Car Tax - Court Summons

alborg

Hi,

I'm looking for some advice if possible please.

I recently overlooked paying my car tax completely unintentionally, not impossible since the changes regarding displaying car tax in the UK last year. I have also moved on from my old address so the DVLA don't have my current address.

I realised my car tax was out of date when it was clamped. I immediately rang the DVLA on the same day, paid 6 months car tax, offered to pay all backdated car tax for the previous 3 months that it was untaxed and any outstanding fines relating to it. They said they could only take a maximum of 1 month backdated so I paid 1 month pro rata and an extra £80 fine for not renewing. I also paid to get the clamp removed. All in about £350. I asked and was told that that was the end of it and everything was cleared and that was my understanding when I ended the call.

Today I get a letter from the local court saying in my absence I was fined £200 + £90 costs + £45 "back payment". I never got any correspondence about an outstanding fine from the DVLA or a court summons, I assume they were sent to my old address which is my fault for not keeping my address up to date. But strangely I received the letter from the court enforcement office so assume their department must have used my electoral address.

From speaking to the DVLA today it appears this was a separate fine that they generated on top of what I had already paid, for having an unlicensed vehicle on the road. They did not tell me about it when I spoke to them to clear my fines

I spoke to the court today and will be submitting a statutory declaration to state I never received a court summons so I can appear in court or put my case forward. I am annoyed that after speaking to the DVLA on the day of the original offence that I was told that everything was clear and I was under the impression I had cleared all outstanding fines. Also the court order includes a "back payment" but I have already settled my backdated tax.

So when I appear should I plead guilty (I accept my car was on the road without any car tax) but with mitigating circumstances. Explain that I had contacted the DVLA and made every effort to pay my outstanding fines and backdated tax. Or not guilty?

Many thanks

Al

InsideInsurance

What are the actual dates?

Date of summons?
Date of court?
Date you made the payment to the DVLA?

alborg

I don't have precise dates for all because I didn't receive any correspondence but the offence date was first week in Feb 15. I contacted DVLA and paid the penalties and taxed my car on that same day. Speaking to the courts I think my court date should have been mid April 15. I've no idea when the summons was sent out because I never received one. My enforcement letter of the court judgement arrived yesterday.

I've no idea whether the DVLA sent out a separate fine after the first week in Feb 15 or whether they decided to go straight to court. Normally I though people got an opportunity to pay a fine and avoid court which is what I though t I paid when I spoke to them on the day of the offence.

Do the dates make a difference?

Mr_Mink

Additionally, when did you move? Because if it is a few months ago I'd be taking the easy route they're currently offering rather than highlighting the fact I hadn't updated my address, which not doing can result in a £1000 fine.

alborg

Mr_Mink wrote: »

Additionally, when did you move? Because if it is a few months ago I'd be taking the easy route they're currently offering rather than highlighting the fact I hadn't updated my address, which not doing can result in a £1000 fine.

OK I'll have to look into that. About 6 years ago. I've moved quite a lot in the last 6 years renting property etc. and never got round to sending in a change of address form.

Mr_Mink

Sorry, so you moved about 6 years ago but didn't tell the DVLA that whole time?

Marktheshark

How long did they give you to pay ?
The Mags court bailiffs can break in to your home to remove goods.

alborg

Mr_Mink wrote: »

Sorry, so you moved about 6 years ago but didn't tell the DVLA that whole time?

Yes that's correct. I've moved about 3 or 4 times in the last 6 years.

alborg

Marktheshark wrote: »

How long did they give you to pay ?
The Mags court bailiffs can break in to your home to remove goods.

10 days I believe. I've made a statutory declaration to the courts to say that I never received a court summons and therefore I did not know about it so the fine is put on hold until I attend court. I believe it's scrubbed when you attend court then a new judgement is made.

Mr_Mink

I would really not be highlighting that you've moved as your excuse to the DVLA if I were you. That could just be a whole new can of worms.

Probably a good time to update them now though, both the V5C and your licence.

Marktheshark

This hearing will qualify for full court costs against you if its seen you failed to make a required declaration of change of keeper , so expect up to £490 in costs if they uphold the fine if its adjourned .
£200 + £200 + the £90 + plus the fine.
The mags can not tag on the keeper document offence as you have to be reported for an offence at magistrates, they can only rule for court costs as a self contributing factor.

However DVLA have to turn up, often they dont.