DVLA: fine for unspecified unlicensed vehicle 5 years ago-Philips chasing payments

[iamreevo]

Hi all, hope there's someone able to shed a little light on this.

 

A couple of weeks ago I received a letter from London South West Courts informing me that I owe £325, no other details. After a few phonecalls I discovered that the fine relates to a court case in January 2006, which (I think) had a second hearing in August 2006. I'm assuming it had a second hearing because I failed to respond to the first hearing, because I'd moved from where they thought I lived in September 2005.

 

The fine, they say, is for keeping a vehicle without a valid license, however they've yet to give me any further details about the case - you know, important details like which vehicle. I owned two around that time; a scooter which was stolen and never recovered, and a car which was never without tax.

 

I've spent about 15 hours over the last few weeks trying to navigate the courts' telephone system, holding, forwarding to another extension, holding, forwarding... and am starting to wonder if I'll ever see the end of this. I did manage to speak to someone from another court, who mentioned that I could make a statutory declaration regarding my lack of knowledge about the original court case(s), but I can't see how I can take this further if I can't even speak to anyone who has knowledge of the case. In fact, the chap I spoke to said it's possible there might not be any paperwork from the case, as it's so long ago.

 

In the time I've taken trying to track down details of the case, this has been passed to a bailiff. So, where do I stand? I suppose there are a couple of questions:

 

1. Can they get in touch out of the blue and say, "oh, by the way, there was this court case 5+ years ago and you owe us money, but we can't tell you exactly what for"?

 

2. If it turns out that it relates to the stolen vehicle, am I even liable for it?

 

Thanks in advance for any advice anyone is able to provide. I'm tearing my hair out over this one, and I don't have that much to spare!

 

Paul.

 

p.s: why do these "you have to pay within 7 days" letters always turn up on Fridays, giving you the weekend to stew over it before you can do anything about it?? Most frustrating!!

[MARTIN3030]

Welcome to the site.

You are going to have to make SD

Have a read here;

http://www.consumeractiongroup.co.uk/forum/showthread.php?165753-MAGISTRATE-COURT-FINES.-Template-of-a-Statutory-Declaration.

 

Which Bailiff firm is this ?

 

I will move your thread from here.

[iamreevo]

Thanks, Martin. The first I heard of it was a letter from London Collection and Compliance Centre, which arrived on 9th September - so actually 4 weeks today. The bailiff letter arrived today. I note that the SD post says it must be made within 21 days. Am I out of luck?

 

The bailiff is Philips.

[MARTIN3030]

Ok. I see there are others around who will help you.

[MARTIN3030]

Amazing as shows 3 members and 24 guests viewing.

[ploddertom]

Phillips won't care about any of the circumstances regarding this. They are only interested in getting your cash and have already probably added £275 to the monies outstanding. The Stat Dec route will be the way to go as this should halt Phillips in their tracks should it be successful. Have a read of this for further help and what to do:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?165753-MAGISTRATE-COURT-FINES.-Template-of-a-Statutory-Declaration.

 

PT

[iamreevo]

Yeah, I can't imagine a bailiff being particularly sympathetic.

 

Thanks for the advice, guys, it's very much appreciated!

 

Paul.

[tomtubby]

As most people on here know, I have a commercial business providing bailiff advice to the public and your question is one that I come across at least 3 times EVERY DAY. Sadly, what you have had to undergo to find out what this is all about is very COMMON indeed.

 

Almost certainly, you need to file a Statutory Declaration. I started a STICKY on this very subject a while ago and in POST NUMBER 5 of the following link you will see that I have provided an UPDATED Statutory Declaration which will need to be modified to suit your circumstances.

 

Your ONLY problem is trying to establish which "issuing court" issued the fine to you and where to send a sworn copy of the Stat Dec.

 

If you require contact details or any other questions, please post back on Monday morning as I do have a lot of telephone numbers where enquiries can be made.

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?165753-MAGISTRATE-COURT-FINES.-Template-of-a-Statutory-Declaration.

[iamreevo]

Okay, the saga continues: I filed a Statutory Declaration on Thursday 13th and was lead to believe by the magistrate that the case is now closed, and that I'd only hear more about it if the DVLA decided to open a new case.

 

Yesterday, however, a new letter arrived from the bailiff (Philips) informing me of their intention to enter & search my premises if I don't pay the full amount, £400.

 

Seeing as the letter was dated 17th, I assumed they hadn't got the message from the courts when it was sent, so have just phoned them to make sure. The person I spoke to informed me that the magistrates court had contacted them about the stat dec, and that my fine had been reduced. I explained my understanding that the case was closed, she "checked with her supervisor" then told me that because it was two fines, they'd got a stat dec for one but I still owed for the other. I explained that I had filed two stat decs - one for each case - so I shouldn't owe anything.

 

She insisted I still owe their client £120-odd, and they would continue to pursue this amount, plus I'd incur a £200 cost if they have to attend the property. I closed the conversation saying I would check with the magistrates on Monday to confirm, because this is obviously contrary to my understanding.

 

Argh. Any ideas?

 

-- and yes, yet again, the letter arrives on a Friday! Is this a deliberate tactic?

[tomtubby]

This information from Philips is WRONG.

 

When a Statutory Declaration is accepted, this REVOKES the fine and all bailiff fees etc.

 

[EDIT]. I have a letter from HMCS CONFIRMING that their appointed bailiff companies are NOT permitted to attempt to recover bailiff fees once a Statutory Declaration has been filed. If you require further assistance, I am happy to share the letter with you.

 

I would be interested to know what happens with this enquiry.

[Anishmathw]

This information from Philips is WRONG.

 

When a Statutory Declaration is accepted, this REVOKES the fine and all bailiff fees etc.

 

[EDIT]. I have a letter from HMCS CONFIRMING that their appointed bailiff companies are NOT permitted to attempt to recover bailiff fees once a Statutory Declaration has been filed. If you require further assistance, I am happy to share the letter with you.

 

I would be interested to know what happens with this enquiry.

 

Hi Tomtubby,

 

I have a similar situation which needs some help and advise.

Today I recieved a letter dated 03 March 2012 from London south west and west courts for £123.17 with 10 working days to pay. This letter is sent to my old address and only opened by myself today. Now there is no offence details given and nothing in my good knowledge.

Second letter dated 21 march, came to same old address called 'Notice of distress warrant ' from Philips bailiffs . This letter demanding to pay £209.17 with in 7 days else they will attend my house to seize goods.

In thi letter it says offence is ' keep a vehicle without a valid vehicle license' , no further information.

 

what is the best action to take next ? Please please advise me