Jump to content


  • Tweets

  • Posts

    • hey your doing fine, stop sweating, it's really no big deal, you need to understand you are what is classed as 'a litigant in person' - meaning joe public against what can be seen as a somewhat daunting judicial system, that is too your advantage.   IMHO thats just a reprint of your defence, it might be better to structure around something like this, whos basis is around the WS in the thread i pointed too.         WITNESS STATEMENT OF DEFENDANT XXXXXXXXXXXX CLAIM NO. XXXXXXXX                                                                                                                                   Defendant: XXXXXXX                                                                                                                               Date XX/XXX2019 IN THE COUNTY COURT AT                                                                               CLAIM NO:XXXXXXX XXXXXXXXXXXXXXXXXXXXXX     BETWEEN     XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX      CLAIMANT     AND XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX     DEFENDANT    1. It is my understanding that the claimant is an Assignee, a buyer of defunct disputed or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed ...10p to 15p in the £1 and which the original creditors have already written off as a capital loss and claimed against taxable income. Idem Capital securities issue claims to circumvent and claim the full amount of debt to maximise profit.    2. As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.   I accept I have in the past had financial dealings with {insert original creditor name]. That being a Loan Agreement . I do not recall the precise details of the agreement but do recall it was on or about the year xxxx.   After seeking advice this led me to check all paperwork I held with creditors, from this I could not find any Credit Agreement relating to the account the claimant is referring to.   I have therefore sought clarification and requested copies of the agreements from the claimant by way of a section 77 request    exhibits   (DOC 1) A CPR 31.14 request pursuant to sec 61 B of the CCA1974 was sent xx/xx/xxxx via Royal Mail signed for and shows as received xx/xx/xxxx. Request for the following :   1.a copy of the default notice served under section 87 of the consumer credit act 3. Notice of assignment 4. A statement of account   (DOC 1A) To date NO default notice been produced.    (DOC 2) A Section 77 request was sent on xx/xx/xxxx via royal mail signed for and shows as received xx/xx/xxx. The claimant to date has failed to comply to my Section 77 request.   the defendant has failed to produce a copy of the Default notice issued by the original creditor,  as far as I can recall any breach with the original creditor would have been on or around xxxx.   The claimant as an assignee would not be able to legally issue a Default Notice as the debt would have already been terminated before assignment.   (DOC 3) I sort clarity of any Default Notice by the way of a CPR 31.14 request, sent via Royal mail signed for on xx/xx/xxxx and shows as received signed for xx/xx/xxxx   The claimant has still yet to comply to my CPR 31.14 request with regard to clarity of any valid default notice issued, as yet I have never received an original or seen a copy of a valid default notice from the defendant.   Conclusion   I contest that the documents I have received do not meet the requirements and prescribed terms of a legal binding credit agreement, and that the claimant has acknowledged that they are unable to produce an agreement and are unable to enforce litigation action.     I also state NO VALID Default has been produced from the claimant.   I believe that the that the facts stated in the witness state are true   ..................   have you received the claimants witness statement yet...   the above is just musings...    
    • Hi I know you are a busy site but I have posted the last few very important messages as I will be in court in the next few weeks   as you can see time is of essence and I have had few cryptic replies of look for your self messages which I have tried to work out about new guidance on statement of truths but this is not something that I am familiar with   yes I understand this site is not here to spoon feed everyone but sometimes it feels like a cap in hand approach. I have not had any feedback as to whether my statement is going to stand or if it will be thrown away by the judge?   I wish I had the knowledge of all you guys that assist everyone in their time of need who ask for the guidance that is readily available here but unfortunately it’s not the case sorry.   If anyone could advise on my post it will be very much appreciated.   Thanks G
    • I will need to find the original two letters. It wasn’t that long ago so they can’t have gone far 🙄   but nobody remembers this pcn which makes me wonder about the date. I will check. 
    • Electricians generally do a good job and we all need them from time to time.  However, none of us would employ an electrician to change a light bulb, we'd do it ourselves.   The small claims courts is designed to be informal and to discourage the use of solicitors.   What we can't understand is why you are paying a solicitor huge sums to do things you could easily do yourself.
  • Recommended Topics

  • Our picks

  • Recommended Topics

Bought written off car - didn't sorn nor insure it..got a £452 fine whilst mechanic towed it. - can i appeal?


Recommended Posts

January 2019 I purchased from an online car auction a car written off category NS.

 

I was unaware that the car had to be classified as being on a SORN once the TAX had ran out and it remained on my drive until I had the funds to repair it which was done last year in August 2020.

 

Unfortunately, whilst the car was with a Mechanic for a quotation which required it to be towed to a couple of them for the estimates to be obtained, it must've been picked up by a police ANPR camera.

 

I say this as I have never received an answer to my question of where it was and at what time as it definitely wasn't with me when the alleged contravention occurred.

 

I had a statement written and sent to the DVLA to say this and the mechanic was happy to verify this was the case.

 

Nevertheless, whilst I pleaded guilty to the fact that I wasn't aware you needed insurance as formerly it was acceptable to not do so if the car was on private property and it wasn't fit to drive.

 

I challenged the penalty on the basis that this was my first offence,

I was unaware and the car couldn't have been driven even in my absence and would have been on private property of the mechanic.

 

The hearing got posponed several times due to COVID-19 and then on the 30 April 2021 the magistrate court decided the sun fine was 220 + 20 for victim support + 200 court costs.

 

I have explained that I am out of work though not claiming Universal Credit at the moment as I am using personal savings.

 

Nevertheless, I think this amount is unfair and want to know if this could be appealed?

 

No information is provided to say that I can.

Link to post
Share on other sites

Ignorance of the law is no defence is what they would say. It was up to you to find out what you needed to do, to be in compliance with the law.

 

Yes  you can contact the Magistrates fines office and ask for a hearing to set payments based on your current financial position.

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

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

  • dx100uk changed the title to Bought written off car - didn't sorn it..got a £452 fine whilst with the mechanic for not being insured
  • dx100uk changed the title to Bought written off car - didn't sorn nor insure it..got a £452 fine whilst mechanic towed it. - can i appeal?

Did you attend the hearing?

If not, did you provide a statement of means explaining you were on benefits?

 

There are also some other anomalies with the amounts levied, but if you could answer the above two questions first, I'll explain a possible way forward which might (only might) see the sums imposed reduced.

Link to post
Share on other sites

The OP isn't on benefits, just out of work....

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites

15 hours ago, tedd4 said:

 it must've been picked up by a police ANPR camera.

 

I had a statement written and sent to the DVLA 

 

I challenged the penalty on the basis that this was my first offence,

 

 

If the offence was dealt with by the DVLA, it would be 'keeping an uninsured vehicle' - s.144A, Road Traffic Act 1988. That is an administrative matter, not the vehicle being seen by police cameras. 

Link to post
Share on other sites

2 hours ago, Bazooka Boo said:

The OP isn't on benefits, just out of work....

Yes, thanks for that. But I need to know whether he provided the court with his financial circumstances. From the figures he quoted as fines, etc., I suspect not. Perhaps the OP could also tell us whether he was offered a fixed penalty for the offence.

Link to post
Share on other sites

Thank you for your comments. 

I appealed to the DVLA twice and they rejected them on both occasions. I don’t recall being offered a fixed penalty but I’ll need to check that. 


This was the content of a covering letter I sent to the court:

 

I have appealed to the DVLA twice that the car was purchased from an online auction for salvage cars and that it was not roadworthy nor driveable as evidenced by the pre-inspection purchase report by an independent mechanic that was submitted to the DVLA and was received from the merchant with an MOT though no insurance or SORN. 

 

It was in effect in-trade and was recovered by the mechanic for inspection and then a couple of weeks later to my address and remained on the drive and thus off the public road. 

 

Since the Court Order has been received I have sought legal advice whereupon I was I was informed, having not known at the time, of the change in the law that the car had to be insured even though it wasn’t on a public highway and was not in any condition to be driven. This is essentially the basis of my plea change. 

 

When pleading not guilty, there were several mitigating factors that existed that led me to believe that the car could only be insured once the repairs were completed. I had in fact checked with my current broker what the cost of insuring the car was before purchasing the car to calculate its running cost.

 

In its current state there wasn’t a single insurance company willing to insure the car and he had said that it would be more difficult once repaired but certainly not impossible but at a higher premium. Therefore, it wasn’t an option as far as I was concerned. Furthermore, given that the damages to the car rendered it immobile I again thought that the necessity for insuring the car would be at the time the car was brought back to road-worthy condition. 

 

Arrangements were made for the car to be inspected by two body repair shops and at the time the notice was served it was indeed with a mechanic. I have informed the DVLA of this fact and provided them with the name and address of the mechanics who had the car in their possession. 

 

Unfortunately, to verify with which mechanic the car was with the DVLA have not provided me with the exact date and time and address of the alleged offence despite requesting it two times. The DVLA were invited to contact the mechanics to verify my claim that it wasn’t in my possession and that the car had been recovered from my address to the mechanics as it is in a non=driveable condition.

 

I have pointed out that I always wish to avoid breaking the law and as a precautionary measure I renewed the road tax as I was concerned that whilst out of my possession the car might be placed on a public highway and to avoid breaking any law I put this in place. Therefore, there was no intention of circumventing any law or attempting to save money.

 

I do acknowledge that I was regrettably unaware of any change in the law stating that a car must be insured regardless of whether it is driven or not unless a SORN is in place. Once I did become aware of this fact, I immediately declared the car off road and a SORN was put in place. 

 

After receiving legal advice and informed of the facts I am now changing my plea to guilty and I accept full responsibility for failing to comply with the law and I am very sorry for not seeking advice and/or not having reviewed current laws. This is my first such offence and my first purchase of a salvage car from an online site. I am a Medical Oncologist by profession and therefore have no experience in the world of motor trading and repairs. 

 

Since the incident occurred I've have a SORN in place and have received a quote for its repair. It will of course be registered for road tax and insurance once these are completed and this offense will never happen again. 

 

I have been off work for 3 years due to mental health and now have fully recovered. I have volunteered to return to the NHS to assist in the current medical crisis but until I do return to work I have no income nor am I receiving any benefits.

 

I am currently living in the parental home in order to save money and all of my savings are accounted for in daily living expenses, contribution for my stay and towards continuous professional education and subscriptions/registration fees. Please take this into consideration when reviewing my case such that you kindly reduce my fine or any additional penalties under these mitigating circumstances. 


I’m sure I filled in an expenditure / income chart showing the costs of daily living exceeds my income.

 

regards

Link to post
Share on other sites

  • 4 weeks later...

@Man in the middle: Can you please let me know what you would advise me to do as I didn’t attend the hearing and I’m not currently working and not claiming benefits. Furthermore, I was told to pay a fine initially but decided that I would appeal.

Link to post
Share on other sites

So are you currently appealing or was your appeal refused ?

 

If there is no current appeal in progress, to avoid further enforcement actions which would increase costs if Enforcement Officers are instructed to collect, you need to contact the court to follow up on the letter to request a means hearing. The Court will then look at your ability to pay and set you an amount you need to pay per week.

 

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

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

As advised I called the court

 

 it transpired after being told why the amount was so high that my change of plea from not guilty to guilty wasn't considered

 

I have written to them to ask that the case be reviewed in light of this omission.

 

I have not yet paid the fine and I have since received a further steps notice so hopefully will get a reply before the end of the month.

 

Thanks for the advice

Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...