Attachment of Earnings for a DVLA 'Driving with no insurance' fine.

hamburgular224

Any help here would be much appreciated as i honestly have no idea where to turn or even what my options are they have already taken £250 from my wages with another £100 to be taken next month. What a great Christmas surprise.

On the 21st November i received an attachment of earnings fine via my HR department (much to my surprise, i didn't even know what one was). I had no idea what the fine was for so I contacted the court that sent the form to be told that:

"On 24/10/2017 at Ilkeston, you were the person in whose name a vehicle, namely motor vehicle BL52XNZ, was registered under the Vehicle Excise and Registration Act 1994 when it did not meet the insurance requirements of section 144A of the Road Traffic Act 1988. Contrary to section 144A of the Road Traffic Act 1988 and Schedule 2 to the Road Traffic Offenders Act 1988."

1. The car in question i no longer own and haven't owned for over three years.
2. The car was sold on the 15/07/16 to a small garage in Peterborough, all paperwork was filled in at the time and sent off by myself (admittedly not by recorded post)
3. I never received any paperwork back from the DVLA to say i was no longer the registered keeper. (From reading other threads apparently this is also another strike against me)
4. I bought a new car the day after selling my old one and the V5 and all the paperwork with the new car was fine.
5. I owned the offending car at a previous address in Derby, i moved to Cambridge in the May 2016 and sold the car in the July 2016, i updated the V5 and my driving license with the new address in Cambridge and didn't think anything of it assuming everything was fine.
6. All the paperwork for the court case/hearing/fine or whatever the paperwork is for, all went to my old address in Derby so i had no idea about the court case or fine.

I got told by the court in Derby that the case was originally heard at Hereford Magistrates Court and the fine was transferred to Derby Magistrates Court to enforce - no idea what that means.

I wrote to the DVLA to tell them that i no longer own the vehicle and haven't for the past three years and they wrote back to say they have updated their records but the new keeper has never sent their details through so until they do the police will ring me if the car is involved in anything... (what?!)

I have applied for a Statutory Declaration and are still waiting for the court to give me a date (have been waiting a month now as i keep getting told they are waiting for the court files to be transferred) I have never ever been to court and keep being told i'll need to plead guilty or not guilty.

My questions are:
1. Do i have any leg to stand on if i plead not guilty?
2. If i plead guilty do i have to pay even more money after the £350 as i will probably already have paid the fine by the time i get a hearing date...
3. How did the court get my employment/financial details and i know nothing about it to just find out i'm minus £200+ pound when i get paid...

Any help on the issue would be much appreciated as at the moment i'm pretty confused and stressed about the whole thing and have no idea whats going on.

Thanks!

Umkomaas

As we tend to major on private parking tickets here, PePiPoo will be your best bet for DVLA fines. Register there (but please note that a hotmail address won't work - try using a gmail account instead if you do have trouble registering) and post a new thread; here's your link:

http://forums.pepipoo.com/index.php?act=SF&s=&f=5

Have a read through some of the other threads there before you post your own to get the hang of what information they need from you in your opening post - but as a minimum you will need to post redacted photos/scans of all correspondence you've received regarding the fine (both sides, if appropriate) as they need to see all the small print.

HTH

Tilt

This sounds dodgy.

I would of first rang the DVLA to see if they had received your part of the V5c when you sent it at the point of sale. Then I would contact the "small garage" that you sold the car to on the 15/07/16 to see what they have to say.

What appears to have happened is someone was stopped in the car on the date in question while not showing any insurance relating to the car.

But what puzzles me is that the case has obviously been dealt with in your absence and the court have made an attachment of earnings order to recover the fine. For them to do that, someone must of given your information.

You need to establish more facts here so I would suggest requesting a copy of the particulars of the police involvement and speak to the officer who made the stop.

But in answer to question 1, why would you even think of pleading guilty under these circumstances?

Rover_Driver

Tilt wrote: »

You need to establish more facts here so I would suggest requesting a copy of the particulars of the police involvement and speak to the officer who made the stop.

It is not a police matter for driving without insurance (s.143, Road Traffic Act 1988), it is an administrative matter by the DVLA after checking their records (s.144A of the same act).

Tilt

Rover_Driver wrote: »

It is not a police matter for driving without insurance (s.143, Road Traffic Act 1988), it is an administrative matter by the DVLA after checking their records (s.144A of the same act).

Really... are you sure? Under sec 165 of the RTA the police have the power to seize an uninsured vehicle.... I wonder why that is then?

Rover_Driver

Tilt wrote: »

Really... are you sure? Under sec 165 of the RTA the police have the power to seize an uninsured vehicle.... I wonder why that is then?

The OP has quoted s.144A the first post.