Advice needed for court summons for road tax

sarahhazel

Can anyone help? In Sep last year I declared my car SORN and it was kept off road on private industrial estate. At the end of Feb this year I managed to find the money to repair and MOT it. I then brought my car home and immediately (same day) went to the Post Office to get a tax disc. I was told they would not accept a cheque without a cheque guarantee card and would not take payment by Credit Card so I could not tax my car. My wages were due 2 days later and as I had another car to use I left my car parked at home until I could tax it (still on a SORN). Two days later and the evening before I was paid I returned home to find my car clamped by the DVLA. I do not have a driveway and could park it 'off the public highway' so did not have a choice to leave it parked on the road outside my flat and thought I was doing the right thing by not driving it. I then had to wait until the next morning before contacting them to pay the release fee which was very stressful as they had not marked the papers with a time they had clamped me so I had no idea when my 24hrs was up and they would return to tow away my car. I obtained my tax disc the same day and the day after had to take a long lunch break to drive 30 miles to Theale to prove I had a tax disc and have my sureity fee refunded. They told me the refund should reach my account in 5 days and it took nearly 2 weeks during which time I received bank charges as I did not have enough money in my account to pay my bills. They then sent me a letter for notification of a fine for £185. I spoke to them immediately as I could not afford to pay the fine in one installment as I am experiencing severe financial difficulties and severe stress (my doctors have tried to sign me off work). They advised me that they could not take payments by installments and gave me longer to pay. I then wrote to them with a letter explaining that I had mitigating circumstances and could not afford to pay the fine. I did not hear from them and then called them several months later before the deadline for the fine to be paid and they said they could still not help me and I would have to go to court to have a payment plan set up. I have now received court summons for 2 weeks time which will be a minimum fine of the £185 plus £61 court costs but could result in a max fine of £2500. They have not included a copy of my letter re: mitigating circumstances with their evidence to the court. I am worried that I could lose my home if they try and fine me the full amount as I am still experiencing severe financial problems and would struggle to pay this. I am also worried that this could severely affect my credit rating which is very poor already. The summons is for Magistrates Court so could this still result in me getting a CCJ or does it have to be dealt with through a County Court for them to apply a CCJ? Need help as not sure what to do and I don't know where I stand. Thanks. Sarah

mcjordi

its very unlikely they'll fine the full amount

chances are it will be the 185 + costs and you can pay in installments with the court aswell

Chippy_Minton_2

You should have taken it back to the private industrial estate when you couldn't get tax.:rolleyes:

vikingaero

Magistrates Courts don't issue CCJ's. Best thing to do is to appear in person and submit a means form well in advance. Once you know the fine in Court then agree a repayment schedule that you can stick to.

Inactive

Chippy_Minton wrote: »

You should have taken it back to the private industrial estate when you couldn't get tax.:rolleyes:

That thought crossed my mind as well.;)

How come you had a cheque book without a Debit Card? The Post Office accepts Debit Cards for payment.

oldagetraveller

sarahhazel wrote: »

I then brought my car home and immediately (same day) went to the Post Office to get a tax disc. I was told they would not accept a cheque without a cheque guarantee card and would not take payment by Credit Card so I could not tax my car.

The P.O. don't actually state that a cheque guarantee card is required. http://www.postoffice.co.uk/portal/po/jump2?catId=19100187&mediaId=19100193
As far as I 'm aware a cheque alone is fine but if it "bounces" then your tax is invalid. I've paid by cheque in the past with out the card. I suspect you were misled?
If they've changed the rules then they should say so on their website! They were correct re the credit card though.

Chippy_Minton_2

My bet is, there's more to this than we've been told.

Inactive

Chippy_Minton wrote: »

My bet is, there's more to this than we've been told.

Agreed, DVLA certainly accept cheques via mail. so I cannot see them declining cheques via a Post Office.

Premier_2

I've paid for car tax at a post office using a cheque. They've never asked for a cheque guarantee card.

Premier_2

Chippy_Minton wrote: »

You should have taken it back to the private industrial estate when you couldn't get tax.:rolleyes:

Correction. The car should never have been driven from the private industrial estate without first having obtained the road tax

Chippy_Minton_2

Likewise.:D