Martsons for unknown Motoring fine on a scrapped vehicle **WON AT REDUCED COSTS TO MYSELF AND NO FEES**

[sd131]

Hi!

 

I'm sorry if this is in the incorrect place, just looking for some legal advice on an unknown debt.

 

So last year I sold a car to a scrappage company and they took my log book and supposedly were going to destroy the car. However, I've since learned I was conned and the car was abandoned while still in my name.

 

I know that I was very foolish for doing this. I have no evidence of any of it and I KNOW I should have contacted the DVLA and informed them but was unaware of this back then. I realise I am fully responsible for this happening.

 

Anyway, I moved house and today received a letter from Martson claiming I owe £1,269.17. I rang up the company, fully believing it to be fake, to then be told it was true. I had been fined for having a SORN car on a public road. It had been taken to court in January and I wasn't there so was found guilty for the offence. All correspondence was sent to my old address.

 

I never changed the details in regards to the car because I believed it to be destroyed. Now, I've rang the DVLA and they have said that the original fine was £400. Is it possible that if I put in a statutory declaration that I will be able to get the amount down? Even a little bit?

 

I've spoken to Marston who will not agree to a payment plan despite me being on maternity with a 3 month old and being in quite a difficult financial position. It is possible I'll have to go back to work early because of this.

 

So...do I bother with a statutory declaration or will they simply say it's my fault for not updating the address?

 

Please, I know I was foolish for the original incident so I don't need any feedback on that.

 

Thank you so much for taking the time to read this.

Edited August 30, 2018 by Andyorch
Paras

[AndyOrch]

Thread moved to the appropriate forum...please continue to post here to your thread.

Thread title updated

 

Regards

 

Andy

[Bailiff Advice]

 

So last year I sold a car to a scrappage company and they took my log book and supposedly were going to destroy the car. However, I've since learned I was conned and the car was abandoned while still in my name.

 

Did you get a receipt from the scrap dealer? If not, are you able to contact the dealer to receipt one?

 

PS: A Statutory Declaration is almost certainly an option and a receipt would certainly assist you.

[sd131]

Thank you. Unfortunately all correspondence cannot be located. I've changed my phone since it occurred (which is how I contacted them) and basically have no proof that I sold it. I'm not necessarily aiming to plead not guilty as I'm aware my naivety and ignorance to the correct process is what caused this. I just want the court and bailiff fees to go as I wasn't aware of the proceedings. I have proof I moved address away before any letters were sent.

 

Do you think a statutory declaration and pleading guilty will result in a fine reduction?

 

I'm afraid that making a statutory declaration will result in a higher fine somehow.

 

Also, will this show up on my DBS? I work with children so this could potentially ruin career prospects.

[Bailiff Advice]

I just want the court and bailiff fees to go as I wasn't aware of the proceedings. I have proof I moved address away before any letters were sent.

 

Do you think a statutory declaration and pleading guilty will result in a fine reduction?

 

I'm afraid that making a statutory declaration will result in a higher fine somehow.

 

Also, will this show up on my DBS? I work with children so this could potentially ruin career prospects.

 

There are only two ways in which the bailiff fees will go away.....either the enforcement company voluntarily return the warrant back to the court (which is unlikely) or you apply to court for a Statutory Declaration.

 

As you have proof that you had moved from the address where all notices had been sent to, a Stat Dec is the right route for you.

 

When you book your appointment, you will usually be asked over the telephone how you intend to plead (guilty or not guilty).

 

When you attend court to make the Statutory Declaration, you are swearing on oath that you had no knowledge of the court proceedings and only became aware on a specific date (usually this will be after receiving correspondence from an enforcement company and making enquiries).

 

If this is accepted by the Magistrate (and it usually is), the original proceedings will become NULL AND VOID.

 

The Legal Advisor in court will ask if you had of known of the proceedings, how would you have pleaded to the original offence? If you state that you would have pleaded guilty, the matter will be finalised on that same day and the court will reset the level of fine. In this respect, you will be asked to complete a simple Income & Expenditure Form (MC100). Depending on your income, the reset fine will be significantly less than previous. Entering a guilty plea, will also mean that you will benefit from a one third discount on the new fine.

 

If you decide to plead not guilty, you will lose the one third discount (which is only given for an 'early guilty plea). More importantly, the case against you will be adjourned for trial.

[sd131]

Brilliant, this is very helpful! I was worried they might ask why I didn't change my address, which would open an other can of worms. If they are only going to ask if I plead guilty or not guilty, I'm happy to plead guilty and accept a new fine.

 

If this is the case, I'll go ahead with the stat dec. Many thanks for your advice.

[sd131]

I've still not been able to find any information on whether this would show up on a DBS. Can anyone advise?

[Bailiff Advice]

I've still not been able to find any information on whether this would show up on a DBS. Can anyone advise?

 

This type of offence is a simple motoring one that I believe would be 'filtered' out in any DBS search.

[sd131]

Thank you so much for your help. I will let you know the outcome.

[sd131]

Hi, spoke to a debt specialist at citizens advice today who recommended I pay the fine as a statutory declaration would bring up the fact that I moved house and didn't inform the DVLA, therefore it's my own fault that I didn't receive the letters. Also found out this will be on my credit report for 6 years, and I'm due to remortgage in 3. Cannot believe such a simple mistake can affect my whole life. Many thanks for the advice.

[ploddertom]

 

 

 

 

Hi, spoke to a debt specialist at citizens advice today who recommended I pay the fine as a statutory declaration would bring up the fact that I moved house and didn't inform the DVLA, therefore it's my own fault that I didn't receive the letters. Also found out this will be on my credit report for 6 years, and I'm due to remortgage in 3. Cannot believe such a simple mistake can affect my whole life. Many thanks for the advice.

 

 

 

 

 

 

Court fines do not appear on your Credit File. As good as CAB are they do need to learn before they speak, as their advice can be very variable depending on the Office you use.

[sd131]

Ahh, do you still think I'd have a chance with the stat Dec then? He basically said I'd be opening a can of worms by taking it back to court.

[ploddertom]

Ignore everything what they have said. Providing you are certain you knew nothing about this until Marston turned up then do as has already been suggested about the Stat Dec. Remember you only have a short window to do this in and you have already wasted at least a week - the clock is ticking.

[Bailiff Advice]

Hi, spoke to a debt specialist at citizens advice today who recommended I pay the fine as a statutory declaration would bring up the fact that I moved house and didn't inform the DVLA, therefore it's my own fault that I didn't receive the letters. Also found out this will be on my credit report for 6 years, and I'm due to remortgage in 3. Cannot believe such a simple mistake can affect my whole life. Many thanks for the advice.

 

It would not be fair of me to publicly state what I think of the advice that you have received suffice to say...... it is wrong. I still get annoyed at inaccurate information from debt charities (who by the way, receive millions of pounds in funding !!)

 

A Section 14 Statutory Declaration is precisely for cases such as yours and in fact, one client with almost the same circumstances as yours had his Stat Dec appointment yesterday. It was duly accepted and a new fine of a lower amount set. These applications are extremely common indeed.

 

One of the 'steps' that HMCTS can use to enforce an unpaid fine is to register the fine with Registry Trust. It is my understanding (and I have raised questions on this subject), that very few fines are ACTUALLY registered and there are many reasons why this is the case. Instead, most courts issue a warrant (which is what has happened in your case).

 

A Statutory Declaration MUST be made within 21 days of 'becoming aware' of the conviction. You first posted here on 31st August so you have already wasted a fair amount of time.

 

Posters on here can only advise to the best of these ability and whether you accept that advice or not must be your choice.

Edited September 5, 2018 by Andyorch
Edited

[sd131]

I know I'm going to apply this week, thank you

[sd131]

And I do apologise for seeming like I'm going back and forth. I'm already suffering with postnatal anxiety and I'm afraid of the situation becoming worse. I have never been in a situation like this.

[lookinforinfo]

That's ok -most of us have been there in one way or another -well maybe not the post natal bit for me.

[sd131]

Ha!

[sd131]

I have rang up to make the statutory declaration.

 

I am wondering though...I looked at where the car was seen and I can imagine it being 'left' on that road. I'm starting to wonder whether it was seen electronically but was actually being carried by another vehicle, as it was when it left us.

 

Can I request the evidence that is being used?

 

DVLA have asked me to ring enforcement to request the evidence but said it can take up to 4 weeks.

 

Also, found the text messages to the company I sold it to. The mobile number has been disconnected and they are right around the corner from were the car was spotted! Interesting stuff...

[sd131]

Statutory declaration booked for 12th October.

Quick question...when completing the means enquiry form, will they take being on maternity into account? I'll be receiving SMP for the next 4 months which is only about £500.

 

I receive a good wage usually.

[ploddertom]

I've asked someone who knows about this to have a look as I don't know about these.

[sd131]

Thank you.

[Bailiff Advice]

Statutory declaration booked for 12th October.

Quick question...when completing the means enquiry form, will they take being on maternity into account? I'll be receiving SMP for the next 4 months which is only about £500.

 

The court usher will hand you a blank MC100 form when you attend the Magistrates Court for your Statutory Declaration hearing. When you complete the form, you would need to provide your income and expenditure details at that present time.....NOT your income for some date in the future. In other words, you should be declaring that your income consists of SMP.

[sd131]

Great, thank you

[sd131]

I've been trying to find out why my credit score has plummeted so much (999 to 540!) as this probably my main concern now. We're due to remortgage in 2 years!

 

So...I think it's been put on the Public Register as well as the warrant. Whether it's due to a default on the fine or a high court judgement I'm not sure.

 

Say Stat Dec is accepted and I pay the fine upfront, does that mean it will be removed from the register and my credit rating will improve again? Would a N443 be a possibility?