Outstanding Penalty Charge

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paul141
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by paul141 » Fri Sep 22, 2017 3:08 pm
Can a outstanding Penalty Charge amount be added to a IVA debt?
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kallis3
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by kallis3 » Fri Sep 22, 2017 3:27 pm
What is it for and is it post IVA acceptance. You may not be able to do it.
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Foggy
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by Foggy » Fri Sep 22, 2017 3:28 pm
"Fixed penalty notices or penalty charge notices issued on behalf of a local authority, including those in relation to the London congestion charge, are NOT fines for the purpose of section 150 of the Magistrates Act 1980. They should be treated as qualifying debts and will be released at the end of the moratorium period. this is applicable to the majority of parking fines"

If it is a penalty issued by the local authority or one of it's minion enforcer firms and arose before you go into an IVA it can be included. If it is a fine issued by the court or it arose after you started the IVA it can't.
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kallis3
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by kallis3 » Fri Sep 22, 2017 3:31 pm
Sounds as though he may already be in an IVA.
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Foggy
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by Foggy » Fri Sep 22, 2017 3:36 pm
If it is a post IVA start debt it cannot be added, but your IP might agree a payment break to allow you to pay it ( the break will be added on at the end of the IVA ) ... or it will be a case of eating Lidl baked beans for a while.
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