Wrong address for a speeding fine.

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SarahT78
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Joined: 26 May 2017 11:15

#1 Wrong address for a speeding fine.

Post by SarahT78 » 26 May 2017 14:29

On the 23rd my finance officer comes to inform me that I have a fine being taking directly from my wages, Fine? What fine? I have no idea what she is talking about. She comes back to me with paper work from LCCC saying that £569 will be taken directly from my wage and then I spot it….. It’s not my address.
There has clearly been a mistake regarding my post code as there is a j not a g and a completey different address from mine. I call LCCC immediately and am given the details of Bromley Court. I call Bromley immediately to be told is was a speeding fine from June last year.
I was pulled over by police as I was driving over 20 in a 20 MPH zone. I live in Islington and know of at least 7 others that have been done for the same offence. The police officer told me I would receive my fine in the post with the option of attending a speed awareness course at the cost of £100 (something offered to all of my friends) but she also said if I didn’t hear, to count myself very lucky (I was a little tearful at the time due to other circumstances) and when the fine didn’t arrive I thought I was one of the lucky ones and she had taken pity on me. On the 26th £392 was taken from my account despite me explaining that I have a mortgage and two young children to feed. The rest will be taken next mouth.
I have a court date for a magistrate’s court to make my statutory declaration on the 21st June. I will then have to attend Bromley court at a later date. None of this is making any sense- I didn’t receive the fine as it’s not my address.
My wife went to address where the post was sent to see if the bailiffs had attending etc.…. and sure enough there are 3 letters addressed to me. The first letter doesn’t even have my correct name. I’m Sarah Jane and the letter was to Jane. The other letters have my correct name but wrong address.
My understanding is that LCCC have to show that they made fair attempts to contact me. Well that clearly did not happened- They had my national insurance number and my employer’s details and all of this is registered to my home address.
I am fortunate enough to have family that will help me until this is sorted but what about others out there? Others whom may not be able to feed their children or pay their mortgage. I really thought as soon as I proved my address all of this would go away.
I would like to make a complaint against LCCC and potentially my employer and the company that does our payroll- as none of them picked up on the FACT that it was NOT my address. LCCC was able to get my NI number and work details but did not check the address LCCC spoke to be like a piece of dirt of the bottom of their shoe. People make mistakes, I made a mistake the day I got the ticket, the police officer made a mistake when she wrote my details down wrong, my work and payroll made a mistake when they didn’t spot the incorrect address on the letter from LCCC and LCCC clearly did not try hard and find me. Yet I’m the only one being fined.
I will have to take a day and a half of work to appear in court twice. I will have to pay my train fare to Kent. I will have to arrange childcare while I attend court.
All of this is going to cost me more than the original fine and I’m guessing I will still have to pay that.
Oh and I haven’t even mentioned the points that have been added to my driving licence!! I am a law abiding citizen, who has never been in any trouble before. After a day crying about it I’m now feeling really let down hard done by and angry and I would like to try and take the matter further to reclaim loss of earnings, travel etc. If the officer can’t/write import my information correctly why should I believe she can acutely read the speed gun?
Does anyone have any idea whether I would have a case or not again the police for taking or imputing my details incorrectly or LCCC for not actually doing anything but sending two letters to the wrong address?
Also my employees received the letter on the 8th of May from LCCC (with the wrong address) and did not speak to me regarding this matter until the 23rd when it had already been passed to payroll and the money had already been taken out. What about Payroll – do they have to answer to the fact that they did not confirm it was me?
So many incompetence’s yet I’m the one being fined.
Any advice would be very greatly received.
A million thanks in advancve
(PS sorry for all the typing errors but my lunch break is over so no time to edit)

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jasonDWB
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#2 Re: Wrong address for a speeding fine.

Post by jasonDWB » 26 May 2017 16:56

When you are sitting comfortably, I will say this only once.


DO NOT GO TO BROMLEY COURT BY "APPOINTMENT"



They will try to kangaroo the proceedings against you and reinstate the fine.

Read this article: Especially the WARNING >> http://www.dealingwithbailiffs.co.uk/Co ... iliffs.htm

Make a statutory declaration and send it by RECORDED DELIVERY to Bromley Magistrates. If you send it by ordinary post by mistake, you must re-send again it by recorded delivery - otherwise, the declaration will fail.

Court service staff try to "book an appointment" to get you into court and kangaroo the proceedings against you and reinstate the fine. If you send it by RECORDED DELIVERY, court staff have to re-issue a summons and you can state your right for time to prepare your defence or decide on a plea.
Author, Dealing with Bailiffs. Beat the Bailiffs
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SarahT78
Posts: 2
Joined: 26 May 2017 11:15

#3 Re: Wrong address for a speeding fine.

Post by SarahT78 » 26 May 2017 19:50

Thank you so much for taking the time to rely to me. I really appreciate it. I am at Highbury Court for the SD and Bromley at a later date as I failed to appear there in January (because I didn't know).
Thanks so much again

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jasonDWB
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#4 Re: Wrong address for a speeding fine.

Post by jasonDWB » 26 May 2017 19:55

Here is a Template.

It must be sworn in before a solicitor, the fee is about £5 and take photo ID with you. Make a copy by taking a picture of it using your mobile and send the original by recorded delivery to Bromley magistrates and to the LCCC just to be sure. Keep the proof of posting receipts and put them on file with your copy declaration.

Do not attempt to take it to court in person. Court staff will mess you about. Last week an undercover film crew making a documentary corrupt officials attempted to make a section 14 SD at a magistrates court and the result was quite entertaining. The debt and the debtor was fake, played by an actress, but needed to prove that court staff lie or dishonestly give wrong legal advice.
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