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Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 63896
Experience:  Over 5 years in practice.
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I received two parking tickets mid last year which I was going

Customer Question

I received two parking tickets mid last year which I was going to appeal at the notice to owner stage, however as the DVLA had made a mistake with me registered address (which has now been rectified) I did not receive any paperwork to appeal until the bailiff's already had a warrant of execution from the council. The bailiff fee for both pcn's is now £1200 and they have clamped my car (which was parked about 20mins walk away from my property) and the bailiff is demanding £500 wired into his bank account to remove the clamp.
I have filled out of time witness statements with the TEC so as to put the bailiff action on hold but I am told that will not make them remove the clamp. And also I am aware that these declarations/statements generally get rejected. I earn a very small wage and am on housing benefits, I cannot afford anything like these amounts of money.

What is my best course of action?

Thankyou
Submitted: 1 year ago.
Category: UK Traffic Law
Expert:  Jo C. replied 1 year ago.
Hi

Thank you for your question and welcome to Just Answer. My name is XX XXX I will try to help with this.

Are you hoping to force the bailiff to remove the clamp?
Customer: replied 1 year ago.
Well that would be a bonus, I use my car to travel to work as I work nights, but more just want to get the disproportionate fines cancelled and pay the original fee's
Expert:  Jo C. replied 1 year ago.
I know this isn’t going to be the answer you want to hear, and it’s certainly not what I want to tell you. However, I wish to be completely honest with you, so I feel obligated to not give you false hope.

The only way to do that at this stage is the statutory declaration route that you've already identified.

You can write to the council asking them to consider withdrawing the penalty but since its been passed to bailiffs they will say its out of their hands and arguably it is because there is an order from Northampton.

Although it is right to say that most out of time stat decs are refused, you can appeal the refusal and most appeals are upheld. Then you need to make an in time stat dec and they are not often refused as they are taken at face value. Obviously though, making an inaccurate stat dec is perjury and people go to prison for that so you need to be sure that every word you set down is accurate.

Also, the stat dec needs to be on proper grounds. One reason the out of time stat decs are often refused is that I think 95% of people make them on incorrect grounds. There is only one ground for an out of time stat dec and that is explaining the reason that you did not act in time. There is nothing else that will be considered. Almost always the answer is that you didn't know anything about it until you heard from the bailiffs and almost never do people raise that. The in time stat then covers what you didn't receive and why. If you plead either incorrectly it will be refused.

The stat decs don't force a bailiff to remove the clamp legally but often they will if they find any evidence that a stat dec might be accepted as its a waste of their time and equipment.

Sorry thats probably not the answer you wanted but it is the position that you have and I have a duty to give you truthful and accurate information even though its not what I want to say.

Hope this helps. Please rate my answer OK SERVICE or above and I can answer your related questions.
Customer: replied 1 year ago.
In stating that I was unaware of anything until the bailiffs does that have to include being unaware of the original ticket being attached to my car? Or is being unaware of the notice to owner enough?
Expert:  Jo C. replied 1 year ago.
Not for an out of time stat dec. There is only one ground for that and that is to explain why you didn't act in time.

There are three grounds for an in time stat dec. You will find them here

http://www.tfl.gov.uk/roadusers/congestioncharging/6749.aspx

But not receiving the NTO of itself isn't sufficient unless you made representations to the FPN.

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