To be a bit bewildered by this penalty charge?

PicaK · 2021-12-07T04:22:34+00:00

Back in February my house was broken into and my car was stolen. Reported to police, insurance company paid out. Upsetting at the time but got over it. On a Friday 2 letters turned up in the post from a debt collectors. 1 dated 16 Nov telling me they were chasing for money and 1 dated 30 Nov adding on a penalty charge for not contacting them. Turns out that the car thieves had driven it through a bus lane, incurred a penalty charge and Birmingham City Council had sold the debt on. But I never received any notice of a charge. Naively I thought I'd just explain that, send in the crime ref number and that would be job done. I haven't done anything wrong! But the penalty notice people now say I have to fill in an out of time statutory declaration PE2 and PE3 which needs witnessing by the county court or paying a solicitor to witness. Is this absolutely how this works?

Original poster

PicaK · 07/12/2021 04:23

Last Friday not "a Friday"

OP posts:

Mintyt · 07/12/2021 04:49

Pass it on to your insurer, not your insurance company but your underwriter dealing with the claim, is there a telephone number for the debt collector, also if there is an photo of the driver the olive may be interested. I work in insurance and aslo used to work in a debt department ( for insurance) don't be frightened but the notice but explain the facts and supply evidence too.

wombat1a · 07/12/2021 05:49

"But the penalty notice people now say I have to fill in an out of time statutory declaration PE2 and PE3 which needs witnessing by the county court or paying a solicitor to witness."

I suspect part of this is solely to increase the hassle/cost to you of doing so to a level comparable to just paying the fine so that you will be tempted to pay the fine to just get rid of it. These companies are s* of the earth.

PinkPrettyPearls · 07/12/2021 06:19

Contact your insurer, and maybe citizens advice, for advice

ConkerBonkers · 07/12/2021 06:23

If you changed address did you inform the DVLA AND change the address on your car log book separately? If you didn't change your car log book address you have breached rules and could be due a huge fine. Plus would be the reason why any comms about the breach would have been sent to your old address. I would just pay up, and ensure your log book address is up to date asap

Whichcatthatcat · 07/12/2021 06:33

Why should she do that, Missdotty ?
She did not commit the offence, or have the car. Surley updating the log book to say she still owns it is fraud of some sort?

CelebrateAndDream · 07/12/2021 06:34

@Missdotty

If you changed address did you inform the DVLA AND change the address on your car log book separately? If you didn't change your car log book address you have breached rules and could be due a huge fine. Plus would be the reason why any comms about the breach would have been sent to your old address. I would just pay up, and ensure your log book address is up to date asap

Did you actually read the OPs post? The car was stolen...this incident happened AFTER the car was stolen...by the thieves (not the OP!)! It was reported stolen, dealt with through insurers.

Why would she just pay up? She's not done anything!

Theunamedcat · 07/12/2021 06:36

@Missdotty

If you changed address did you inform the DVLA AND change the address on your car log book separately? If you didn't change your car log book address you have breached rules and could be due a huge fine. Plus would be the reason why any comms about the breach would have been sent to your old address. I would just pay up, and ensure your log book address is up to date asap

She hasn't moved? And the car was reported stolen and therfore no longer in her possession?

CelebrateAndDream · 07/12/2021 06:37

@Missdotty also, where does the OP say she's moved house since the car theft?

Mintyt · 07/12/2021 06:39

Do not pay it. Challenge it, your car was stolen, you are a victim of crime, explain to them and advise your insurer.

ConkerBonkers · 07/12/2021 06:40

She may have moved house years ago and not updated the log book. Why else would she have not received the notifications till now. The address change is the missing piece of the puzzle.

fabulouslyglamorousferret · 07/12/2021 06:44

@Missdotty

She may have moved house years ago and not updated the log book. Why else would she have not received the notifications till now. The address change is the missing piece of the puzzle.

That's a big jump to make @Missdotty! The letters were very close together, and only a couple of weeks old ... why would all of this indicate the Op had moved house and feloniously not informed the DVLA? 🤣

WaltzingBetty · 07/12/2021 06:46

@Missdotty

She may have moved house years ago and not updated the log book. Why else would she have not received the notifications till now. The address change is the missing piece of the puzzle.

Ah so you're imagining a scenario to justify your post? If the car was registered to a previous (non-existent) address then why would the OP be receiving notices at her current address now?

Even if that was the case how on Earth is OP liable for a fine committed by thieves after her car was stolen?

Such a weird derail focussed on totally imagined information

ConkerBonkers · 07/12/2021 06:54

I said she may have informed the DVLA but not updated her log book. Easy mistake to make. One that still has a big fine associated. Jeez I'm going back to sleep, enjoy your ranting

CheddarGorgeous · 07/12/2021 06:55

It's a hassle but the last time a solicitor witnessed my signature it only cost me £5.

Platax · 07/12/2021 07:26

@Missdotty

I said she may have informed the DVLA but not updated her log book. Easy mistake to make. One that still has a big fine associated. Jeez I'm going back to sleep, enjoy your ranting

How would the log book not be updated if she'd informed the DVLA?

Fuuuuuckit · 07/12/2021 07:27

@Missdotty

I said she may have informed the DVLA but not updated her log book. Easy mistake to make. One that still has a big fine associated. Jeez I'm going back to sleep, enjoy your ranting

What? Notifying the DVLA IS updating your log book!

Anyway, the fine shouldn't be paid by op, the police and insurance know it had been stolen.

ConkerBonkers · 07/12/2021 07:29

Not notifying the DVLA is not notifying the logbook. They are two separate things. That's how people get stung by this.

ConkerBonkers · 07/12/2021 07:30

Google is your friend

PheasantsNest · 07/12/2021 07:32

@Missdotty is pointing out IF the OP moved house you need to change the address on your V5c and your driving licence. Many people think if they inform DVLA and change their licence then that is enough. They don't realise you need to change your vehicle address too.

Platax · 07/12/2021 07:33

But OP didn't move house.

ChessieFL · 07/12/2021 07:37

Funnily enough I was talking to someone last night who is disputing a penalty charge (he never received the original notification, only the later one where the charge had increased) and he had to go to his local courts to swear and sign in the presence of a court official that he was telling the truth about not receiving the original. So yes, this is a thing!

itsgettingwierd · 07/12/2021 07:41

These parking companies are money grabbing shits.

Years and years ago a warden gave a whole row of 14 cars a ticket for being in a space between 1-2 hours. It was a 2 hour parking limit and they made a mistake.

The company insisted everyone had to jump through hoops to get the falsely produced tickets cancelled.

I asked for a contact address and wrote a letter stating clearly that if they insist on trying to fine me civilly for what they would claim would be a loss to money to businesses for my parking for 62 minutes in a 120 minute space then I'd counter sue for the emotional distress and my time due to their mistake.

I never heard back and never filled out their umpteen forms either!

dementedpixie · 07/12/2021 07:44

@Missdotty

If you changed address did you inform the DVLA AND change the address on your car log book separately? If you didn't change your car log book address you have breached rules and could be due a huge fine. Plus would be the reason why any comms about the breach would have been sent to your old address. I would just pay up, and ensure your log book address is up to date asap

Are you making stuff up or did you not read the OP at all. Where has she moved address? She doesn't have the car or the log book

Original poster

PicaK · 07/12/2021 07:48

I didn't move house. The dvla record was registered to this address. When the insurance company paid up ownership transferred to them. So I owned it but I wasn't driving it. We discovered the theft at 7am and reported immediately.
The bailiff company have put it on hold. They were very pleasant tbh and gave me the number to ring for the penalty charge people the council use.
I don't know why I didn't get the original notice. I'm very law abiding. I was quite upset on Friday at the big bill (£275) I'd been sent.

OP posts: