DLVA, written off car and bailiffs!

Rover_Driver

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? I thought it would just be immediately re-listed for a court date. Would the DVLA be involved again?

Contact the court and explain that you need to make a statutory declaration, they will advise you when to attend.

When the statutory declaration is accepted, the conviction and fine are cancelled and the DVLA will be informed. It is then up to the DVLA to re-start everything from the beginning.

Polmop

I had to make a stat dec once due to the dvla issuing a summons when we had moved house.
I rang the courts and they gave me a time to attend, yo just stand in front of the judge and swear to tell the truth etc and a clerk says it is a stat dec and then that was all

the_why_bird

Thank you so much! The clerk at my new local court was extremely helpful, I'm going down on Tuesday to make the stat dec.

You all really helped me so much, and it's incredibly reassuring just to have so many people respond!

Polmop

Let us know how you get on

harrys_dad

the_why_bird wrote: »

Thank you so much! The clerk at my new local court was extremely helpful, I'm going down on Tuesday to make the stat dec.

You all really helped me so much, and it's incredibly reassuring just to have so many people respond!

Told you it would be worth posting on this board Glad you are getting it sorted and make sure you do not pay Marstons.

Aretnap

adouglasmhor wrote: »

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

She won't get legal aid for this. Generally you only get it for criminal trials if there's a realistic prospect of imprisonment, which there certainly isn't here. It's unlikely to be worth paying for a solicitor, as the fees will probably be similar to if not greater than the any eventual fine.

Once the statutory declaration's made she can attempt to deal with the DVLA herself and hope they'll see sense and not pursue it. If they do pursue it she can either defend the charge or, if she doesn't want to travel to court, she can plead guilty by post knowing that at least she'll only have to pay a smallish fine, rather than a fine plus bailiff fees.

the_why_bird

Thanks, I don't think I would be eligible for legal aid in any case, we're generally just above the cut-off point for just about any means-tested finance.

Once I get the stat dec I will contact the DVLA directly like Aretnap said. If they pursue it anyway I'll just pay the fine, since there's no way I can prove whether or not I sent them notification personally.

I realise people here aren't lawyers, but does anyone know - I assume that my actual offence is going to be failing to notify the DVLA that the car was gone, rather than keeping a car without insurance, will they make the distinction?

On my other thread in Debt-free Wannabe, people are now telling me I need to get a solicitor to do the stat dec and not go to the court, but the court themselves advised me to come down and gave me an appointment - can anyone reassure me I'm doing the right thing?

Thanks (again) for all the advice. Thank goodness for the internet, or I'd have been stuck.

Joe_Horner

You're doing the right thing.

A statutory declaration is simply a statement to the court of what you claim. It's taken to be true because you're innocent until proved guitly. Solicitors are just middlemen in that process and, much as some would say you should have a solicitor involved whenever you go neat a court, there's really NO point in paying a middleman for something that the court will help you do yourself!

As for DVLA, you don't need to prove whether or not you notified them, they have to prove that you didn't - again, "innocent until proved guilty" - and most people who've stuck firm to that line have had their cases dropped (or even won if it's reached court). They rely entirely on scaring people into giving up and paying even when innocent.

Whether or not you decide to take them on over that is really a decision for another day after this stage is out of the way

adouglasmhor

Just go into the court, quite often one of the admin staff will check it over for you if they are not to busy and you ask them. It's pretty straightforward.

Rover_Driver

the_why_bird wrote: »

On my other thread in Debt-free Wannabe, people are now telling me I need to get a solicitor to do the stat dec and not go to the court, but the court themselves advised me to come down and gave me an appointment - can anyone reassure me I'm doing the right thing?

There is some misleading information in that thread, including the need to use a solicitor.