Arrest warrant question

hallowitch

the consumer action group really is the best place to get advice on this

however the information I proved is good the problem you will have is getting the information from the bailiff firm you need to file the stat dec

pauletruth

thats a civil penalty not a fine. your friend needs to pop over to CAGS they have a forum dealing with dvla matters. he has defences that he can use to challenge the charge.

[Deleted User]

if it's for non payment of fine then that is arrestable; best call them and come to an arrangement

pauletruth

if he posted it that is proof. they lose loads of stuff.

soontobemrsg

I had exactly the same issue with DVLA recently. I got married and moved areas and they convinced themselves that I had sold my car to myself. I did all the changes correctly at their office and took all my id with me. They even photocopied my marriage certificate. Fast forward two years and they started a deduction of earnings against me which was the only way I found out that this debt ever existed or they had summoned me to court.

I did the statutory declaration at a local court who sent it to the issuing court for me. I also sent a copy to DVLA along with a copy of my id. Thought it was finally over until I receive another letter from them 2 months later under my maiden name but the correct address where the car is registered under my married name for the very same fine. I completed the form with a few obscenities thrown in and returned it to them.

Have finally had a letter of apology from them

The DVLA are useless. Get a statutory declaration done asap but this will only serve to inform them that you knew nothing about the fine. They may decide to pursue you again for the fine and as long as you can prove that you did everything correctly that will be the end of it.

Deb_S_2

Thanks for the replies. Warrant officer was very helpful once the situation was explained and he has booked an appointment with local magistrates for my friend to explain circumstances.

He said original fine will probably stand, but fees should be dropped as all previous paperwork was served on a very old address.

matttye

Deb_S wrote: »

Thanks for the replies. Warrant officer was very helpful once the situation was explained and he has booked an appointment with local magistrates for my friend to explain circumstances.

He said original fine will probably stand, but fees should be dropped as all previous paperwork was served on a very old address.

If he had sent the notice himself he may have been able to get the fine dropped, but the government advises not to rely on anybody else to send the V5C (although it seems most traders, scrapyards etc. offer this as part of the service!)

They also say "Once DVLA have updated their records you’ll get a letter within 4 weeks confirming that you’re not liable for the vehicle any more." so perhaps it's up to the seller to chase DVLA to make sure they've received the V5C if they don't hear anything.

https://www.gov.uk/notifying-dvla-if-you-sell-your-vehicle

mcjordi

the best defence to this would be use the stat declaration and get another hearing.. then state i posted the paperwork off on such a date.. theres no obligation for you to ring dvla to chase anything up. you wont have to pay the fine at all..