Notice of Enforcement at old address

[Aviacom]

I have had a Notice of Enforcement delivered to my old address that I haven’t lived at for a year.

It’s from Swift Enforcements and is for £473 (inc a £75 fee). The original fine was for a court hearing that I didn’t know about until today.

Now where do I stand with this please as I don’t want the new owners of my old address getting grief for this as it’s not their problem, and obviously I don’t want Swift to have my new address!!

I found out about the court fine from a letter to my new address that was direct from the court!

Please help! Can I get this back into court or get rid of these pests somehow?

[zeke]

The law says if you did now know of the conviction until a date after it was pronounced at court, then provided that you make a statutory declaration and send it by RECORDED DELIVERY (Note: the law says recorded delivery) to the fines officer, then the conviction and the fine are void. Section 14 of the Magistrate's Courts Act 1980.

The enforcement power ends when you have posted the statutory declaration by recorded delivery, not when it is received by the court.

The statutory declaration must be sworn before any solicitor, take a photo ID with you and the fee is about £5 - usually. It is free at any county court.

You can create a template Statutory declaration online here: Section 14 Template

Here is more information about section 14 statutory declarations

[delta157]

Can you please provide the link/s or the legislation that states in your post that the enforcement ceases at point of posting! It will make interesting reading.

[zeke]

The solicitor that brought the proceedings used paragraph 3.1 of Practice direction 6a. https://www.justice.gov.uk/courts/proce ... art06a#3.1

• 3.1 Service by post, DX or other service which provides for delivery on the next business day is effected by –
  
  (1) placing the document in a post box;
  
  (2) leaving the document with or delivering the document to the relevant service provider; or
  
  (3) having the document collected by the relevant service provider.

And he successfully argued that the intention to serve the document was affected because the client obtained a certificate of posting one business day before the document was received by the creditor and bailiff company under section 7 of the Interpretation Act 1978.