DVLA fine, warrant issued with wrong date of birth

[nobbyblobby]

Hi guys

 

Long story short:

 

- Had a dvla fine for non payment of tax on a car i'd scrapped

- Was in process of applying to have case reopened as I moved shortly after scrapping car

- In the meantime bailiff turns up demanding £567.67 for £80 fine

- Paid in full on the spot, not going to risk my stuff being moved

 

Yesterday found out the case was heard (and therefore any warrant issued by HM Court) using a date of birth exactly 20 years different to mine. For arguments sake 01/01/1956 instead od 01/01/1976. My V5 and DL were/are in the correct DOB.

 

Is this a reason to have this quashed?

 

I'm NOT trying to avoid a legitimate fine!

 

I have paid a fine I should never have been given and will take any technicality to get it back!

[BankFodder]

I don't think that this technicality makes much of a difference. Sorry

[lookinforinfo]

That doesn't mean that you were not overcharged. If you post up the fees you were charged and what they were for there may be some that are reclaimable.

[nobbyblobby]

Not a clue. How do I find out?

[brassnecked]

You could have lodged an Out Of time Stat dec with the magistrates and then challenged on the evidence you had moved and sent off details to DVLA, other Caggers can advise further

[tomtubby]

Even if you have paid you are still able to file a Statutory Declaration to get the case "re-opended". Any money paid by you will then have to be repaid. This is actually quite a common situation.

 

On the matter of the date of Birth, if challenged.....the response that you will likely be given is that what is important is the name etc. Furthermore, the DOB would have been taken from the information held at DVLA and very likely, the court will respond to advise that the fault must have been yours when registering the vehicle etc.

 

Stat Dec could be the way to go but act QUICK...

[nobbyblobby]

Hi Guys, basically I've come to the conclusion that I done the crime (didn't notify DVLA i'd scrapped the car in time) so i'm gonna do the time (pay up).

 

However, I've been charged about £480 court and bailiff's fees.

 

I'm gonna try and get Marstons to hand over the excessive fees.

 

A) New thread or this thread?

B) Have spoken to Marston and they're sending me a full breakdown of what I've paid and why I've paid it.

C) What's my next step upon getting this and calculating how much they've overcharged?

 

Merci beaucoup in advance!

[tomtubby]

What you should have been charged by Marston Group is an "admin fee" of £85 together with an "enforcement fee of £215 making a total of £300.

 

You need to contact the court to ascertain how much the Distress Warrant was for.

[nobbyblobby]

Cheers, I've asked for that info to be sent to me.

[tomtubby]

I would also suggest that you check your DVLA records /driving licence to ascertain whether there is an error with your Date of Birth.

[tomtubby]

You have stated that the warrant is incorrect as it has the wrong DOB. Sadly this is not sufficient to cancel the fine.

 

Enforcement of a Distress Warrant is covered under section 52 of the Criminal Procedure Rules 2012 (link below).

 

If you look at section 52.7(3) you will see that it states as follows;

 

 

A warrant that contains an error is not invalid, as long as:

 

 

It was issued in respect of a lawful decision by the court or fines officer and..........

 

 

It contains enough information to identify that decision.

 

 

http://www.legislation.gov.uk/uksi/2012/1726/article/52.7/made

[nobbyblobby]

Nope, driving licence is correct.

 

Yeah, have decided not to contest the fine anyway but I am going to try and get charges back from Marston.

[tomtubby]

On what basis do you believe that the fees are incorrect.

[nobbyblobby]

Well Tomtubby, when I know what I've been charged for I'll be able to answer that.

[ploddertom]

If you had no knowledge of any of this you should have followed that said in Post 6.

[nobbyblobby]

Thanks for that

[lookinforinfo]

Jodacoo, you are within your rights to honestly state that you were unaware of the fine from the DVLA. Had you known about it you would have paid it long before it got to this stage.

You can make a Statutory Declaration at Court for free or with a local solicitor for around £10.

On acceptance that you moved before you received the DVLA notices, the whole case should revert back to how it was before the Court case. IE no fees to the bailiff but as Tomtubby said earlier

you have to get the SD in quickly.