Baliffs letter to old house for Bham clean air
Discussion
Turns out we forgot to change the address on my wife's cars v5 when we moved house 3 years ago. Stupid mistake.
Current occupants of our old house messaged yesterday to say they had a baliffs letter come through for us. Turns out they also had a letter from just over a month ago saying that we had a 200odd quid fine and a 75 quid debt collection fee because we hadn't paid a clean air charge earlier in the year. Probably a day when I borrowed her car and forgot it's not exempt like my Porsche. The baliffs letter says they now want £499...
So, bugger. I've emailed them this evening offering to pay the fine plus fee but not the baliffs charge as we never received the notice.
What are people's thoughts? Are we legally on the hook to get rinsed for the £499 or will I get away with less?
Current occupants of our old house messaged yesterday to say they had a baliffs letter come through for us. Turns out they also had a letter from just over a month ago saying that we had a 200odd quid fine and a 75 quid debt collection fee because we hadn't paid a clean air charge earlier in the year. Probably a day when I borrowed her car and forgot it's not exempt like my Porsche. The baliffs letter says they now want £499...
So, bugger. I've emailed them this evening offering to pay the fine plus fee but not the baliffs charge as we never received the notice.
What are people's thoughts? Are we legally on the hook to get rinsed for the £499 or will I get away with less?
The first enforcement notice letter lists the PCN under basis for enforcement. The letter of removal refers to debt 'registered against me at Northampton county court' but there's nothing in between about court action, no court ref number etc, so I don't know I suppose!
Nothing on my credit report to suggest a CCJ.
Nothing on my credit report to suggest a CCJ.
Edited by hairykrishna on Thursday 23 November 20:10
hairykrishna said:
The first enforcement notice letter lists the PCN under basis for enforcement. The letter of removal refers to debt 'registered against me at Northampton county court' but there's nothing in between about court action, no court ref number etc, so I don't know I suppose!
Nothing on my credit report to suggest a CCJ.
Sounds like a lot of bNothing on my credit report to suggest a CCJ.
Edited by hairykrishna on Thursday 23 November 20:10
ks dressed up to look legit. I would do some searches of the basis of the charges on the brum clean air website and also call Northampton county court to find out how you can check their register for an action in your name. I would proceed slowly and get to the bottom of this before paying.
hairykrishna said:
Turns out we forgot to change the address on my wife's cars v5 when we moved house 3 years ago. Stupid mistake.
hairykrishna said:
I've emailed them this evening offering to pay the fine plus fee but not the baliffs charge as we never received the notice.
"We never received the notice"? Whose fault is that then I wonder? Oh....
Sebring440 said:
hairykrishna said:
Turns out we forgot to change the address on my wife's cars v5 when we moved house 3 years ago. Stupid mistake.
hairykrishna said:
I've emailed them this evening offering to pay the fine plus fee but not the baliffs charge as we never received the notice.
"We never received the notice"? Whose fault is that then I wonder? Oh....
You'll need to find out if it's gone to court or not.
If it has gone to court, then you'll need to file a set aside, which will then reset the fees - though there is a charge for this and you may only be a few quid better off.
If it hasn't gone to court, you can go back to the authority that issued it, and ask them nicely if you can just pay the fine. Remember these people get treated like c*nts all day by people who have been fined, so if you are nice and polite they do tend to help you!
If it has gone to court, then you'll need to file a set aside, which will then reset the fees - though there is a charge for this and you may only be a few quid better off.
If it hasn't gone to court, you can go back to the authority that issued it, and ask them nicely if you can just pay the fine. Remember these people get treated like c*nts all day by people who have been fined, so if you are nice and polite they do tend to help you!
interstellar said:
Sebring440 said:
hairykrishna said:
Turns out we forgot to change the address on my wife's cars v5 when we moved house 3 years ago. Stupid mistake.
hairykrishna said:
I've emailed them this evening offering to pay the fine plus fee but not the baliffs charge as we never received the notice.
"We never received the notice"? Whose fault is that then I wonder? Oh....
Greendubber said:
interstellar said:
Sebring440 said:
hairykrishna said:
Turns out we forgot to change the address on my wife's cars v5 when we moved house 3 years ago. Stupid mistake.
hairykrishna said:
I've emailed them this evening offering to pay the fine plus fee but not the baliffs charge as we never received the notice.
"We never received the notice"? Whose fault is that then I wonder? Oh....
interstellar said:
Greendubber said:
interstellar said:
Sebring440 said:
hairykrishna said:
Turns out we forgot to change the address on my wife's cars v5 when we moved house 3 years ago. Stupid mistake.
hairykrishna said:
I've emailed them this evening offering to pay the fine plus fee but not the baliffs charge as we never received the notice.
"We never received the notice"? Whose fault is that then I wonder? Oh....
I don't understand this. The OP is 'loath' to pay the additional fees when it is clearly his/his wife's fault for a) not updating the V5c and b) driving a non compliant car into a clean air zone 'because I forgot it isn't compliant like my Porsche'.
Mate, pay up. It's nobody's fault but yours. Stop looking for someone else to blame and accept responsibility for your actions.
Mate, pay up. It's nobody's fault but yours. Stop looking for someone else to blame and accept responsibility for your actions.
interstellar said:
Sebring440 said:
hairykrishna said:
Turns out we forgot to change the address on my wife's cars v5 when we moved house 3 years ago. Stupid mistake.
hairykrishna said:
I've emailed them this evening offering to pay the fine plus fee but not the baliffs charge as we never received the notice.
"We never received the notice"? Whose fault is that then I wonder? Oh....
Service is effective if it is sent to the keeper's last known address. It will be presumed served and you would need to show that it was not, in fact, delivered to the address you no longer live at.
interstellar said:
Recent thread on here showed when it’s for speeding etc from the police it is their responsibility to serve the notice and guarantee the delivery not the person receiving the fine . The defence of “I didn’t receive it” was enough for them to win.
If its the thread I think it is, the OP received the NIP after the 14 day limit. The police sent it to the right address etc just late. The OP hasn't updated their address with the DVLA which is why they didn't receive the letter. Massive difference.
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