DVLA fine from ANPR camera - wasn't me, cloned plates. Please help

waggers1979 · 10 July 2017 at 3:13PM

Hi - I hope someone can help as I can't seem to find anything on the internet.

Last month I got a 'notice of enforcement' from a bailiff company called the Marston Group. I had no idea what this was and they were demanding over £450 for a fine that had been to court. I haven't had any documentation for a fine nor a court summons so naturally I became massively worried and scared. I rang them and asked what this was for. They were quite amused but were not very helpful at all - I imagine they get the innocent act quite a lot. They wouldn't tell me what this was for other than a fine from Chester Magistrates Court. Utterly confused I hung up and tried to contact the court with no avail and also emailed. I rang the bailiff company back and this time got a person that did tell me what the fine was for. It was for driving with no insurance on an old car that I owned back in April 2016. I had bought a new car in Jan that year, the vehicle that was photographed driving was parked on a private car park at the time and unable to be driven as the battery was flat and it had 2 flat tyres. I was waiting for it to be taken and scrapped (which it was later that month).
The customer service rep at the Marston Group told me that there would be someone round my house to take my possessions if I did not pay a portion of the fine. I paid £50 to calm the situation.
I made a police complaint the same day as it would seem that the plates have been cloned (the car is still being driven according to the DVLA website and taxed!) and they are investigating it and also there is a marker out on the car to stop and check the chassis.
I have copied the Marston Group into all correspondence with the court and police so they are aware. I have also asked for a refund of my £50 that I was bullied into paying.
I am needing to know if I am sorting this properly.
I can't seem to find who to contact at the DVLA regarding the camera and fine as I need to contest this.
Also how do i get this removed from my driving file?
Plus how do I go through the courts to remove this conviction?
Can i stop this horrendous Marston Group from chasing me for something I am not guilty of?
Can I get my £50 back?

Thanks for reading.. I understand it may be confusing (I am very dyslexic) and can answer questions

Waggers

DoaM · 10 July 2017 at 3:20PM

Hang on .. are MG chasing you with regards to a fine from the DVLA, or with regards to Parking Charge Notice issued for an overstay at a private car park?

Was the court claim from a Magistrates Court or a County Court? If the latter then MG are chasing in regards to small claims judgment. As such the amount is too low for HCEO/bailiff action and they won't be able to take away any goods.

You need to get more details about this.

Rover_Driver · 10 July 2017 at 3:53PM

waggers1979 wrote: »

It was for driving with no insurance on an old car that I owned back in April 2016. I had bought a new car in Jan that year, the vehicle that was photographed driving was parked on a private car park at the time and unable to be driven as the battery was flat and it had 2 flat tyres. I was waiting for it to be taken and scrapped (which it was later that month).

If it is a DVLA matter, it is more likely to be the offence of being the keeper of a vehicle that does not comply with the insurance requirement - s.144A, Road Traffic Act 1988.

Using a vehicle without insurance - s.143, Road Traffic Act 1988 is a police matter.

Did you get the acknowledgement letter from the DVLA when you scrapped the vehicle?

waggers1979 · 10 July 2017 at 4:11PM

Hi thanks for getting back to me

Apparently it was a roadside unmanned ANPR camera and the fine was issued for no insurance. I never received any documentation from the DVLA for it. It has been to Chester Magistrates Court without my knowledge and a conviction placed against me for no insurance. The police say its nothing to do with them as its a straight fine from the DVLA and said this has happened a lot with these cameras. They also said its a civil matter and could be a long drawn out one. The police are investigating the crime of cloning the plates as it was impossible to have been me driving this particular car as it was unable to be driven.
I got an acknowledgment of scrapping from the DVLA but this incident happened prior.

TadleyBaggie · 10 July 2017 at 4:38PM

Cloned plates are extremely rare, it's more likely to be a simple misread. We see plenty of the latter on Pepipoo, very few of the former.

waggers1979 · 10 July 2017 at 5:13PM

I didn't know about Pepipoo - thanks for flagging that up

The police seem to be taking it quite seriously though as the car is still being used to this day.
I just need to know how to go about fighting this and who to contact.

Car_54 · 10 July 2017 at 5:31PM

OP, the first thing you should do is contact the court and arrange to make a Statutory Declaration, which will set the conviction aside and get the bailiffs off your back. This has to be done within 21 days (as far as I remember) from when you became aware.

Is there any obvious reason why you didn't receive a summons? Change of address? Failure to update the V5C?

Once you have the details of the charge (which will be brought again), I'd recommend you post on Pepipoo for advice.

waggers1979 · 10 July 2017 at 5:36PM

i had moved in the November prior and the V5 was changed to new address which is why I am so confused. Plus I had the new V5 so the DVLA definitely changed it - I obviously had to send the slip in re. scrapping. another posted said it might just be a misread and recommended Pepipoo - looking through this site I can see this happens a lot.
Just looked into Stat Declaration - thank you so much for the advice. i will crack on to that asap.
I don't suppose you know how I get the DVLA to release a copy of the photograph of the suspected vehicle? Thanks a million

peter_the_piper · 10 July 2017 at 6:01PM

Definitely sign up with pepipoo.com , DON'T use a hotmail addy they don't work.

thecoffeehouse204 · 10 July 2017 at 6:09PM

Are you sure the car was definately scrapped, who came to take it away? Could have possibly been put back on the road and you're still down as the registered keeper.

AdrianC · 10 July 2017 at 6:49PM

waggers1979 wrote: »

the vehicle that was photographed driving was parked on a private car park at the time and unable to be driven as the battery was flat and it had 2 flat tyres. I was waiting for it to be taken and scrapped (which it was later that month).

...it would seem that the plates have been cloned (the car is still being driven according to the DVLA website and taxed!)

Sorry, you're saying that your old car was scrapped - but "the clone" is still on the plates... and showing as taxed on DVLA?

Then your car wasn't scrapped... It was fixed, and is back on the road - DVLA were not notified it was scrapped. People don't drive around in a "clone" having MOTed and taxed "the real one"... The VIN is checked as part of the MOT.

I presume that whoever now has the real car has it registered in their name - no point in taxing it if paperwork isn't going to turn up anyway... You did sign the V5C over when it was collected, and you did receive confirmation of it being transferred out of your keepership, right?

DVLA fine from ANPR camera - wasn't me, cloned plates. Please help

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