannot take advantage of s88 and must wait for the DVLA to make its decision before resuming driving. The driver’s belief is irrelevant. The fact that a licence was eventually granted may mitigate the offence, but  does it does not provide a defence. But this driver didn’t meet the conditions. I explained why in my earlier post. He only meets the conditions if his application does not declare a relevant medical condition. His did. As I explained, after his birthday he did not hold a licence that could be revoked. In my view it doesn’t matter what it says. The offence is committed because his application declared a medical condition. Meanwhile his licence expired and s88 is not available to him. The GP letter would form part of the material the DVLA would use to complete their investigations. But until those enquiries are completed he could not drive. The offence does not carry points or a disqualification (because a licence could have been held by your father). It only carries a fine and the guideline is half a week’s net income. If he pleads guilty that fine will be reduced by a third. He will also pay a surcharge of 40% of that fine. But the big difference is prosecution costs: a guilty plea will see costs of about £90 ordered whilst being convicted following a trial will see costs in the region of £600.
    • I'd recommend getting a new thread started about this. Let us help!
    • to whom..here? read upload one mass pdf only in date order please too. dx
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Parking fines HELP!!!


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Hello,

 

Would be grateful for any words of advice on this situation.

We moved house in February this year and a few weeks after I sent off, what I thought was, the change of address form to the DVLA.

 

Just over a week ago I received an envelope of post forwarded from our old address and within there were 8 or 9 letters informing that I hadn't paid a parking ticket etc etc.

I spoke to the council and told them that a) I had never seen the parking tickets and that this, truthfully, was the first I'd heard. Explained that everything had obviously gone to old address-they confirmed that the DVLA were giving them my old address.

I have since found out that 5 tickets "are with the bailiffs" and there are a couple more waiting to go. Hundreds of pounds worth.

The tickets are definitely for my car but not when I was driving it.

 

The chap I spoke to at the council informed me that I needed to speak to the court and make an "out of time declaration"-just received those forms this morning and will be sending them back to the court and tell them what happened (to be fair the council officer was a great help and very reasonable about the whole). I explained to the council that I obviously wasn't trying to avoid payment as I had called them and given them my correct details!!

I spoke to the DVLA-who were spectacularly unhelpful and abrasive-who told me that I'd sent them the wrong form "obviously" (described the form and apparently I sent the part of the log book I'm supposed to keep!!).

 

So, eventually-sorry for long post, my question. This is a large debt-£8/900 and I do not have anywhere near that amount of money. Do I have grounds to offer a repayment schedule that I can afford? And, based on anyboy elses experience are they likely to accept?

 

Thanks in advance. Would be very grateful for any responses as this is a huge concern for me.

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HI, although you may be the registered keeper of the car, you state you wasnt driving it at the time. Who was driving it is responsible for the fines not you. Have you received the actual tickets? check they have the two dates on them, there should be a date of alleged offence and a date of issue of the ticket, if they dont have both dates they are deemed void I beleive.

Friendship costs nothing but its rewards can be priceless. Do not judge, as you will not be judged but if you can, try and assist where possible.:smile:

everyone is entitled to MY opinion!:D

I offer my comments without prejudice or liability.

If you found my advice helpful, please click the scales at the top.

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Make sure you file the late stat declaration and put in a letter explaining everything you have said here. Send the late stat dec by recorded and registared post.

When you have done this, phone the bailiff and tell them.

Wait to hear back from northampton county court and they will probably cancel the order for unpaid penalty charges, but not the original parking ticket(PCN).

If northampton cancel the order for unpaid penaly charge, you must then write to the council and ask for a copy of the original PCN and NTO.

Do not let the bailiffs into your house under any circumstances, they will give you all kinds of b*ll****, can I use your toilet/phone etc etc. If northampton cancel the order for unpaid penalty charges the bailiffs will stop calling.

I have had the same thing this week and have filed two late stat decs.

I have PM'd you my phone number, call me.

All I ask is to be treated fairly and lawfully.

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just make a statratry deloration you never recived jack ****. for all the tickets

 

and they will have to turn back the clock and re isue the tickets.

 

at the original price and give you the oper tunity to pay or appeal as if you just recived them.

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Guest MizzPiggy

Hi,

 

Once the PE2 and PE3 forms which are the statutory notice and out of time declaration are submitted to Northampton County Court Bulk centre as advised on the form (suggest you fax them then make sure that they are processed... we do this so that you know it has been dealt with), the whole issue is suspended from Bailiff Action for 14 days. It is sent back to the council and freezes the Bailiffs charges and takes the fine back to its original state! So you won't have the huge debt that is currently there. You will then go through the process (as they all do...) that you will be sent information from the Court that the council has rejected your claim (dont worry this is quite normal...actually its just how it is), to which you can appeal their decision, or they will send an N244 form with the rejection notice from the Council.

 

This form allows you to pay the debt off at what you can afford. It is like an accepted payment plan really and is then sent back to the council for agreement. So far, in our experience we have not had one returned with rejection and so your payment plan begins. Remember...without the Bailiffs costs!!! you are back to the original fine amount. Don't offer what you can't afford is my only advice! if you are lucky, maybe they will in fact let you off?! Not heard of it yet, but good luck.:razz:

 

Any questions....let me know..hope this is clear...

 

Hope this helps....

 

Alison

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Guest MizzPiggy

Just a quick note to Rambo...and anyone else..once you have gone through the process with the Forms....please from personal advice, do not phone the Bailiff till the council sends you confirmation of the forms being lodged. If you fax them over, phone and check they have them!! Then ask them, they are really helpful, for just a copy of something that says you have. (they have a standard letter) hold onto this in case the bailiff tries to return. It is a scary thought, but you are dealing with civil law, to which if he phones the Police, with a warrant, even though it is suspended from action, his piece of paper outways your not having one. So make sure you have the paper saying its received and processed, then phone him and gloat! Alison

P.S for anyone that wants these forms or advice on how to fill them out, they can be found on our website under bailiffs-traffic. Hope it all works out well.

Alison

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Hello, thanks to everyone for their advice-it is very much appreciated.

 

I only read all your posts in the last ten minutes and I had already a) returned the out of time declaration to the court and b) sent a letter to the council (emailed it and also posting today) to confirm that I have done so and restating the facts of the case, i.e. my cousin incurred the charges, I never saw them, the DVLA confirmed that I had "sent the wrong part of the log book" to get my details changed (?!) and so I never received any reminders etc.

I also offered a repayment schedule to the council for the full amount (nearly £1000)—did I do anything wrong?

 

Thanks again

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