Magistrate's fine due to DVLA error

tommyjj

Hi everyone, I just wondered what your opinions would be about this.

I received a letter today from a debt reclaim group asking for almost £400 for a magistrate's fine due to not informing the DVLA that I had sold a car last year.

I sent off the V5 one day after selling it. After receiving no reply from the DVLA for six weeks, and texts from the new owner, I spoke to the DVLA and found out that it never reached them. (I had many letters to and from me go missing due to London postal services). After speaking with the DVLA they said everything was fine, but said I should send them a letter stating the date the car was sold and details of the new owner. They replied a few weeks later saying their records had been updated - I still have this letter.

Shortly after getting the confirmation letter back from them I moved to the North of England, registering my new car at my new address, so they had my contact details.

I spoke to the DVLA today who confirmed that they had been persuing a case against me but that somehow my correspondence with them had got lost in the adminisphere until march this year, when they stopped the prosecution - I assume after finding the confirmation letter. So from their perspective everything is fine now.

But how has it ended up being passed to a magistrate's court if the DVLA have stopped the prosecution? The debt reclaim people said I need to speak to the magistrate's court, who I couldn't get in touch with soon enough to speak to today.

I have read many stories that suggest magistrate's fines, once imposed, can't be cancelled. Is this correct? If so would I then have to pay the fine and then persue a case against the DVLA to get my money back?

any help appreciated

edit - I should add that no correspondence from the DVLA, the magistrate's court or the debt people has been recieved as far as I am aware. My old address in London has my forwarding address up here, and the DVLA has had my car on record up here since August 2012. So it's not like I've ignored any letters.

forgotmyname

Not sure if its the same as the debt boards..

But you get them to set it aside or something. Give the reason that you did as requested by law and even spoke to the DVLA at the time.

Then you moved and knew nothing about them claiming costs when you did all that you were required to.

zzzLazyDaisy

You need to contact the Magistrates Court, in writing, enclosing copies of all the paperwork and correspondence, and ask for the conviction and fine to be set aside.

You should explain the situation just as you have done here.

There is no strict time limit for making this application, but if there has been a delay between the fine and your letter, you need to explain the reason in your letter. You also need to explain why you did not attend the original hearing. The application must go back to the magistrates court that made the original decision. I suggest that you send a copy of your letter to DVLA and ask them to contact the court and confirm the facts.

I also suggest that you send both letters by special delivery. This ensures that a signature and name is obtained from the person who receives the letter. You can then download a copy of the signature and name from the royal mail website by inputting the tracking number (this proves that they did actually get the letter, which can be very helpful when dealing with these organisations). There is a cost (I think it is about £4 extra per letter) but in comparison to the £400 fine, it is probably worth it.

Paradigm

zzzLazyDaisy wrote: »

You need to contact the Magistrates Court, in writing, enclosing copies of all the paperwork and correspondence, and ask for the conviction and fine to be set aside.

It's called a "statutory declaration" & this must be sworn in person (I believe).
It must be done within 21 days of you becoming "aware" of the judgement & can be done at any magistrates court (for a small fee)
This gets the fine set aside & all collection efforts stopped.

Best bet is to call your local court, explain the situation & ask how to apply for a "statutory declaration"... they should be able to explain the process.

tommyjj

Thanks for the help guys, much appreciated