DVLA SORN Eventual CCJ

[johno1066]

As already stated, if you pay it then that would satisfy the CCJ anyway. If you really wanted to have it set aside, then yes, you would have to file a PE2 & PE3 out of time statutory declaration in order to have the judgement set aside. You would need to fill out these forms with the relevant details and explain that you hadn't received the original claim.

DW190 has knowledge of this process and whilst it is entirely your decision, a solicitor is not generally required however you have already appealed. You may wish to ask the DVLA, whether they will accept the setting aside the judgement if you agree to pay the fine/penalty/supplement. The trouble you have, is that it is likely that if you simply file an out of time statdec, it is likely to be contested by DVLA unless some form of payment is agreed upon. Much also depends on the grounds that you appealed upon the first time around, you have been somewhat vague.

If you are appealing against the judges earlier decision then yes, you would appeal up the chain, if you are submitting new 'evidence' or reasons, then it is likely that you could submit using the details above. I should telephone Northampton TEC if I were you.

[hulsevictoria]

No. Not yet. I am thinking about apealing. Or going back via the N244 Route but this time including an affedavid stating that I never received the summons or any paperwork regarding the original trial.
I have been told that if I wish to appeal then I must go before the Circuit Judge. I have not yet paid the £100 as I have heard it maked a CCJ more difficult to set aside if you have paid it.
What is a PE2 and PE3 form?
Are these statutory declerations? And at which court do I get them?

[johno1066]

Like I said, much depends on what you put down on your last appeal, if you use the same arguments then you would be appealing the judges position. PE2/PE3 forms are late statutory declarattion one of which is an N244.

[hulsevictoria]

Originally Posted by johno1066

Like I said, much depends on what you put down on your last appeal, if you use the same arguments then you would be appealing the judges position. PE2/PE3 forms are late statutory declarattion one of which is an N244.

No I will not be using the same argument. I can't even describe the argument I put foreward last week. I said I was living at a womans Refuge and that I could not get access to my mail to tax the car. The Judge threw this out. I am Liable for Tax. I'm not going to argue with that.

This time I am using the argument that I never received the summons to go to court. The date of the court case was July 2006. I was living back at my home at this time, and I never did recive the documents. I would have atended straight away, had I known.

I think I need to try my new argument with another N224 Form. I'll get an affedavid from the solicitors stating I never recived the summons and put that with it.

[Aphrodite18]

1. Hi, I have to go to court sooon re DVLA claiming I had no road tax in Sept 06. This is untrue. I renewed my road tax for 12 months in July 06. I was away and my daughter telephoned them and wrote to them also. They demanded £65 as well to avoid a CCJ which she sent to them. I now have to go to court which means I have spent more money on air fares to attend. Can I claim and more important will I get my expenses given that I haven't done anything wrong? I spoke to a solicitor and the court and they all say very unlikely which seems very wrong to ordinary mortal me. My daughter has submitted a statement submission to the courts as I am not there and she was dealing with it on my behalf. Court date is 12th June. Any info or tips would be welcome please

[Rob S]

Aphrodite, how did you obtain your tax disc, was it at a post office or did you do it online? And when did you receive it?

[Aphrodite18]

I bought it at a post office and paid for it by cheque. I telephoned the bank to make sure the cheque went thru and it did about 4 days after I wrote it. so I know it is not my fault - all I can think is there was a glitch between teh post office and the DVLA over which I would have no control let alone knowledge of it...

[Rob S]

So your tax disc is your proof of the fact you did tax your car. I would go to court with the tax disc and all the correspondence you have between you and DVLA and then show it to the court and ask for your expenses.

[hulsevictoria]

I think there have been a lot of "glitches" with the DVLA's new automated system.
They have this new super database of who has tax and who dosen't and I'm wondering if this database dosen't automatically issue penalty's as and when there is a small glitch. It's all computerized which leaves it open to loads of problems.
It's just a thought.

[Aphrodite18]

Thank you very much - what is the likelihood of getting what are now going to be hefty expenses..ie airfares etc? an I claim for victimisation and stress??? That's how it feels and noone ever seems to cost that into equations.. I still cope but often wonder how many deaths thru stress this sort of stuff causes.. seriously.

[Rob S]

Have you tried contacting the court to inform them that your car was taxed and that you attending on the 12th June will be a complete waste of time, given the fact the car was taxed and you have the tax disc for it?

[Aphrodite18]

Well... sort of I was told about the court thing and the date by my daughter as the summonses had arrived and I just assumed I had to attend as it was a summonse so I booked the flight! Later I did phone the court and they said no chance (more politely..) and that I could send the stuff in but that is all very well but the stuff is in the UK and I am here...so really to check on what my daughter has done in her efforts to help I still need to go there as it is all in my name ... hence the horrible costs and if I had known I would have avoided going...

[Rob S]

One thing we haven't established here is the exact reason why you are having to go to court. Why have you been summonsed. If you have the exact wording to hand that would be useful. You mentioned your daughter paid £65, what was that for?

[demon_x_slash]

And did the court clerk tell you that you wouldn't be able to attend? That's rubbish, I'm sorry - when you have a case presented against you, you have the right to be there to defend yourself.

[hulsevictoria]

Go to court. Be sure to go there and defend yourself. Put your case foreward. If you can win your case, then you can look into getting expenses refunded. Ask them at the court what to do about getting expenses refunded.
But if you lose make sure you pay the fine within a month or you'll get a CCJ and then you will be incapable of getting any decent credit for 6 years.

[Aphrodite18]

The DVLA told her that was the fee to avoid getting a CCJ slapped on me and so she did it. I am sorry I cannot provide the specific wording of anything as I haven't seen it as it is in ngland so I will see it all the day before I go to Court!! I honestly don't see how I can lose as I paid for my tax disc and I have the disc which was issued and paid for in teh July and they claim I didn't have it in the Septemeber - yet it was a 12 month disc!! Mad or wot mate?

[Rob S]

It's totally mad. I would be making a formal complaint to DVLA as it is clear their system is flawed. You have a tax disc and proof it was paid for and the payment has cleared your bank account.

[Aphrodite18]

The Court Clerk did not tell me I couldn't attend. Just said I didn't have to attend as the evidence could be sent in. Which is not possible as i am here and the Court is a plane ride away!! Post from here is not the most reliable either - even if I had the docs here - which I haven't. Ho Hum happy days eh... still it is sunny today

[Aphrodite18]

Thank you I agree a formal complaint after the event is probably the way to go - what's the betting that gets glitched up and buried.. hahaha boo hooooo!