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Warrant issued with no prior notice of any fine, penalty or court invitation ** Sorted - Stat Dec made at Court**


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Good afternoon

 

I was advised to come here from moneysaving expert as I have a query regarding a warrant for an unpaid fine. I was hoping you can advise on the following:

 

Yesterday evening my friend found a note in his letterbox from Her Majesteys Court Service.

 

It said

You have received a visit from warrant officer xxx & xxx.

Message: "Arrest warrant for unpaid fine" Call 077xxxxxxxxx

 

In a bit of a panicked state he called the police station who said there was no warrant for his arrest and that it sounded like a civil matter with a bailiff.

 

He is unaware of any monies owed and didn't know what it was about. He has not had requests for payment and has not been asked to attend court for anything.

 

When he called the number he was told it was regarding a fine for not notifying the DVLA that he sold a car. The warrant officer gave the registration address of the car as the address he moved from in 2008 or 2009. I know the paperwork was sent off as I did it for him. Shortly after selling the car he moved and has been at his current address ever since.

 

The person he spoke to said they were not a bailiff, they were a warrant officer and they would not call back to the house now that my friend had made contact. They left it that my friend would call them on Friday morning to arrange payment. They want £250 off him.

 

I have been advised that he needs to call back and get:

Date of warrant

address on warrant

issuing court

 

then get a statutory declaration witnessed by a solicitor to say he has never been informed of the liability before, and was never given an opportunity to pay any fines, or to attend court.

 

The "warrant officer" is expecting a call from him tomorrow morning. Should he ask for the above details and say he is lodging this declaration with the court and not pay the fine tomorrow?

 

There has been no mention of timescale to pay the money, I guess because my friend immediately said he would pay the charge on Friday which is payday.

 

Any advice or guidance would be appreciated as Citizens Advice say this is beyond their remit to help with and is getting into the realms of legal advice.

 

He is very realistic about this and knows that as he does not have the letter from DVLA acknowledging the sale of the vehicle, he is not going to be able to avoid getting a fine. It is just all the other charges that he is looking to mitigate if at all possible.

 

Thanks in advance for any help.

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can you remember what was done when the car was sold?

was the correct procedure adheared to, ie fillling out the bottom portion of the V5C and giving it to the new owner or i think it is section 9 or 10 now on the new forms or was the whole V5C handed over?

 

in relation to the address change, it sounds like the paper work would of been sent to the old address as the DVLA would of had that on file.

The police would not know about a court arrest warrant unless they run his details thru the PNC system and even then they would not of told you if he had an arrest warrant out as this breeches DPA, they just use a default, their is nothing on our systems.

 

your right to ask the warrant officer for the issuing court, with it being DVLA its prob west mercia magistrates, date and address.

 

you may be able to fill out a stat dec on this case if papers were served at an old address but the underlying fine, if correct, will still stand, but you will have the chance to defend yourself

 

it is best to contact the warrant officer as he has the powers of arrest, he is not a bailiff

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Thanks for the quick reply

 

A dealer came and bought the car. If my memory is correct, he completed a yellow section and gave me that back and he took the rest of the V5 with him. It was that small yellow section that I posted to DVLA. The car was sold via e-bay so I have told my friend he needs to dig through his account and find the details of who he sold it to, but even that doesn't help to show the paperwork went to DVLA. He is under no illusions about paying the fine.

 

If the warrant officer has power of arrest should my friend ask for the full details, pay up in full and then look at sending a statutory declaration afterwards? If he just refuses to pay pending the stat dec being lodged is he likely to get arrested and taken off to see the magistrate?

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i think, you should of filled out the car dealer section and given that to him retaining the rest and you fill in the details of the car company and send that to the DVLA

someone will correct me if its the other way round.

if im correct then you have not followed procedure and something will of happened to the car, stopped crashed involved in crime etc and it will of been alerterted to the police, they would of done checks and thats were the anomaly would of arose.

if your correct then you have fulfilled your obligation by sending it to the DVLA and by posting it it is deemed to have been recieved and its not your fault that they have mislaid it. (this is your defence)

you have no legal obligation to chase it up after 6 weeks athough it is prudent to do so.

 

a stat dec of papers being served to the wrong address will take the case back to court where you can sort the matter out, either way. the fine may stand, it may not, depends on what i outlined above

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Just to update - the warrant officer is arranging for my friend to go to magistrates next week to explain the circumstances as the fine was issued at the old address in 2010.

He offered this option when my friend said how long ago he moved from that address.

 

Hopefully he will only end up paying the original fine (even though we sent DVLA paperwork off, but you live and learn - recorded delivery and keep evidence!)

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Just to update - the warrant officer is arranging for my friend to go to magistrates next week to explain the circumstances as the fine was issued at the old address in 2010.

He offered this option when my friend said how long ago he moved from that address.

 

Hopefully he will only end up paying the original fine (even though we sent DVLA paperwork off, but you live and learn - recorded delivery and keep evidence!)

 

Good to hear you got things sorted but it does make you wonder how we got into a society that has to 'prove' everything, even the sending of standard post through the Royal Mail. Technology is wonderful but such a shame the DVLA haven't grasped the basics to entering correct details into their system.

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Good to hear you got things sorted but it does make you wonder how we got into a society that has to 'prove' everything, even the sending of standard post through the Royal Mail. Technology is wonderful but such a shame the DVLA haven't grasped the basics to entering correct details into their system.

DVLA make money by means of these fines for alleged omissions a stat dec that the papers were posted by Royal Mail is usually a concrete defence, there is no legal compulsion to check with DVLA whether they received them.

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Brassnecked are you saying that Deb's friend is not then liable to pay the fine after making the Stat. Dec. or is that only in situations where the declaration was made at the time of the Court hearing

that her friend would not have had to pay?

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What I am saying is in the circumstances where DVLA have "lost" the documents that have been sent by first class post therefore deemed to have been received three days after posting, that of itself is sufficient defence, if they are subsequently summonsed as a result of DVLA muppetry, google Watchdog, and DVLA. If OP has not sent the documents in as required, and haven't had a summons then the stat dec should allow the original fine to be paid, minus Marstons fees. There is no legal compulsion to contact DVLA after documents have been correctly posted. DVLA are good at misplacing mail, then prosecuting someone who has done what is lawfully required. They have lost appeals on this very point.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Update for you.

 

He went to magistrates court today. They read out the alleged offence, he said can I have more information as I have no knowledge of this prior to receiving a note from the warrant officer last week.

 

Magistrate explained what the fine was for and the associated costs, asked him if he had received any documentation.

 

He said no, sold car, sent paperwork off, moved house, nothing else heard until last week.

 

Magistrate said "ah we need to prepare a stat dec then, we will call you back in about 10 minutes to sign it"

 

He was called back in, signed document, magistrate said "you don't need to do anything else now, if you don't hear anything from DVLA within the next 6 months then consider it closed"

 

So he hasn't had to pay anything and it will now be for DVLA to decide if they want to re-issue the original £60 fine which he can either pay or argue against.

 

Thanks for all your help :oops:

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DVLA will most likely forget this now, if you recieve a further summons use what I said in post #10 a Stat Dec that the docs were posted therefore would be deemed to have been received after three days, this is an absolute defence, DVLA are an absolute shambles. and lose documents then summons a hapless car owner who has done everything right regularly. there is no legal compulsion to contact DVLA to enquire after documents no matter what they claim, as they have learned when they lose appeals. Well done you. :-D

We could do with some help from you.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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