DVLA / Marston / Court Fine

[princess901028]

Hi,

 

I really need some advice so hopefully one of your lovely knowledgeable people can help me out.

 

I used to own a car from 2005-2006, due to a guy I was very stupidly involved with in 2006 the car ended up being seized by the police and confiscated in December 2006 via tow truck and taken to Charlton car pound. I very quickly left him for obvious reasons and moved on. After quite some time trying to get the vehicle back the police felt that he bought the car so in order to just turn my back on the whole stressful experience I signed the car over to him. He then had the car as part of his confiscation order and it was sold at police auction in 2008.

 

I know that is a bit of a long story, but to be honest it was such a stressful period of time finding out someone you are with is committing crimes and secondly having a car you paid a lot of money for taken away from you.

 

I left the country in 2006 and came back in 2011.

 

In 2013 I started getting letters from Collectica about a fine to do with this very same car from July 2008. After many letters and me providing proof I heard nothing. Then in October this year I had a letter from Marston stating that same as Collectica did. I contacted them provided proof and they said I needed to contact the court that they were pursuing enforcement.

 

I went to Camberwell Magistrates court and asked to file a stat declaration to stop proceeding and was given a date of today 17th November.

 

However in the meantime, on 7th November 2 bailiffs turned up to my property and as I was outside in my car they opened the door took my car keys and were really rude and aggressive (I am still getting over it now to be honest it was awful). After a very long debate and arguement I paid them the money some £560 because they said they would seize the car etc and I was in hysterical tears.

 

I know now I shouldn't of paid it but I got in such a state and I have never had to deal with anything like this before.

 

Today I attended court to file a statatory declaration which was granted by the court. The case will be reopened on 17th December.

 

i finally got to find out what it was for, it was for the car not being taxed in 2008.

 

I have clear proof and evidence that I did not have the car from 2006, I have all the papers to prove what I have mentioned above and that I had nothing to do with him or what was going on with him.

 

Again sorry for the long waffle.

 

I am quietly confident about the case on the 17th December, however my question is about getting the money back.

 

Can anyone offer advice on how I go about this and who I need to pursue for it because I don't seem to be getting anywhere at all with it to be honest there isn't any information or no one seems to know.

 

Thank you for listening to this long waffly story and hopefully someone can help me out.

[Raykay]

When you 'signed the car over to him', did you notify the DVLA. If not, although you no longer had the car, you may still have been the registered keeper and why they are claiming for the tax from you.

[ploddertom]

Moved to Bailiff Forum.

[Bailiff Advice]

Hi,

 

I am quietly confident about the case on the 17th December, however my question is about getting the money back.

 

Can anyone offer advice on how I go about this and who I need to pursue for it because I don't seem to be getting anywhere at all with it to be honest there isn't any information or no one seems to know.

 

Thank you for listening to this long waffly story and hopefully someone can help me out.

 

Firstly, where the error was made was that when you contacted Camberwell Court to file a Statutory Declaration you should have asked them to contact Marston Group to advise them of the forthcoming application. That would have avoided the visit on 7th November. In most cases the court would advise the bailiff company and the case would be put 'on hold' for approx 14 days.

 

As an example, I spoke with a debtor early yesterday with an identical situation as yours and where she has an appointment next wednesday for a stat dec in Liverpool. Her car was clamped at shortly after 6am and left for two hours. A two truck had also arrived. She tried to convince the bailiff that an appointment had ben made but with no evidence to support this the bailiff explained that he cannot 'go behind the warrant' and that he has a duty to the court to proceed. I spoke personally with the bailiff who agreed to leave the property and to give the debtor until midday to speak with the court. Thankfully the court were able to confirm the appointment and contacted the enforcement company (Collectica). The bailiff returned shortly after 10am and removed the car clamp.

 

In your case, the Statutory Declaration was accepted yesterday and as you will have seen, the court have listed the case to be re-heard on 17th December. For anyone viewing this thread, the regulations were recently amended to provide that where a Statutory Declaration is made the court must relisted the case as soon as possible.

 

As the Stat Dec was accepted yesterday the warrant has 'ceased to have affect' (the legal terminology) and you should now be refunded the amount that you have previously paid. You should expect to receive a refund from the court for the amount of the fine and a refund from the enforcement company for the fees. Given that you made payment to the bailiff only 10 days it is possible that they have not as yet paid the proceeds to the court. Your refund could take a couple of weeks.

 

Please do post back to let us know once a refund is received and how you get on at the re-hearing on 17th December.

[princess901028]

Thank you so much.

 

I contacted Marston and I have had the reply as below, how should I proceed now as it looks like they are saying I cannot get this back from them?

 

I have also asked the court to refund their part to which I have not had a reply as yet.

 

Thank you so much.

 

As you are aware this matter relates to the enforcement of a Warrant of Control issued against you by HMCTS North East London in respect of an unpaid fine.

 

We are sure you will appreciate that it would be inappropriate if we were to comment on matters relating to the validity or otherwise of issuing fixed penalty notices or to the processes leading to the issue of warrants. Whilst I note your remarks concerning your dispute with our instructing client in regard to this matter, I have to say that any such dispute is beyond our jurisdiction which is restricted to the enforcement of warrants. This is the limit of our responsibility.

 

We have accounted to the Court in respect of the principle debt. However in view of the fact that our charges were validly and lawfully applied we can see no grounds on which any refund by us is due.

[lookinforinfo]

When the Court reaches its decision on the 17th Dec. and it is in your favour, you can ask the Court to advise Marstons what they should repay by way of fees.

This may depend on when you called the Court and when the bailiffs attended.

[princess901028]

Hi All,

 

I got the refund from Marston, just waiting on the rest from the court at my hearing on the 17th!

[Bailiff Advice]

Hi All,

 

I got the refund from Marston, just waiting on the rest from the court at my hearing on the 17th!

 

As I had stated above, the statutory declaration had the effect of revoking the warrant and accordingly, the warrant 'ceased to have effect'. The matter is then rewound and the case against you must be re-heard. You are therefore legally entitled to be put back into the position you would have been before a bailiff visited. In effect, this means that you must be repaid any money paid to the bailiff.

 

There have been changes made to the Statutory Declaration applications and now, when a stat dec if filed the court must list the case for a re-hearing very quickly. That has happened in your case and you are due back to court on 17th December.

 

I am surprised that you have not received a payment from the court yet. In your last post you copied from a letter that Marston had sent which seems to indicate that they would not repay the bailiff fees. Clearly they realised their error and I am pleased to read that they have refunded you (as of course they should).

 

Good luck for the 17th and please let us know when the court refund their part of the payment. This should be before your hearing.

[princess901028]

Hi All - I got the full repayment of fines from Marston and the Court! patients pays

[mikeymack2002]

So was the full refund with the fees included? That would be nice to see in print so to speak.... This will help other posters in the same position as you were...

[Bailiff Advice]

Hi All - I got the full repayment of fines from Marston and the Court! patients pays

 

Can you let us know what happend in the period since December and in particular, why Marston Group changed their mind and why the refund from the court took such a long time.

[princess901028]

Hi - I will get the information together and post it if you think it will help others. May take me a day or two to summarise.

 

Many thanks, P