DLVA, written off car and bailiffs!

the_why_bird

Hi,

Bailiffs have been looking for me at my old address. Apparently this related to an unpaid mags court fine for 'keeping a vehicle without insurance'. As far as I know (because no one will tell me anything!) this relates to a car that was written off and taken away by the insurance company a year ago. I didn't know anything about any court proceedings or fines until the bailiffs got involved.

I can't speak to a human being at the DVLA. I keep being told to write to them with my reference number for the fine (which I don't have, because letters never came to me) and wait 14 days for a response, but the bailiffs have a distress warrant and I don't have time for that kind of wait.

I can prove when I moved house. I can prove that the insurance company wrote off and removed the car. I can't prove that the DVLA were notified - I believe they were, but I have no acknowledgement letter and no paperwork after all this time.

Any advice about my next step? Should I contact the court directly? I assume I'm going to have to pay the ridiculous bailiffs fees regardless now, since it's gone this far?

Please tell me I'm not going to get a criminal record over this. If I had got the initial letter charging me a fee for not notifying them, I would've said '!!!!!!' and paid. I've never had so much as a late library book!

adouglasmhor

You won't get a criminal record.
You might get a reference number for the fine from the court if you contact them.
If you find out DVLA were notified or your insurance took possesion or scrapped it you wont have to pay anything. They make mistakes too.

colino

HPi the car in question and it will give you a third party view of its status. Insurance companies and the DVLA aren't unknown for making admin errors.

hallowitch

I posted this on your other thread


do not pay Marston's £300 of the amount they want is bailiff fees
RECORDING THE CALL phone Marston's and ask them what court issued the distress warrant then file a statutory declaration to the issuing court when this is accepted by the court it will revert it back to the beginning and the DVLA will either drop the case or issue you with a summons so you can appear in person and defend yourself

have a read of this

http://www.consumeractiongroup.co.uk...-Viewing)-nbsp

Aretnap

Contact the court directly and make a statutory declaration to say that you were unaware of the proceedings against you. This will have the effect of overturning the conviction and will get the bailiffs off your back. Outline of the procedure here. You normally have to do this within 21 days of becoming aware of the conviction, so don't hang about waiting for the DVLA to write to you.

the_why_bird

Thank you for your fast responses. The court in question is pretty far away from where we live now and I have a baby and no child care. I'm wondering whether I wouldn't be better off just paying it rather than having to do all of this and then possibly get fined anyway?

I suffer from pretty bad anxiety and this is making me feel really unwell, I wonder whether dragging it out is worth it.

hallowitch

please don't pay this go to a solicitor to get the stat dec done and ask them to fax it over to the court (cost £10 max )or send it recorded delivery ,next day delivery the bailiffs fees of £300 will be removed and the chances of the DVLA taking it back to court are slim

adouglasmhor

If you do get fined you will be better of as you will only have the fine and it's not a criminal one. You will even be offered a chance to just pay the original fine without having to go to court and they will just use a local court to you anyway if you do wnat to go.
If they drop it you will be better off all together.

Rover_Driver

the_why_bird wrote: »

Thank you for your fast responses. The court in question is pretty far away from where we live now and I have a baby and no child care.

You can make the statutory declaration at your local magistrates court, they will notify the court concerned.

the_why_bird

Can I just turn up at my local court and ask to make a stat dec or do I need to make an appointment?

Who will give me chance to pay the original fine? I thought it would just be immediately re-listed for a court date. Would the DVLA be involved again?

adouglasmhor

the_why_bird wrote: »

Can I just turn up at my local court and ask to make a stat dec or do I need to make an appointment?

Who will give me chance to pay the original fine? DVLA IF THEY PROCEEDI thought it would just be immediately re-listed for a court date.NO Would the DVLA be involved again?YES

Why not see a lawyer, and see if you are entitled to legal aid.