Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Tony5Finger on October 20, 2024, 09:28:14 pm
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(I am just a named driver on the car and so had to get my partner (who is the owner) to send this email). The council never replied to this email, which made me believe the issue was settled.
A few months later I received another letter from the council saying they were still chasing the matter, however I mistakingly put it down to a backlog of letters and so presumed it was fine - not the right move I know
until today when a debt collector arrived at the car’s registered address wanting roughly £400.
Luckily I live elsewhere, along with the car,
OP, this doesn't make sense. This is a legal process and who's who is vitally important as is what's what.
You are not a party in these matters, these are the registered keeper and the council. So how come you keep receiving notices, the addressee would be the registered keeper.
If your partner had to respond to the first notice then this must have come by post and acted as the Notice to Owner(also known as a postal PCN). Whether replying by email was permitted, we don't know.
However, IF the first notice was within the formal proceedings then provided a reply was sent in time as directed then the keeper has a potential procedural response even at this stage.
And as for the car not residing at the keeper's DVLA address, which is clearly implied! And it's not the car's registered address, it's the keeper's who presumably lives there??
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Post all the documents you have received, please. If you ignored the Notice to Owner, then you lost your right to submit representations and to appeal to an adjudicator.
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If you ignored a notice to owner you don't have any legal come back, which is a shame as the 0/O keying issue is usually a winner at the tribunal should they try it on.
So what letters have you received. You should have had three statutory docs at the address on the V5C logbook.
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I received a parking fine in January earlier this year, for a ticket I had paid for via RingGo. I realised later that I had entered the car’s reg incorrectly, (swapped an O for a 0), and sent the council in question an email detailing this, along with the payment receipts. (I am just a named driver on the car and so had to get my partner (who is the owner) to send this email). The council never replied to this email, which made me believe the issue was settled.
A few months later I received another letter from the council saying they were still chasing the matter, however I mistakingly put it down to a backlog of letters and so presumed it was fine - not the right move I know. Another letter came a while later saying the issue had been escalated to an “order for recovery of unpaid penalty charge’ (from TE3). I was under a lot of pressure at work at the time and ended up forgetting about the issue, until today when a debt collector arrived at the car’s registered address wanting roughly £400.
Luckily I live elsewhere, along with the car, and so the debt collectors info was forwarded to me, who I promptly called to discuss with. They told me as it was now a court matter I would have to make an application to have the warrant rescinded, using the forms TE7 & TE9, or that I could pay the debt off and apply for a refund from the court retroactively.
What are my chances of actually getting a refund in this situation? The fact that the council didn’t respond to my initial representation had a huge impact on how this all went down, so surely that should be taken into consideration on their part? £400 is a big deal to me.