Marstons and Magistrates DVLA V5 fine

[100%WHU]

Marstons turned up on my door step yesterday,

regarding a magistrates fine for not returning the log book slip, after selling a car.

 

 

My 16 year old daughter was in at the time,

she didn't open the door,

but said that the 'officer' had threatened to force the door open.

.which obviously scared her.

 

I called the 'officer' today to see what my options were for repayment.

 

 

He said that because it was a magistrates fine he could not agree any payment arrangement.

He said that he would give me till tomorrow to pay it.

 

But if it had been a county court, then it would have been a different case.

 

Does this sound right?

[mikeymack2002]

Where you aware of the fine? Did you send the slip back?

 

 

Did you get the further steps letter from the MC?

[100%WHU]

I wasn't wife was, but that's another story.I haven't seen a letter from MC, but tbh my post is very erratic and I often get other peoples letters and vise versa. So its hard to say

[mikeymack2002]

I wasn't wife was, but that's another story.I haven't seen a letter from MC, but tbh my post is very erratic and I often get other peoples letters and vise versa. So its hard to say

 

 

Please explain

 

 

Did you make any payments for the fine? if so you were aware of the fine and failed to pay. But if you di not receive the further steps notice this is totally different. Ask your Court to what address it was sent.

 

 

Did you receive the letter of enforcement from the EA 7 clear days BEFORE they called at your property?

[100%WHU]

ok basically I didn't see the letters, as my wife was 'dealing with it' without me knowing. She sold the car. No payments have been made. Marstons claim to have sent a letter to my address in December.

[mikeymack2002]

Did you fill in a MC100 form ( financial means form ) or were you found guilty in your absence?

[100%WHU]

Guilty in absence

[mikeymack2002]

When you receive your summons to Court did you fill any of it in and return it?

[100%WHU]

I never got the summons, but I believe the answer from my wife would have been no, she likes to bury her head in the sand

[100%WHU]

I appreciate, I really don't have a leg to stand on here. Pretty much the door step visit yesterday, is my only knowledge of this. I just needed a bit of time to get the £620 together. ie my pay day on 27th of this month.

[mikeymack2002]

Ok you need to understand this perfectly clearly .

 

 

If you were totally unaware of the Court case and didn't know of it until the EA arrived you can swear what is known as a Statutory Declaration at Court. You have 21 days in which to do this. From when you were first aware of this case.

 

Then the case gets reset to the beginning again. The Courts may relist your case to be heard some time in the future. but this is only valid ONLY IF YOU KNEW NOTHING OF THE CASE WHATSOEVER until the bailiff turned up. If it transpires you were later found to be aware you will have committed a serious offence ok!!

[mikeymack2002]

Please also bear in mind you will have had at least 4 letters in regards to this matter from the DVLA and the Courts.

 

 

The Courts will have sent you a summons,

then a notice of collection,

a further steps notice,

then finally a letter stating that an EA will be calling on you,

but then the EA will have either written to you or posted a notice of enforcement through your door,

this will have stated you have 7 days to pay

or make an arrangement to pay.

 

 

Did you not receive ANY of these letters?

 

Then the EA will have called to enforce the debt.

 

As you can clearly see there are so many steps to follow that it may be curious as to why you have received no mail

in regards to this matter or did the wife hide it all from you?

 

If post #11 applies to you then go to Court ASAP today or tomorrow and make your SD

[100%WHU]

Wife hide them from me!! I cant see why I wouldn't get all those letters

[mikeymack2002]

Wife hide them from me!! I cant see why I wouldn't get all those letters

 

 

You really need to find out from your wife what has been going on, like today. If this has been the case your wife knew then things will be different for you. Speak to her and then come back to update your thread please, she cannot and must not hide this sort of information of such importance from you. If she does this sort of thing can and does happen.

 

 

You also have the opportunity to contact the EA and explain your finances you MAY be able to make an arrangement to pay.

[100%WHU]

I contacted EA today. He said I have no options. He will give me until tomorrow to pay.

 

 

I will give her a call, in her lunch break

[mikeymack2002]

The consequences of not paying a fine are serious you can loose your goods and ultimately you can be sent to PRISON but that is only a possibility so now you understand what can and has happened I hope you can sort this out asap.

 

 

The original fine may only have been about £100 including/plus costs but now with all of the extra fees involved it is now way out of control.

 

 

Sorry for being blunt to you and no offence is meant.

[dx100uk]

lets resit a bit

 

 

DID SHE send the required slip to DVLA but they lost it?

 

 

dx

[mikeymack2002]

Sorry dx100uk I asked this question at #02 no reply

[Bailiff Advice]

Mikeymack.......good questions and answers !!!

 

 

100%whu

 

The problem that you have now is this:

 

Once a fine is issued an Notice of Fine /Collection Order would have been sent to you. If no payments are made (or some payments are made but payment arrangements default)....a Further Steps Notice is issued which provides a final warning that a warrant will be issued.

 

If payment is not forthcoming after the FSN then a warrant is issued and sent to bailiffs to enforce.

 

The enforcement company will send a Notice of Enforcement to the debtor giving a period of 14 days (this is by agreement with HMCTS) to either make payment in full OR...and this part is important......to make a payment proposal. At this stage, bailiff fees are capped at just £75.

 

If payment (or a payment arrangement) is not forthcoming after the Notice of Enforcement then sadly the next step is to pass the account to an enforcement agent for the purpose of making a personal visit. By this time, the impression given to the enforcement company (and the courts) is that you have NO intention of paying and it is for this very reason that trying to get a payment proposal accepted during a personal visit is very difficult. Once the bailiff has attended the property....an Enforcement fee of £235 is also applied.

 

My suggestion would be to stress to the bailiff that your wife has kept this debt from you and has put her head in the sand but that you do intend to pay when you get paid on the 27th. It would help if you could raise some money to pay a proportion of the debt today (difficult I know).

[100%WHU]

I have all the money now, I have borrowed it. I really appreciate all your help. TBH I just didn't want to borrow it, I knew I was in a situation, where I had not many options. I thought the best I could get was a period of time. But that seems to be impossible.

[100%WHU]

dx100UK sorry I missed that question from Mikey. She claims she did. I have no reason to believe she didn't, because I impressed on her the day that she sold the car, that she had to return the slip at the bottom.

[Bailiff Advice]

A tip for future use:

 

A vehicle owners obligation to send the V5 slip back to DVLA when a vehicle is sold only provides that you deposit the slip into the post box at the end of the road. As to how it is delivered.....and when...is NOT the responsibility of the previous vehicle owner.

 

The previous vehicle owner can rely upon Section 7 of the Interpretation Act which provides that a document is deemed 'served'......UNLESS the contrary can be proved. DVLA would be very hard pressed indeed to prove that it had not been received by them.

 

In future, it is a simple matter of responding to the letter from DVLA with a sworn Statutory Declaration stating that the V5 slip had been posted to DVLA in accordance with the regulations on xxx date and that unless DVLA can prove to the contrary, the letter containing the V5 slip was deemed as 'served' two working days after the date of posting.

[100%WHU]

Thanks for all the help. I lot of hard lessons learnt here

[dx100uk]

its worthy to note there are lots of 'wins' here in court

countering the dvla's claim they did not get the slip.

[100%WHU]

where do I need to look?