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Messages - Freshmilk313

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Civil penalty charge notices (Councils, TFL and so on) / Re: Fixed Penalty Notice sent to wrong address?... any recourse?
« on: April 11, 2024, 09:43:33 am »
No i completely agree with you about it being ancient history and just getting it paid and out of the way, and thanks for confirming what i deep down knew that it wasnt a case for small claims court. the bitterness mainly arose from not finding out about the FPN till over a year later and interest had been building on the debt without my knowledge, then when i challenged HMCTS over the matter i had to file the complaint 3 times before they eventually got back in touch which took a further 5 months, by which time baillifs had turned up at my door. I have just got off the phone with the DVLA and paid it off. Thanks again for the advice

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Civil penalty charge notices (Councils, TFL and so on) / Re: Fixed Penalty Notice sent to wrong address?... any recourse?
« on: April 11, 2024, 09:01:15 am »
Yes it was car I sold 2 years ago that was clamped 2 years ago. I cant remember exactly what the note said on the windscreen, from what I remember it said something along the lines of... I have 7 days to pay £250 or my car would be towed away. I am pretty sure it didn't mention anything about further fines from the DVLA. I presumed it was issued from a company that worked on behalf of the DVLA and that fine was the total fine i.e., once i paid it that was the end of the matter. it certainly didnt give a numerical figure or instructions on how to pay further fine or i would have just done it there and then.

and yes you are right i have already been prosecuted. HMCTS already found me guilty. A friend told me to pay it just to stop the baillifs knocking on my door again, and then maybe take matter to small claims court. just seems like a lot of hassle for little to no reward

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Civil penalty charge notices (Councils, TFL and so on) / Re: Fixed Penalty Notice sent to wrong address?... any recourse?
« on: April 11, 2024, 08:21:01 am »
I couldnt change the V5 once I had sold the car, but surely should still be able to inform the DVLA of a change of address, which i did through the only means left to me i.e., up dating my driving license.

Yes I am now being prosecuted. and yes I didnt find out about the FPN till i received a notice of enforcement letter, the debt has increase to over £1,000 now. contacted HMCTS and they basically wouldnt respond to my claim that the FPN got sent to wrong address but just gave me a settlement figure with DVLA of £345

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Civil penalty charge notices (Councils, TFL and so on) / Re: Fixed Penalty Notice sent to wrong address?... any recourse?
« on: April 11, 2024, 07:59:35 am »
26/02/22 I committed the traffic violation. car got clamped. paid £250 to have clamp removed. put car in garage. car registered to old address.
11/07/22 I sold car and informed the DVLA of new driver and address on V5
10/08/22 I renewed driving license with MY correct address (don't have a car anymore)
12/09/22 "a notice under Section 46 of the Vehicle Excise and Registration Act 1994 was sent to the defendant” presume this is the FPN?, which was sent to old address

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Civil penalty charge notices (Councils, TFL and so on) / Fixed Penalty Notice sent to wrong address?... any recourse?
« on: April 11, 2024, 07:24:56 am »
I forgot to tax vehicle and got clamped as was parked on road. At the time of the incident I hadn't informed the DVLA that I had moved house, the FPN got sent to my old address (the address where vehicle was registered at time of incident) and I never received it.
However, the "notice under Section 46 of the Vehicle Excise and Registration Act 1994" (presume this is the FPN?) wasn't sent till 3 months after the incident, by which point I had contacted the DVLA and informed them that I had sold the car (given name and address of new owner) and I also renewed driving license with the correct address.
As I had informed the DVLA of my change of address before they issued the FPN, surely they should of sent the FPN to that address rather than the address of where the car was registered to at the time of the incident?

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