Marstons £660 Unknown fine for keeping a non taxed/sorned/insured car on private land

[webboooo]

I'm pretty sure I've put myself in a lose lose situation but would like some advice.

 

I've recently received a letter from a debt collection agency saying that I owe £660. This is the first I've heard of any fine.

 

I called them 3 times today and requested a call back as per their automated line.

Finally got a call back just now and they're saying it is a fine from last year for keeping a motor vehicle uninsured.

 

They could not provide me with details of the vehicle though, they've put the case on hold until Wednesday whilst they request more information from the courts.

I've been told to call them back on Wednesday to discuss it further, failure to do so will result in a visit from an enforcement agent.

 

Long story short,

my old car packed up in August 18, it then sat in a private parking space until July '19 when I got rid of it.

It was taxed until the direct debit stopped for the year in March '19

so there was a 4 month period when it was not taxed,

although I thought it would not matter as it was in a private space.

 

The reason this is the first I've heard of anything is because I hadn't updated my address on the V5 when I moved house in March '19.

 

Is there anything I can do?

I'm accepting the fact I'll have to pay something but not wanting to pay the full £660.

[borisbeaver]

Did you sorn the car for the 4 month period?  This could be the issue.

[dx100uk]

debt collection agency or bailiff BIG difference...DCA's are NOT BAILIFFS on any debt and have ZERO legal powers on any debt.

 

name the company you rang..

[Ethel Street]

There have been previous threads about the different laws applying to car tax and to insurance. If you can find them on here they quote the specific laws.

 

As I recall it you only have to tax it if it is on a road maintained at public expense. So probably if it was in  a private  space you did not need to tax it although you'd still need to do a SORN declaration to avoid a DVLA penalty. Did you SORN it?

 

But for insurance the law is that it must be insured if the car is on a road or place to which the public have access, even if privately owned and even if it is no longer driveable.  It's a rather vague definition I know. But it sounds like you were taken to court for 'failure to insure' rather than 'failure to tax'. Impossible to say whether in your specific circumstances insurance was required or not. But because you didn't update the address on the V5 you didn't get the chance to argue it in court and looks like you were convicted in your absence.

 

Hopefully someone here will be able to advise whether you can get the court to re-open the case.

 

Failure to insure usually gets you Points on your licence. Have you checked whether anything is recorded?

 

https://www.gov.uk/view-driving-licence

Edited March 16, 2020 by Ethel Street

[webboooo]

I didn't sorn it when the tax stopped,

I did sorn it just before I got rid of it though, some time in June from what I remember.

 

I'm fully expecting them to turn around and tell me to suck it up and pay but I'm hopeful something can be done.

 

The company that are handling it are Marstons, who are a High Court Enforcement Agent.

 

I checked my license already as I thought it might be something to do with speeding but I have no points.

[dx100uk]

you didn't receive the court summons because you moved.

statutory declaration time me thinks?

 

 

dx

 

[webboooo]

I had seen a couple of things about this.

 

What would be the next steps?

 

Do I tell Marstons that I’m going to be making Statutory Declaration?

Also I looked on that link and can’t see what one I’d need. 

 

Sorry if it’s a stupid question, I just don’t want to do the wrong thing 

[Bailiff Advice]

You would need to get an appointment for what is called a Section 14 Statutory Declaration. This would be on the basis that you did not receive the initial summons (as you had moved address). 

 

Before doing so, you would need to find details of the conviction date, court that convicted you and any reference number.

 

Once you have the information, you would need to contact your LOCAL Magistrates Court to apply for an appointment date. During the call, the operator will take the conviction and other personal information from you. In some cases, you will be given an appointment over the phone but usually, you will receive a call back within 24 hours with appointment time etc. 

 

Any questions, please post back.

 

PS: Please make sure that you now update both your driving licence and V5C (Log Book) 

 

PS: The court should notify Marston's of your pending application. 

 

 

Edited March 17, 2020 by Bailiff Advice

[webboooo]

Update:

 

yesterday whilst waiting for a call back from Marstons, I sent an email to KSS Enforcement (can’t remember where I found their email address) asking for information on the situation.

 

I received a reply today with further details of the situation and also a contact number for the Single Justice Service to call and start an appeal.

 

I spoke to them and they have made a referral for me to attend court and make a Statutory Declaration, I should hear back from the court in 5 days. They’re also contacting Marstons to arrange a further hold on proceeding from them.

 

I had actually updated my address on everything bar the V5 for this vehicle, stupid I know, I just never got it done.

Everything of the sort will be getting done right away in future!

 

I’ll update this when I hear from the court.

 

Thanks for all the advice!

[dx100uk]

well done!

 

not wishing to teach you to suck eggs...but you have done the same with any 'debt' you might have with regard to your credit file?

 

dx

 

[webboooo]

Annoyingly I grew up with my dad always being in similar situations due to his sheer ignorance, so I’ve always been on it when it comes to staying on top of this kind of thing. Typically the one thing that I let slip comes back to bite me in a big way. 

[dx100uk]

pretty sure we've had a few of them here already where everything got rolled back and the end result was a small payment to the DVLA.

bit busy to go be nosy on here at present sorry.

 

dx

 

 

[Manxman in exile]

Sorry - do you still not know what the fine was for - insurance, tax?

[Manxman in exile]

Oh... looks like tax (?).

[dx100uk]

seems a bit high to me for not sorning?

but if it were insurance then surely the points should be showing or even the licence be showing cancelled?

as he'd not handed it in for points to be added?..

 

..however, pretty sure everything should be unwound in the once the SD is sorted.

[webboooo]

The email that I received stated it was for;

 

Being the registered keeper of vehicle *Vehicle Reg* at the registered address *my old address* which was found to be without the correct or continuous insurance when this was required on 05/12/18 in *town I live*. DVLA had on record that you were the registered keeper of the vehicle at the time of the offence on the logbook/V5.

I guess I don’t have points on my license because I wasn’t driving the car with no insurance, just keeping it. 

[dx100uk]

yes ofcourse you weren't driving.. so used to it being that as well here.

 

https://cse.google.com/cse?cx=partner-pub-8889411648654839:3134625398&q=no insurance dvla&oq=no insurance dvla&gs_l=partner-generic.3...16504.29768.0.30166.20.20.0.0.0.0.131.1695.19j1.20.0.gsnos%2Cn%3D13...0.9140j15797968j19j1...1j2.34.partner-generic..18.2.218.r1uEwY-O144

 

1st thread after the adverts here ..is useful explains the act and what has happened

 

https://cse.google.com/cse?cx=partner-pub-8889411648654839:3134625398&q=no insurance dvla&oq=no insurance dvla&gs_l=partner-generic.3...16504.29768.0.30166.20.20.0.0.0.0.131.1695.19j1.20.0.gsnos%2Cn%3D13...0.9140j15797968j19j1...1j2.34.partner-generic..18.2.218.r1uEwY-O144