Deductions from Earnings Order - DVLA Fine

[johnny10hands]

Just trying to help a colleague out at work.

 

Long story short.

 

- Car sold approx Sept last year - V5 sent to DVLA - No acknowledgement received

- One month later moved house

- Last months & this months wage packet shows unknown deductions

- 2 weeks of chasing answers - Found it relates to a fine for none notification of change of keeper for sold vehicle last year

- DVLA correspondence suspected to be posted to old address

- Believed that court got a different address from the DWP that colleague had never heard of let alone lived at.

- Colleague tracked down court and advised correct address - Summons then received to correct address this time.

- In court yesterday just to plead either guilty or not guilty to 'Knowing that the fine was issued' - Pleaded not guilty. Although it looks like the case has been 'set aside' for further correspondence history, and a further court date, the 3rd installment of the fine (which will total around £800) will be taken from next pay packet regardless.

- Payroll had NOT received an 'Attachment or Earnings order' so also know nothing.

 

My question is: Can they do this? as the chap in question had absolutely no idea this was going on until his wage slips were coming up short.

 

I have pointed him in the direction of this website for further reading and detailing.

 

I don't think the DVLA would care but surely a court would have a responsibility to ensure that they had all the correct information before going down this route?

 

Appalled to say the least

[disgruntled2007]

Just trying to help a colleague out at work.

 

Long story short.

 

- Car sold approx Sept last year - V5 sent to DVLA - No acknowledgement received

- One month later moved house

- Last months & this months wage packet shows unknown deductions

- 2 weeks of chasing answers - Found it relates to a fine for none notification of change of keeper for sold vehicle last year

- DVLA correspondence suspected to be posted to old address

- Believed that court got a different address from the DWP that colleague had never heard of let alone lived at.

- Colleague tracked down court and advised correct address - Summons then received to correct address this time.

- In court yesterday just to plead either guilty or not guilty to 'Knowing that the fine was issued' - Pleaded not guilty. Although it looks like the case has been 'set aside' for further correspondence history, and a further court date, the 3rd installment of the fine (which will total around £800) will be taken from next pay packet regardless.

- Payroll had NOT received an 'Attachment or Earnings order' so also know nothing.

 

My question is: Can they do this? as the chap in question had absolutely no idea this was going on until his wage slips were coming up short.

 

I have pointed him in the direction of this website for further reading and detailing.

 

I don't think the DVLA would care but surely a court would have a responsibility to ensure that they had all the correct information before going down this route?

 

Appalled to say the least

 

Assuming he has a driving licence, I further assume he told the DVLA he moved...

 

https://www.gov.uk/dvla-change-address

[johnny10hands]

Assuming he has a driving licence, I further assume he told the DVLA he moved...

 

https://www.gov.uk/dvla-change-address

 

Yes he has a driving license but will have to ask whether he has notified them when he moved.

 

I have been looking at Attachment of Earnings Order (AEO) and comparing it to Deduction of Earnings Order (DEO). From what I have read, AEO's are issued by a court to an Employer, instructing them to make the deduction where a DEO can be sent to the employer WITHOUT a court order but it looks like this is just in relation to child support payments only (i.e not any other government body and certainly not in relation to a DVLA fine)

[numbers666]

A DEO would still need to be notified to and actioned by your payroll. They will also need to undertake to make bank transfer for the deduction from pay to the beneficiary on the DEO.

 

Multiple government departments can issue a DEO without judicial oversight. I have one case ongoing with HMRC, to which my local MP is assisting. I will provide a vast ream of paperwork to the site team once progression is made. There are multiple disclosures made, and in the latest raft of benefits system dump, my NI number has been linked to another person, in a county I have never visited let lived in.

 

Whilst this was being investigated by HMRC, another department issued a DEO, after my MP on the same day was to!d no action would be taken in this manner. In the space of 2 days my payroll received an order to deduct, the next day a recension of the first!

 

In my position any ccj, court order etc is gross misconduct. Luckily HMRC made good on this error, and were very apologetic.

 

Didnt mean to hijack, but these types have statute power from multiple government departments.