DVLA CCJ - Set aside

[annoyedwDVLA]

Recently discovered that I have a CCJ on my credit report for about a year ago which I had no idea existed. Did a bit of digging and it turns out the DVLA issued a £100 fine to the address they had on record for me because my road tax was out of date (at the time I went to the car pound, paid up and thought that was the end of it).

The problem was that I had not updated their records for my address so I didn't get the letters and had no idea they were trying to fine me.

I've now paid the fine (apparently an admission of guilt) but would like to have the judgement set aside - I understand why it has happened but it seems like a hefty penalty for not keeping my address records updated with the DVLA.

So finally - can anyone advise me what my chances are if I apply to the court for the CCJ to be set aside? My grounds would be that I did not recieve notice of the fine.

The impression I get from reading the threads here are that the court will say it was my responsibility to keep my car taxed, the DVLA records up to date etc. but I didn't see a case just like mine so thought it was worth asking.

Any help appreciated,
Thanks,

[buzby]

You might be better leaving well alone, the penalties for not keeping the DVLA up to date with your correct contact details are about the same - so any action against the DVLA could be stopped in its tracks due to the fine being correct but they got you on the wrong offence. There is also the possibility that they could subsequently pursue you for this too - you DID give them your new details, didn't you?

[annoyedwDVLA]

When I got in touch with them to enquire about this they took my current details, but they did that so the receipt of payment could be sent.

Whether they changed my record or not, no idea - sounds as if I should definitely chase that.

Not great news, but thanks anyway.

[annoyedwDVLA]

to add to that...

Have no problem with paying a fine for not keeping my car details up date, seems fair in a "dealing with the DVLA" sort of way.

The problem is the CCJ, I don't like the idea of having a 'criminal record', or having my credit rating affected.

Would it be possible to pay a fine for not updating my home address details, and have the CCJ set aside on the basis that it was for 'the wrong fine'?

(The impression I get is that from the DVLA and a legal perspective I was definitely in the wrong and they basically don't care whether a CCJ is a fair penalty or not, which doesn't seem very equitable)

[buzby]

The trouble is, once a CCJ is on your file, it is a court record (and NOT criminal). It may cost quite a bit to have the case recalled, then reheard, and there's no guarantee the result will be any different. The fact the CRAs record this information on your credit record is something they do, because they can - and strangely the only time I'm aware of them being able to put information on your file without your express consent.

However, a CCJ can only have two status flags, showing outstanding or settled. If you paid the fine, then the CCJ stays as a matter of record. The only way to avoid this is to pay it within 14 days of judgement.

Finally, set-aside means just that, the ruling is put into abeyance until it is re-heard, it doesn't simply cease to exist - and depending on when it was originally heard, you may also be time-barred.

[annoyedwDVLA]

Well, that seems pretty definitive. Oh well.

Thanks again. That has helped a lot.

[Jenna1]

If you pay the £100 to the DVLA now the CCJ will be marked satisfied.

or you can pay some money sorry can't remember how much for the case to be re-heard but if you lose in court again, you'll end up having to pay the £100 to get it marked satisfied anyway.

[tomtubby]

Have identical situation with the £100 CCJ. Thankfully after much letter writing I have just rceived in the post today confirmation from DVLA that they will consent to setting aside. Application going to the court today, so will keep you updated on their response.

In my case have not paid the £100.

What office were pusuing you? Was it the Poole office?