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I received a letter in the post which has come directly from Marston High Court Enforcement Officers stating that I owe £790 within 14 days or an enforcement agent will visit my house and seize my belongings stating they are in possession of a 'Warrant of Control' as a consequence to non payment of the fine.

 

It gives no indication of what the fine is for but only that the client is:

HMCTS Hertfordshire along with a client reference.

 

This has not come from the council or local court and I have not received any other letters or fine warnings from anywhere else and this Marston letter is the only thing I have received stating that a fine is owed.

 

I contacted Marston directly

they stated the fine was for 'driving a vehicle without insurance' or something similar to that

they also quoted my old car number plate and the date in which they were contacted by the 'client'.

 

 

They said the fine must be paid in full.

They were unable to give me contact information of the 'client' however.

 

As far as I am aware,

driving a vehicle without insurance is a criminal offence and a simple fine in the post almost a year later seems a bit suspicious.

 

 

I therefore contacted the DVLA to find out whether there were any pending or ongoing cases or investigations or anything similar linked to the vehicle or my driving license for which they said all cases had been closed or finished or something similar to that and that they were going to investigate this matter and see why I received a fine.

 

After searching the internet for a HMCTS Hertfordshire phone number

it would appear that the court has either disbanded or changed name or something similar

and I only found a number on a word document google search link.

 

 

I phoned the number and they told me to ring a different court and say i was DVLA Insurance

- which I still don't understand as I wasn't given the option to state this really.

 

 

the guy on the phone told me to go to my local court and ask for a Statutory Declaration,

a date would then be set when a DVLA officer or representative or similar would come in and confirm that I was not the driver.

 

Firstly, In this situation am I right to ask for a Statutory Declaration

and secondly, is this a genuine fine and surely the police would be after me for such an offence (which i did not commit)

 

Also,

I sold the vehicle on February the 12th 2015 and have proof of this,

the offence was allegedly made on the 3rd of June 2015

I believe according to Suffolk courts who I was transferred to for some reason.

 

 

I now live in Plymouth and am a full-time student so am I able to deal with this matter in a local Plymouth Magistrates?

 

Sorry for the long post, just wanted to make sure all the info was clear and all there.

 

Many thanks

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There is now a legal requirement to have continous Insurance. If you sold the car and DVLA were not advised by you and/or new owner of the transfer on sale, then as soon as no Insurance was noted by DVLA, they issue a penalty to the address on record. If this is not responded to, it gets passed to Magistrates and summons is sent to address on DVLA records.

 

Sounds like your sale of the car was not recorded by DVLA. Make a statutory declaration to Magistrates that you had sold the car and moved, so could not deal with the summons. Also provide details of who you sold the car to and what proof of sale you have.

We could do with some help from you.

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Ok, thanks a lot. Basically I went to uni and wasn't insured on the car my brother was, he then sold it (Feb 12th) to a local car dealer. Apparently the paperwork for the cars registered owner had not been processed until the 17th of June and the offence apparently took place on the 3rd of June, so essentially the paperwork had been sent, they just hadn't processed it in time.

 

Also, can I just visit my local magistrates in Plymouth and simply ask for a Statutory Declaration?

 

Thanks a lot for explaining though, clearly a fault of either the dealer or on my part.

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Phone your nearest Magistrate and check process. They might have to get it transfered from court that dealt with it.

 

Sounds like your Brother did not get you to complete the V5 slip to DVLA or complete info online to confirm the sale. The dealer has then not bothered either. As your name was on the V5 reg doc at a previous address, you have received automatic DVLA fine and now Magistrates fine.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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Thread moved to the appropriate forum.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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