Statutory Declaration - 2x car tax fines - Help Please

rebeccalouise79

I was caught on an ANPR camera for not having road tax which was due on the 30/06/2016. The notifications were sent to my old address, I updated my license but overlooked changing my V5 (I know terrible mistake but I didnt know at the time I had to do this alongside my licence). However following this charge I was contacted at my NEW address by past due credit at the end of November 2016. They bought to my attention I had no tax on my car and I had to pay a £80.00 charge (which I paid straight away). I also paid for my tax online straight away. While I was on the phone to past due I asked if there was anything else I needed to do in regards to the charge and the DVLA, to which they said no. Fast forward today and I am missing £620.00 out of my wage (utter shock). I contacted my HR dept and they said I have an attachment of earnings (more shock). I contacted the central finance team to be told that I have been taken to court for two fines, I am unsure of one of them is in relation to the above (how would I find out?) . Anyway. I cannot believe this has happened to me and I have been issued with a CCJ and an AOE.

I have booked a statutory declaration at the court on the 18/09/2017 to advise I had no idea the case was being made against me. I assumed from the contact with Past due that my address record with them and the DVLA would have been noted somewhere, irrespective of the up to date log book.

I am hoping one of the charges is in relation to the above payment I made. If not it means two new charges. How would I find out if it is or not?

Also what chance to I have in fighting this case based on the fact I had paid a fine already and told past due I have a different address. Surely this would prompt any correspondence to be sent to my current address?

Any help would be great!

**UPDATE, spoke to DVLA and there were three fines in total 1x in relation to the one I paid above, and then two further cases. But the two further cases went straight to court. By the time past due had contacted me about the first case, it was too late for the two other cases, for me to tax the car before hand, as the original offence was on the 01/7/2016***

AdrianC

The initial penalty would have been for having your car unlicenced (not taxed or SORNed). This is a separate penalty to actually using your vehicle without tax, is committed automatically if your tax expires and you don't renew it or SORN the vehicle, and is generated by computer with no need for the vehicle to be spotted anywhere. This is the only thing that the debt collection agency would have been aware of.

The two court cases will be from your car being seen in use on ANPR. So, yes, three offences.

You don't say when you changed the registered keeper address on the car, but the only address there is any obligation to contact you at is the one that the vehicle was registered to at the time of the offence. There are many reasons why vehicles may be registered to a different address to a driving licence - so, no, DVLA don't (and shouldn't) assume a change for one is a change for all. That is inevitably going to cause FAR more problems than it solves.

rebeccalouise79

spoke to DVLA and there were three fines in total 1x in relation to the one I paid above, and then two further cases. But the two further cases went straight to court. By the time past due had contacted me about the first case, it was too late for the two other cases, for me to tax the car before hand, as the original offence was on the 01/7/2016. Is it worth be going to court for the statutory declaration? I want to get rid of the CCJS as I wasnt aware of being taken to court. Maybe to settle a different amount or penalty. Do I risk being fined for not updating my address. I realised I hadnt updated the address when I sold the car this year, but wasnt aware of any outstanding penalty until it came out my wages

missile

If you had advised DVLA of your new address and / or when you sold the car, you could have avoided this situation.

Your case has already been heard and judgement was awarded against you. If so there is no appeal against the CCJ. In any event you were guilty of the offence, paying the VED retrospectively does not change that.

I seriously doubt you will be successful, but there is no harm in trying to negotiate a reduced settlement figure with DVLA.

I have booked a statutory declaration at the court on the 18/09/2017 to advise I had no idea the case was being made against me.

Is this another court case? Please advise what offence are you being charged with, i.e. what does it say on the summons?

AdrianC

So, even after the first penalty, you STILL didn't take a moment to look at the V5C and update the address? Even when you got that V5C out of whatever filing system to tax the car, when you paid the first penalty?

Rover_Driver

rebeccalouise79 wrote: »

Anyway. I cannot believe this has happened to me and I have been issued with a CCJ and an AOE.

Not a County Court Judgement, an unpaid fine from a Magistrates' Court. Which can be set aside if the Statutory Declaration is accepted, and the case is then re-heard.

rebeccalouise79

The first I heard of any action was the attachment of earnings through my salary. I have no recored of the summons, but I assumed you have to go to court to get a CCJ for them to action an AOB?

Rover_Driver

rebeccalouise79 wrote: »

I assumed you have to go to court to get a CCJ for them to action an AOB?

It is not a County Court Judgement, it is a outstanding fine from a Magistrates' court where the case would have been heard in your absence, and you were found guilty.