Hello Im Anna, Im new to the site

[Annaxxx]

I need your help. My boyfriend has received a Final Demand/Final Steps Notice from the Magistrates Court saying that he has to pay a fine of £370.00. We knew nothing of this until we received the Notice. Apparently in October of last year he was flashed by a speeding camera, a fine was sent to his old address so he knew nothing of this, (he has been of no fixed abode since moving out of his ex girlfriend's in May 2006). In November 2006 he moved in with myself and he sold his car in December. Unfortunately during his time he did not contact the DVLA of his change of address:- 1) because he was of no fixed abode, he was living in travel lodges and then 2) he sold his car in December and then informed the DVLA (which I suppose he could have informed them in November). We have been informed by the Magistrates that the fine is for Non Disclosure. My argument is, firstly we didnt know about the fine because we never received any correspondence and secondly the DVLA were aware of the change of address in December but it has taken another 11 months for them to send a Final Demand to pay £370.00 or risk the Bailiffs being called in or immediate arrest. This is unbelievable and I cant understand why they can get away with this. Can anybody offer any advice.

Thank you very much
Annaxxx

[ukaviator]

Hello Anna

Welcome to CAG. I have moved your post here for help.

[dave]

Write to your MP for starters - this is what they are for.

I had a very similar thing with the DVLA - they ignored my SORN declaration, fined me (aparently - I had no notification at all), and when I 'ignored' their fine, I was sent a summons.

The summons was for not replying to the letter I didn't recieve, so I had no choice but to plead guilty. I hadn't replied to it - that much was true. The court fined me £520. How they thought it was worthy of a fine that hight for not replying to a letter that I didn't receive I will never know.

I wrote to my MP, and it did finally get sorted out, but not before I was arrested mind you.

I got a 4 page letter from the DVLA stating more-or-less that I was a liar and that I must have received their letter - of course, it's fine for them not to have received my SORN but not ok for me to have not received THEIR letters. Double standards!!!

Anyway, my PM got it sorted out in the end. I suggest that you try the same route to start with.

[Annaxxx]

Hi Dave

Thank you for your reply, I think I will invest in a crystal ball (if I can afford it after this!!). Too right, there double standards, they do everything to suit themselves, but when you fight back they close ranks and none of them know anything - NOT THIS DEPARTMENT. I will definitely get in touch with our MP, see if he can help out. NIGHTMARE....

[Rob S]

Originally Posted by dave

Write to your MP for starters - this is what they are for.

I had a very similar thing with the DVLA - they ignored my SORN declaration, fined me (aparently - I had no notification at all), and when I 'ignored' their fine, I was sent a summons.

The summons was for not replying to the letter I didn't recieve, so I had no choice but to plead guilty. I hadn't replied to it - that much was true. The court fined me £520. How they thought it was worthy of a fine that hight for not replying to a letter that I didn't receive I will never know.

I wrote to my MP, and it did finally get sorted out, but not before I was arrested mind you.

I got a 4 page letter from the DVLA stating more-or-less that I was a liar and that I must have received their letter - of course, it's fine for them not to have received my SORN but not ok for me to have not received THEIR letters. Double standards!!!

Anyway, my PM got it sorted out in the end. I suggest that you try the same route to start with.

Dave,

This looks like an issue that doesn't involve DVLA at all. Anna has said that her boyfriend was convicted of non disclosure following a speeding offence. I would suggest he was convicted in his absence for an offence under Section 172 of the Road traffic Act, where he failed to nominate the driver of the vehicle at the time of the alleged offence. What he will need to do is to apply to the court to get the conviction set aside. I would suggest he goes across to PePiPoo: Helping the motorist to get justice and posts details there and someone will be able to advise him of what action he needs to get to get the conviction set aside.

[Annaxxx]

Hi thanks for your very helpful email. I have gone across to the site you have suggested but I am unable to post my query. Any ideas??

Thanks

[Rob S]

Anna, have you registered with Pepipoo? You have to do that first (same as with CAG) before you can post. The forum you should post in is the "Speeding and the Judicial Process" forum.

[patdavies]

Anna,

Your boyfriend will have to apply to the Magistrates' Court concerned to have the conviction set aside. He will basically have to attend the Court and swear on oath that he did not receive the summons and explain why

This will set the clock back and the summons will be re-issued for failing to provide contrary to S.172. If he is lucky it will be a dual summons for speeding as well.

Whilst he was of no fixed abode, he would appear not to have committed any offence with the DVLA as they require a permanent address - with hindsight, he should have made arrangements for his mail to be forwarded/collected.

Has he now updated the address on his licence? The V5 is irrelevant now as he has sold the car.

There will be more than a fine of £370 pounds for this, Penalty points on his licence are mandatory and if he hasn't surrendered his licence for the points to be applied (and how could he, since he didn't know) then DVLA may well have revoked his driving licence - thus if he is still driving, he is unlicensed (and therefore probably uninsured).

This needs to be dealt with without any further delay. Once his conviction has been set aside, the licence revocation will be lifted.

If he is lucky, in a new trial he may get away with pleading guilty to the speeding (or if he states on oath that he would have accepted the fixed penalty, the Magistrates may be generous in sentencing on failing to provide)) and the fine will be £60 + costs + 3 points

[Gertie100]

I had exactly the same thing happen to me, caught speeding, moved house, then missed all the mail about it.
Convicted in my absense and had to go to court to swear that I hadn't received the summons, tickets etc.
However...all I appeared in court for was for the conviction to be set aside for not turning up in the first place. The speeding was never mentioned. When I queried it (not whilst in court) with them afterwards I was told it was now down to the police to send out the speeding ticket again, it wouldn't happen automatically. That was last November and I haven't received anything since. (Although you know I'm going to get in tonight and find the ticket dont you! )
Obviously I will deal with it in the right way if it comes in, but it might not happen...