Car penalty notices never received - now bailiffs

[filka]

I've just discovered today that on 1 January 2020 I was photographed driving in a bus lane in Reading. No idea if the bus lane was operative on a public holiday.

I have a house in Reading, but it's really a holiday home. But I left the UK on 4 January to return to my main home in Azerbaijan and have not been able to return due to COVID restrictions etc. Realistically I don't expect to get back to the UK before March 2021 at the earliest. Maybe even longer if quarantine restrictions are not lifted as I would have to do 2 weeks each way.

So I didn't receive the original penalty notice or any other communication, the fine was sent to court, a warrant was issued and today I got a message from my neighbours saying that an enforcement officer was hanging around outside my home.

I called the enforcement company, they said the warrant was issued by Northampton County Court (I think...the conversation was rather heated on my side). But the only reference number I have is the original penalty. I don't have a phone number or email address, anything really - just the name of the court.

Ultimately if the bus lane was operative on 1 Jan then I should pay the original fine, but I'd like to avoid all the enforcement costs if possible, given my circumstances.

Is there any way that I can appeal against the warrant given my circumstances? How would I do it, given that judgment has been issued? And that I'm 2500 miles away, locked down by COVID and war. Would it ultimately be cheaper to just pay the bill with all the costs? I think the original fine may have been £60 (discounted to £30 if paid within 14 days) but has now racked up to £408.

And I'd really like to find out if the bus lane restriction was actually operating. I very much doubt if there were any buses working.

Second question...when I spoke to the bailiff I understood that he would/could "take action" if I didn't pay within 24 hours. I understood that to mean he could break the door down to take goods. But when I spoke to the company, they said he could not break in, only take anything that was outside (such as a vehicle). But the car is in the garage and there is absolutely nothing outside the house. So just what could they do?

www.patrol-uk.info/i-have-received-a-pcn/
Is the information on this website of any use? I’m aware of friends who have been caught out by the bus lanes in Reading, particularly near the station. In fact one friend got a ticket dropping off her mother at the station and then another ticket five days later when she picked her mother up. She paid them within 7 days and they were reduced. Not sure why you think bus Lane penalties wouldn’t apply on a bank holiday though?

Write to Reading Borough Council under the FOI and ask them to confirm or otherwise whether the bus lane restriction(s) was operative on New Year's Day, 1st January 2020 - be specific on the date and time. The original NIP should have all the details of time and date with your vehicle's registration clearly shown. Write also to the issuing court and the bailiffs explaining the Covid-19 lockdown situations worldwide. I think you have a good argument.

Suggest you tell them you are living in Azerbaijan...with penalty charge notices there has to be an address for service in the U.K.

See what they say but there is ultimately a procedure to have it set aside in court and start again...but costs £250

Unfortunately I have an address for service in the UK because I own a house and the car is registered there. But I'm not there and can't get there.

I contacted Northampton TEC today and they advised me to appeal and sent me the forms for an Out of Time appeal. Fortunately one of the reasons is non-receipt of the penalty notices, so I do feel that I have a pretty good excuse on that count.

It doesn't say anything about a £250 fee, but I guess even that would be better than having a CCJ against me, even though I don't use credit in the UK.

To be honest it sounds like you were guilty of this offence and if you have left the car registered at your UK home you can hardly complain that you didn't receive the fines. I would settle this asap as the debt will escalate and at some point they will catch up with you.