DVLA : Clamped then Impounded then Court fine .... whats next?

newbies · March 8, 2011

Hi all

I would really be greatful to you for any suggestion or advice you may have regarding my situation.

Back in January 2010 I moved my address and forgot to update my details with dvla. Unfortunately at the same time my road tax was due and as I didnt receive the reminder from the dvla I forgot to do the tax.

In late January one day I was out of the city and my friend called me up to inform that my car was clamped by dvla. I relalized what I had done and phoned dvla to pay the fine. I had to pay £260 pound (£160 surety fee to be refunded after showing the tax disc) to get my car unclamped. I was not in a situation to pay the tax online so I dicided to do that later. (at that point I had no idea that I had only 24 hours to do the road tax)

Next night when I got back home my car was infront of my house and my plan was to do the tax next day on my way to work. But next morning when I stepped out of my house, my car was not there. I was really scared and thought that it was stollen. I called the police and they informed me that it was towed by the local council. Anyway it took around two days to sort this out with the council and get my car relealsed from the pound. Again they charged me the same amount as my vehicle was untaxed. I tried to tell them that I have alredy paid the fine but it didnt work and according to them they were kind to me as they didnt charge me for the towing and storage fee. This was in the first week of February 2010.

In mid February 2010 I had a road accident and my car was taken by a accident repair company with all the documents. I did not bother to change the details as I thought the car was going to be written off. In the mean time I had to move address once again and in June 2010 I moved to my current address. My accident claim took quit a long time and wasnt settled until around August 2010. Anyway when the accident claim was settled I got my car back and renewed all the paperworks in September 2010.

In November I received a letter from a company called Marston Group stating a case reference number to pay £750 fine. I called them and discovered that it was related to the same offence. I told them I have already paid the fine not only once but twice, they asked for proof, I faxed over the receipts.

Last month a lady phoned me to say that she left a letter for me in my door and was waiting outside of my house to collect the outstanding money. I went out and spoke to her and she said that they didnt receive any documents from me. I then again, provided her with the copies of receipts and she asked me to wait until she gets back to me.

On 22 February at around 20:00 she phoned me to say that she has spoken to court and got instruction to enforce the action i.e clamping my vehicle and impounding etc. I requested her to provide me the court details so that I can speak to the court by myself. She then text me the contact details on that night. The very next morning at around 05:00 she called me back again and said that she has already clamped my vehicle and waiting outside to collect the money and I have got only couple of hours to pay her otherwise I will loose my car. I told her that you gave me the details only last night to contact the court and now you are not even giving the chance to speak to them. She was not listening to any of my words and was forcing me to pay the £750 on that spot. Anyway after around an hour of debate she agreed to allow me to speak to the court. She warned that she would come back at 10 Oclock to take my car away if she doesnt get the money or any instruction from court. I called the court at 9:00 and told them the whole story. They gave me another date to appear in the court to make a statutory declaration which is 28 of this month.

I was really frastrated and helpless as how many times should I be penalized for the same mistake? One of my friend advised me to go to Citizen Advice Bureau. They spoke to the court and explained me that I still owe the fine. The explanation was, whatever I had paid was not the fine but just the release fee. The actual court fine was £480.82 and when they did not get any response from me (as they have been sending the letters to my old address) the case was passed to Marston Group and now this fine has gone up to £750 including all the added charges.

My frastration is local council wasnt aware when dvla clamped my car. They towed my car because the information was passed to them by the dvla. When dvla clamped my car and I paid over the phone (I dont know if they had left any notice) I wasnt made aware that I have to tax my car within 24 hours, all I was said I will get the surety fee back if I show them the tax disc within 14 days. And how would I realise that the money I had paid was not a fine but merely a release fee and I should have waited to receive a court summon to pay another £480.82 because I have made a severe mistake by forgetting my road tax which would have cost me only £68. Should every driver in the UK be a motoring law expert to drive the vehicle? I am a law abiding resident of this country and I never have done anything or have any intention to do anything to avoid the legal responsibility.

I am planning to go to dvla tomorrow to speak to them. Dont know if it will make any difference. The way I am treated I am feeling like I have committed a heinous crime and I should suffer for the misdeed (forgetness).

Any advice or support would highly be appreciated.

nmonline · March 22, 2011

Unfortunately, the documentation you get when DVLA clamp your car can be very confusing. They usually sting you for the seperate offence of not DISPLAYING valid road tax. However, they would have written to you, as would the court. I think your chances are slim, but try Pepipoo Fightback Forums - they seem to have some people there who like to take on DVLA

the bird · March 27, 2011

its with a tin hat on i say the following...

non of it would have happened if you had updated your details on the v5 when you moved. sorry petal.

not an awful lot you can do now, the origional info from the clampers giving you your rights would have gone to the pre add, as would the penalty letter from the dvla adv you that the penalty is seperate to the clamp removal fee.

the lady you spoke of was a court appointed bailiff, they dont care and are working on behalf of the court.

the stat dec is the only way to go. call your local dvla on monday (one of the enforcement offices ) and explain that you moved and that you had no idea you had a penalty outstanding etc... they'll re-offer the origional penalty. this will be an amount based an how long the veh was un-lic plus an element of penalty for the act of putting it on the road without tax.

the good side it that the penalty offered will be minus the court fee, the victim surcharge and the bailiffs cut.

hope you do ok

Raykay · March 27, 2011

Too late to appeal to DVLA, the matter has already been to court and the OP has a stat dec hearing at court tomorrow.

newbies · March 28, 2011

Hi

Thanks to you all for your replies. I just logged in to give you a quick update of my situation which is more frustrating...

I just understand how the law works in this country. Does every one needs to go throw with some situation first to gain the required steps when certain circumstances arise?

Been to court today and they refused my stat dec. They just denied it as according to them the time period has expired. What they explained was I had 21 days to made stat dec after I had become aware of the case as I received the letter (from Marston Group) in November 2010 and thats why they would not be able to reopen the case.

While I was explaining my situation, right at the middle the prosecutor stopped me and brought this matter into magistrates attention. then I wasnt given any chance to speak.

I was shocked and asked them where do I go now? I've been to every possible places and contacted all correspondences related to this matter. No one has given me right answer. The magistrate said "we are really sorry we can not help you as we have to go by the law." When I asked them what shall I do now they advised me to go to the crown court. after that I wasnt given any chance to speak.

Guys, this is completely unfair. When I received the letter from Marston Group, there was just a case reference number. So it was reasonable for me to speak to the marston group to find out what happened. and after that you know what has happened. How would I know that I need to speak to the court about this to make a stat dec (I didnt even know what a stat dec is). I didnt even know the contact details or the court name until last month when the baillif lady provided me with the details.

If my stat dec date was over, how could the court issued me with a date to appear to the court and make the stat dec. Werent they aware of the law then?

anyway I am planning to take this matter to the crown court.

any suggestion or advise would highly be appreciated.

thanks

russell

newbies · March 28, 2011