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  • swecri
    swecri Posts: 70 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    NYM wrote: »
    Maybe not quite a month ago but you posted on the 10th February

    [URL="Originally Posted by swecri View Post
    Hi All,

    I'm trying to establish whether this is a common issue because I'm aware that the DVLA are not the best at updating their records...

    Moved house 2 years ago. Eventually got round to changing my licence address on 5/6/2013.
    Last night the girl who purchased our old house drops in a letter she 'accidentally' opened. It details a fine I incurred on 31/10/2014 for driving in a bus lane.
    Because the fine went to my previous address, I obviously didn'tVinod about it so didn't pay it. I've now incurred charges for not paying it, and it's increased from £30 to £97.
    I contacted the DVLA who admitted their records do show that I changed my address in 06/2013, and subsequently they deflected blame towards my local authority, stating they no longer hold details of my previous address, and that the council may have obtained my details through the police or through the courts. I contacted Bristol City Council who stated ALL their information comes from the DVLA.
    I'm not sure what to do without there being any drama! I asked the DVLA to provide me with evidence to produce to the local authority to prove that I DID change my address, but I was told quite simply that the DVLA don't provide such information.


    I'm aware through my line of work, that the DVLA are, to put it bluntly, slow and inefficient at updating their records, but I'm keen to know if this is a common problem and also how to deal with it?!

    Many thanks in advance"]Originally Posted by swecri View Post
    Hi All,

    I'm trying to establish whether this is a common issue because I'm aware that the DVLA are not the best at updating their records...

    Moved house 2 years ago. Eventually got round to changing my licence address on 5/6/2013.
    Last night the girl who purchased our old house drops in a letter she 'accidentally' opened. It details a fine I incurred on 31/10/2014 for driving in a bus lane.
    Because the fine went to my previous address, I obviously didn'tVinod about it so didn't pay it. I've now incurred charges for not paying it, and it's increased from £30 to £97.
    I contacted the DVLA who admitted their records do show that I changed my address in 06/2013, and subsequently they deflected blame towards my local authority, stating they no longer hold details of my previous address, and that the council may have obtained my details through the police or through the courts. I contacted Bristol City Council who stated ALL their information comes from the DVLA.
    I'm not sure what to do without there being any drama! I asked the DVLA to provide me with evidence to produce to the local authority to prove that I DID change my address, but I was told quite simply that the DVLA don't provide such information.


    I'm aware through my line of work, that the DVLA are, to put it bluntly, slow and inefficient at updating their records, but I'm keen to know if this is a common problem and also how to deal with it?!

    Many thanks in advance[/URL]


    Just established that the husband posted this the day we recieved the Order for Recovery 🙈 he didn't tell me and forgot her posted it.
  • tomtontom
    tomtontom Posts: 7,929 Forumite
    swecri wrote: »
    Just established that the husband posted this the day we recieved the Order for Recovery 🙈 he didn't tell me and forgot her posted it.

    Did he also forget he had driven in a bus lane? Is it you or your husband that has spoken to the DVLA, Motability etc?
  • Tigsteroonie
    Tigsteroonie Posts: 24,954 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    swecri wrote: »
    Motability own the car so it's them that are recorded as the owners. I am simply the 'keeper' and Motability are responsible for the updating of my details on that form when I contact them to change my details.

    Do you remember how you contacted them, phone or email, and whether you got any confirmation from them? This could be useful backup if you need to approach them to recompense you if you do have to pay the increased charge.
    :heartpuls Mrs Marleyboy :heartpuls

    MSE: many of the benefits of a helpful family, without disadvantages like having to compete for the tv remote

    :) Proud Parents to an Aut-some son :)
  • matttye
    matttye Posts: 4,828 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker Debt-free and Proud!
    swecri wrote: »
    Bristol Cuty Council. I work for the police so I'm aware which fines have to be paid and which fines aren't actual fines 👍

    It's not my point though. I updated my details with Motability who hold the V5 document for my car because they own it, I hire it from them.
    I cannot access the V5 beaus it's not my property. I updated my address with them but they did not update the V5.

    Might be worth trying to get the judgment set aside. Civil procedure rule 13.3:
    13.3
    (1) In any other case, the court may set aside(GL) or vary a judgment entered under Part 12 if –
    (a) the defendant has a real prospect of successfully defending the claim; or
    (b) it appears to the court that there is some other good reason why –
    (i) the judgment should be set aside or varied;
    or
    (ii) the defendant should be allowed to defend the claim.

    You'll have to pay to make such an application.

    I have no expertise in civil law so no idea if the court would consider non-receipt of the claim forms a good reason to set aside the judgment if you're not intending to defend the claim.

    I would ask on legal beagles or try and seek the advice of a solicitor. If there's anyone you're friendly with at the police station they might give you some free advice.
    What will your verse be?

    R.I.P Robin Williams.
  • swecri
    swecri Posts: 70 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    matttye wrote: »
    Might be worth trying to get the judgment set aside. Civil procedure rule 13.3:



    You'll have to pay to make such an application.

    I have no expertise in civil law so no idea if the court would consider non-receipt of the claim forms a good reason to set aside the judgment if you're not intending to defend the claim.

    I would ask on legal beagles or try and seek the advice of a solicitor. If there's anyone you're friendly with at the police station they might give you some free advice.

    Thanks for this
    I have very recently been recovering from amputation surgery and am still in hospital. I've been sent a letter back from the court (after I wrote to the, explaining how the situation had come about) stating I needed to make a statutory declaration. This involves me taking the form to a local court and signing it in front of an officer within the court. I can't get to my local court! Plus, I feel like I should be able to hand this issue over to Motability because they didn't update my details even after I had instructed them to?!
  • matttye
    matttye Posts: 4,828 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker Debt-free and Proud!
    swecri wrote: »
    Thanks for this
    I have very recently been recovering from amputation surgery and am still in hospital. I've been sent a letter back from the court (after I wrote to the, explaining how the situation had come about) stating I needed to make a statutory declaration. This involves me taking the form to a local court and signing it in front of an officer within the court. I can't get to my local court! Plus, I feel like I should be able to hand this issue over to Motability because they didn't update my details even after I had instructed them to?!

    Motability won't do anything - they don't give two hoots about your CCJ.

    You'll have to solve this yourself even though it's not your fault unfortunately.

    Firstly have you established that the v5 containing your old address is actually where the invalid information came from? It could be a coincidence. You should establish that Motability actually did provide your old address to the claimant.

    You may be able to claim your costs for having the CCJ set aside from Motability if it was their fault - but not sure if it's worth the effort.

    If the court says you need to make a stat dec then you should do that as soon as you are able.
    What will your verse be?

    R.I.P Robin Williams.
  • swecri
    swecri Posts: 70 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    matttye wrote: »
    Motability won't do anything - they don't give two hoots about your CCJ.

    You'll have to solve this yourself even though it's not your fault unfortunately.

    Firstly have you established that the v5 containing your old address is actually where the invalid information came from? It could be a coincidence. You should establish that Motability actually did provide your old address to the claimant.

    You may be able to claim your costs for having the CCJ set aside from Motability if it was their fault - but not sure if it's worth the effort.

    If the court says you need to make a stat dec then you should do that as soon as you are able.

    matttye wrote: »
    Motability won't do anything - they don't give two hoots about your CCJ.

    You'll have to solve this yourself even though it's not your fault unfortunately.

    Firstly have you established that the v5 containing your old address is actually where the invalid information came from? It could be a coincidence. You should establish that Motability actually did provide your old address to the claimant.

    You may be able to claim your costs for having the CCJ set aside from Motability if it was their fault - but not sure if it's worth the effort.

    If the court says you need to make a stat dec then you should do that as soon as you are able.

    I've researched what an "Order for Recovery" equetes to in terms of credit scoring, and as far as I can see, it's completly different to a "CCJ" - from what I found, a CCJ occurs if I ignored the Order for Recovery.

    I'm pretty worried by it all, I am an in-patient in hospital and am awaiting an MRI scan on Monday to establish whether I'll need more surgery following this operation. I'm not going to be out of hospital for at least a week, and when I do, I'll be unable to get to a local court to get the Courts to witness a signing for quite some time. I think I'm going to try and contact the court which issued the Order for Recovery. I'm wondering whether they'll give me more time to get the document signed if I provided a copy of a letter from a doctor here.

    I called Motability who confirmed over the phone (calls are recorded!) that they had it one their computer records that my address was changed in 2013 to my current address (just after I moved) and she admitted that Motability had NOT updated the V5 despite it being their responsibility. I was also told that there's a dedicated "vehicle registration documents team' who are responsible for updating the V5's.
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