Martston Letter - DVLA Keeper Change - Court Appeal Lost

[Robc90]

Hi,

 

Firstly any help greatly appreciated!

 

Bit of a long story so ill try keep it simple.

 

I received a Requisition Order from the DVLA informing they may be taking me to court,

had a form to fill in stating how i would plead.

 

I picked not guilty and

sent them a letter back stating i had sent the logbook off once i had sold it

and my responsibility ends as soon as I relinquished control of delivery to royal mail.

Section 07 of the Interpretations Act 1978

(taken from posts seen on here)

 

I heard nothing at all until 14/11/2013 when

i got a notice of fine and collection order,

 

the dvla had taken me to court and i had no idea!

 

obviously i have been found guilty as i was not there!

 

I sent an appeal letter to the court and told them i was not aware there was a court date/ajournment notice.

This was rejected.

 

i have today received a letter from Marston which informs me they will be making a visit to my home in 7 days time.

 

Ideally i would just like the case reopened so i have a chance to defend my self,

 

after a lot of searching

I'm guessing my appeal to the court got rejected because all i did was send them a letter saying i had no idea.

 

What i should of done was get a Statutory Notice done in front of a solicitor.

 

Is there any chance i could get the case reopened?

I'm guessing no as it has been so long

 

What can Marston actually do??

 

This is a rented house so they can't actually break in?

as the house is to owned by me?

 

If worse comes to worse could i just contact the magistrates court and pay the original fine?

 

I'm just so unsure of the best action to take,

 

if needed i can attach all letters sent and received

[dx100uk]

when did you sell the car?

 

have you moved in that time?

 

dx

[Robc90]

It was around june/july time

 

 

I didn't move but i did not receive any letter!

[kirsun10]

Hi as this is a County Court Matter, you need to get yourself a N244 form and have this judgement set aside for the reasons you stated in your letter.

 

Thanks

 

kirsun10

[ploddertom]

Hi as this is a County Court Matter, you need to get yourself a N244 form and have this judgement set aside for the reasons you stated in your letter.

 

Thanks

 

kirsun10

 

Sorry but this will be a Magistrates Court.

[kirsun10]

Sorry for the bad info, I was reading 3 different messages at the same time. The worse thing you did is not attend the Court, that both offends the Judge, and establishes a sense of non compliance to the rules of law on your behalf. You state you did not hear anything from the court, but this cannot be credible, as you received the notice of the fine. The only suggestion I can see is making an application http://www.justice.gov.uk/courts/procedure-rules/criminal/docs/crim-pr-form-part63-appeal-notice.pdf

sorry for the previous misinformation. It may be worth a try, but it does not look to good.

[ploddertom]

No need to apologise as we all learn as we go along.