Parking ticket dismay

 

Mr G came home one day to find his new car missing from his drive. His immediate reaction was to call the Police to report the theft, He had not been out for very long and thought that the car was likely to still be in the area.

From checks that they were able to do the Police informed Mr G that the car had not actually been stolen but had been removed by Court Bailiff because there were three outstanding parking tickets, the car having been caught by a London Borough Council CCTV illegally parking on three occasions. The fines had been outstanding for several months so the Council had applied to the County Court for a warrant and the car towed away. Mr G was faced with the choice of paying the fines/ticket charges and the towing and storage charge or have the car destroyed.

You would be forgiven for thinking that the moral of the story is not to park illegally, or don't ignore letters from the Council and pay the fine. You would of course be right, but in his case Mr G had only had the car for three weeks and certainly was not the owner when the parking fines had been incurred.

To make matters worse all of his work tools were in the back of the car and he would struggle to pay the fines and charges if he could not work. Mr G sought our advice to try to sort out his dilemma. Once the court order is made it is very hard to overturn. In his case extremely hard as the various rules to set such an order aside are to be made by the person who incurred the charges and are based on them not receiving the notices that the law says they have to. In this case the parking fines belonged to the previous owner who had sold the car, for cash to Mr G and had ignored the letters from the Council and the Court Order. In fact she lived some 20 miles from Mr G, yet the Bailiffs tracked down the whereabouts of the car and it still mystifies us today how they did this.

Mr G was faced with a Court Order to destroy his car (and his tools) which he could not overturn because there was no mechanism to do so for fines and charges he had not incurred and could not afford to pay.

We felt that the only way to put things right was to prove who the owner was, what and how the mistake had been made without the help of the previous owner. The cash sale meant it was difficult but Mr G could show a large withdrawal from his bank account which coincided with the date on his part of the V5 sent to the DVLA. The DVLA could not assist as the previous owner had not sent her part off.

We then showed that he had insured the car from the same date and contacted the car trading magazine where he had seen the advert to get a copy of the original sale advert. Neither the Council or the Court were willing or able to help but with some lateral thinking we were able to prove that he had not owned the car when the fines had been incurred and suggested that he would bring a claim against the Bailiffs if the car was destroyed for its value and his loss of tools and work. Mr G had his car returned.

16th December 2018

Sarginsons Law