Received notice of enforcement but no previous correspondence?!

One More Solo

One More Solo

One More Solo

Soldato
Joined
29 Dec 2004
Posts
17,114
Location
Shepley
Great start to the weekend when I came home on Friday night to a letter from Northampton county court via a debt collection agency advising that I now owed them and Manchester City Council ~£200 for a bus lane fine and associated admin/collection costs. This was for driving in a bus lane in June last year. I've checked the images on the council website via the reference number on the court notice and I'm not disputing the fine. However, I've had no opportunity to pay the reduced penalty or the penalty minus admin costs as I received no previous correspondence from the council on this, so I'm not willing to pay the increased fine and bailiff costs.

Has anyone had any experience of dealing with similar issues and can advise what to do next? As I said, happy to pay the reduced fine but not the full whack.
 
Have you moved home in the last couple of years? These notices are normally sent to the address of the registered keeper as held by the DVLA. If the car is still registered at the old address then the original correspondence would have been sent there.
 
Hmm, that could be it although I'm sure I updated it. I will check. I'm just curious as to how the bailiffs have sent things to the right address but the Council hasn't.
 
Fair point. I guess forgetting to change my address is a good indication I've not received the previous PCN so can at least appeal on those grounds. Will check the logbook tonight.
 
I would pay the fine now to stop the balance from soaring up - which is likely to be very probable and expensive. Then you can dispute the amount for as long as you want, knowing the balance won't go up.
 
At a guess the bailiffs have done a trace and checked the electoral roll. Personally id pay the bailiffs then argue with the council afterwards
 
One More Solo said:
Hmm, that could be it although I'm sure I updated it. I will check. I'm just curious as to how the bailiffs have sent things to the right address but the Council hasn't.
Click to expand...

The council / DVLA will just use your registered address, the bailiffs will go "hunting" and actually look for where you live (it's what they are being paid to do) in order to settle the debt.

Suck it up, pay the fines and get your log book updated. Appealing this will just get you more fines.
 
Phone the council, talk to their dept, get them to call the bailiffs off due to address issues, then pay the fine.
The collection fees and other costs could be quite high.

I don't see how appealing it will get you more fines. The most you have to do is make lots of boring phonecalls and fill in a bunch of forms.
 
skyripper said:
Phone the council, talk to their dept, get them to call the bailiffs off due to address issues, then pay the fine.
The collection fees and other costs could be quite high.

I don't see how appealing it will get you more fines. The most you have to do is make lots of boring phonecalls and fill in a bunch of forms.
Click to expand...

Maybe cause the only evidence you have to get you off this fine is proving you were breaking the law and subject to another fine of up to £1000?

I doubt the courts will have much sympathy.
 
Greebo said:
Maybe cause the only evidence you have to get you off this fine is proving you were breaking the law and subject to another fine of up to £1000?

I doubt the courts will have much sympathy.
Click to expand...

Was just about to post this, if you don't inform the DVLA of a change of address the fines are up to £1000, of which you have admitted to above.

You can try the council but if the DVLA get wind of it be prepared for them going in dry!!
 
Having been thru the mill in the last 12 months with a london council, the Traffic Enforcement Center and a company of bailiffs, I would offer the viewpoint that they are not in the business of piling on fines just for the fun of it. If you are polite, fill in the right paperwork and talk to the various people (don't try blind emailling them), you can come to a reasonable conclusion. The best advice came from the bailiffs who knew the processes and depts inside out and upside down and even what telephone numbers to talk to.
 
Maundie said:
Was just about to post this, if you don't inform the DVLA of a change of address the fines are up to £1000, of which you have admitted to above.

You can try the council but if the DVLA get wind of it be prepared for them going in dry!!
Click to expand...

This is LOL-worthy. Do you really think the DVLA sit there rubbing their hands in glee "ooooh... he didnt tell us he moved - quick print a big fat fine off and get the hobnobs out, we'll celebrate with extra sugar in the tea."

I'm out.
 
Looks like the legislation considers a PCN is properly served if it's sent to the DVLA registered address. Assuming I've not updated it then I accept it's my fault on that basis. Bugger.

In my defence, it's the first time I've ever moved house whilst owning a car but ignorance is not a defence etc etc.

Also, if anyone has any examples of someone actually receiving a £1,000 fine for not updating their logbook then I'd love to see it, sounds like classic scare tactics.
 
skyripper said:
This is LOL-worthy. Do you really think the DVLA sit there rubbing their hands in glee "ooooh... he didnt tell us he moved - quick print a big fat fine off and get the hobnobs out, we'll celebrate with extra sugar in the tea."

I'm out.
Click to expand...

I've read my post several times and not once did I mention the DVLA sit there waiting for these things rubbing their hands, I do know however that they will push fines through when they get evidence you haven't changed your address as my mother got one 6 months after moving house, she was only 'let off' when she provided evidence of going through a divorce and her mind not being in the right place with having to move etc. due to the split.

Your right about approaching them reasonably and not going all out and the council may let you pay a reduced fee but I if they don't I wouldn't kick off too much, chalk it up to experience and pay the fine.
 
One More Solo said:
Also, if anyone has any examples of someone actually receiving a £1,000 fine for not updating their logbook then I'd love to see it, sounds like classic scare tactics.
Click to expand...

See above, my mother got off because she had proof of divorce etc. not sure if people regularly escape but it was a relief when they said they wouldn't pursue it.
 
skyripper said:
I don't see how appealing it will get you more fines. The most you have to do is make lots of boring phonecalls and fill in a bunch of forms.
Click to expand...
because failing to notify the dvla of a change of address is an offense in itself (see below), so not a defence that can really be mounted. the only outcome will be a delay in paying and a likely increase in bailiff costs as a result of that delay.

Selekt0r said:
I'm not sure I'd be trying to use that as a defense, as failing to notify the DVLA of a change of address is an offense with (in theory) a fine of up to £1000.

https://www.gov.uk/dvla-change-address
Click to expand...
 
You must log in or register to reply here.
Back
Top Bottom