DVLA fine from 2002 - not know before 2013 - bailiff in attendance - whats my rights?

[Spursbird]

Afternoon - Happy New Year.

 

my husband was sent a letter from someone in August 2013 saying he owed 450.00 for non payment of tax on a vehicle.

 

We disputed this as the vehicle was traded in against a new vehiucle in 2001/2002.

 

They asked us to phone DVLa which we did - they had no record of the fine so we presumed it was a con.

 

In Dec 13 we had Marston Bailiff attend the property for £715.

 

We took some advice and wrote a letter on 18th Dec to DVLA

and magistrates court and Marstons asking for recover to cease as debt was in dispute.

 

The recov er was not stoped.

We have been in touch with bailiff again after he attended on 31st Dec.

He has text this morning saying he will return at 5pm to remove goods.

 

As it is a magistrates fine we have been informed that he can legally enter thr property without our consent but rarely do.

 

Ive called the DVLA again today to follow up the letter

- only to be told it can take 4 weeks for an answer and to add to that that although there is a gap in 2001/2002 of vehicle excise duty

- they cannot see a fine to it.

 

As this is so long a go and we did not have any prior notification of this I believe it is MAL administration on thier behlaf.

 

However this will not stop the bailiff.

 

What do I do now?

Where do I stand?

 

Not all the goods belong to me and some of them I dont have proof of ownership and the debt is in my husbands name

 

If I pay it - how do I go about getting my money back?

 

How do I stop recovery action quickly?

 

Ive also been advised that I can write to the magistrates court and ask for it to go back to court

but this could take weeks if not months.

Marstons HO and Bailiff are not interested in the dispute!

 

help greatly appreciated as he is attending again at 5pm today to remove goods.

 

thanks

[Spursbird]

Sorry I should have said that we havent let him in before now

[lamma]

then don't let him in later.

If possible park any vehicles in locked garage(s) of they will pounce.

I strongly recommend that any and all encounters should be recorded.,

[tomtubby]

I am sorry to have to tell you that the previous information that you had received was wrong.

 

A criminal offence has been registered against your partner and the ONLY way to have this revoked is to apply to the magistrates court where the fine was registered to file a Statutory Declaration.

 

Unfortunately you have a problem but as long as you explain the situation this should be ok. The problem is that you are SUPPOSED to apply to file a Statutory declaration within 21 days of BECOMING AWARE OF THE MATTER. In your case the statutory declaration should have been aplied for when you received the letter earlier this year.

 

If you are forced into a position where you have to pay you may still apply for a statutory declaration and this will revoke the conviction and you will naturally be entitled to a refund.

 

Any queries please post back.

[Spursbird]

Thank u for replying. I've borrowed the money myself and paying the bailiff tonight as I can't see what else I can do as he was coming to remove goods anyway with a locksmith.

What is a statutory dec and where do I do it please?

 

Paula

[brassnecked]

You could tell the bailiff you are doing a Statutory Declaration at the local court regarding this matter, and that he would therefore be advised to cease and desist for the time being; as as soon as the SD is accepted by the court, any goods he takes will have to be returned, and any payment will have to be refunded.

 

If you pay the bailiff you would have a harder job to gain a refund once you challenge the conviction, as this is a minor matter I would be very surprised indeed if he came with a locksmith at this point.

[ploddertom]

Thank u for replying. I've borrowed the money myself and paying the bailiff tonight as I can't see what else I can do as he was coming to remove goods anyway with a locksmith.

What is a statutory dec and where do I do it please?

 

Paula

 

Has he been yet?

[ploddertom]

Do you know which Court this has originated from?

[lamma]

"I would be very surprised indeed if he came with a locksmith at this point." As would I, stunned more like.

The "I'll be back with a locksmith" is an all too frequent (false) threat to put fear into people who do not know the 'rules of the game'. Fear creates authority (in peoples minds).

Personally I think such threats constitute fraud but getting a court to agree is another matter.

[ploddertom]

Have to be honest and say I thought they were all off until Monday next week and think the text is a way of forewarning. Most would have just attended to claim the £215 fee that attracts.

[Spursbird]

Well he's been. I've paid. I took the decision as however unlikely it is I couldn't have the stress off wondering if he would.

So, I've already challenged by writing to dvla. What else do I need to do. Do I do a statutory dec at court? I rang a solicitor they wanted £250!

If I can do it myself what does it need to say?

 

Thanks for all the replies so far. Praps I'm not quite as confident as most if you ....

[brassnecked]

"I rang a solicitor they wanted £250!"

 

NO NO No they cost around a tenner, this solicitor was being silly. The Stat Dec is still worth doing and can be done at a magistrates court also. Your excuse for paying the poltroon would be that you were put under duress by him.

[Spursbird]

Okay thank you.

What does the stat dec need to say? Or will the magistrates court tell me that?

[mikeymack2002]

You stand before a Clerk of the court and repeat after them what they say then they tell you there and then that the case is ended and may/will be reheard at a later date, this you must attend or it may cost you in the long run. I did one of these a while ago and the DVLA never took the case to court again, in essence it was dismissed. No fine nothing but be warned it may go back to be re heard before the bench again. This takes less than five minutes and you leave the court and wait till/if a new date will be set for you to attend again.

 

 

MM

[Spursbird]

You stand before a Clerk of the court and repeat after them what they say then they tell you there and then that the case is ended and may/will be reheard at a later date, this you must attend or it may cost you in the long run. I did one of these a while ago and the DVLA never took the case to court again

MM

 

So do I apply for the case to be heard then? If so how do I do that now I've paid.

Or do I just go to the court and book to do a stat dec due ? If so what reasons do I give? That the case is incorrect, that I have received no letters until 2013 and that we didn't own the van then and due to length of time I cannot prove it?

Thanks

[Spursbird]

Okay - UPDATE!!

 

After all this time - I have been trying to get the original court record as advised by the MK Magistrates before we can do a Sat Dec. So I now have in my possession the court extract from August 2002. So now in a position to proceed but havent got the slightest idea where to start. I am desperate to not only get my money back (obviously) but out of principle I cannot believe that this can happen when not evewn the DVLA has it on thier systems anymore.

So to stop waffling - in laymans terms how do I go about going back to court to ask them todo a Sat dec (even though 12 years have past) and for them to re hear it and reverse it??

All advice greatfully received

[2ltr16valve]

I think you just go to the magistrates court. Give them the details and they do the rest. Put you in front of the magistrate. An job done