terry06 Posted May 29, 2015 Share Posted May 29, 2015 Right where to start... I finished uni in june last year and moved out of my uni house in the September. Like an idiot I forgot to change the address on my V5 for my car at the time straight away. As a result I didn't receive a VED reminder ) and the tax expired (I know its my own fault for not remembering). The car got clamped. I paid the fine to remove the clamp, the £80 fine to the DVLA for expired tax and renewed my VED and changed the address on the V5 to the correct address. This all happened in December 2014. I thought that was the end of it. Today after work I get a message from the new tenants of my old house informing me a bailiff had been around and I owed £638.34. They were out when the bailiff called round but they opened a letter addressed to me. I got the as soon as I could after work and it turns out there were a few more letters dating back to March. I rang the bailiff immediately and explained the situation. He was a really nice guy and informed me there was nothing he could do and i needed to talk to the Magistrates Court. He also said that this all originates from an £80 fine for the expired VED. The Court closes at 5pm so I can'tget through to them until Monday. So I am asking for advice. Do I have any chance of fighting this? I received none of the letters requesting payment of the fine from the Courts but as far as I am aware I paid all fines owed. I paid the £80 fine to the DVLA for the VED expiring and I paid the fine to the clamping company to get the clamp removed. I was unaware of any other fines. What can I do next? I know it's my own fault for the initial fine and clamping but I don't understand how it has escalated to this level. All advice is welcome, sorry for the long post Quote Link to comment Share on other sites More sharing options...
ZMANALEX Posted May 29, 2015 Share Posted May 29, 2015 You do not say what the £638.34 is for. Quote Link to comment Share on other sites More sharing options...
terry06 Posted May 29, 2015 Author Share Posted May 29, 2015 Sorry that is because they say the £80 fine was not paid so it has gone to Magistrates Court (which I was unaware of) so that added costs and then the bailiff costs on top of that Quote Link to comment Share on other sites More sharing options...
terry06 Posted May 29, 2015 Author Share Posted May 29, 2015 I paid the DVLA an £80 fine so unless there was another related fine I did not know about I can't understand what is going on Quote Link to comment Share on other sites More sharing options...
ZMANALEX Posted May 29, 2015 Share Posted May 29, 2015 Providing you have proof of payment and your paper work is in order with the change of address then you should have nothing to worry about. Talk to the MC when they reopen. 1 Quote Link to comment Share on other sites More sharing options...
Randy_Baton Posted May 29, 2015 Share Posted May 29, 2015 A piece of advice, if you ever move house use the Royal Mails redirection service to forward any mail addressed to you at your old address top your new address. I always forget to change the address on something! 12 months costs £60 3 months costs £30 https://www.royalmail.com/personal/receiving-mail/redirection?PSID=Google&cid=RD0115_PPC_SM_37 4 Quote Link to comment Share on other sites More sharing options...
terry06 Posted May 29, 2015 Author Share Posted May 29, 2015 Providing you have proof of payment and your paper work is in order with the change of address then you should have nothing to worry about. Talk to the MC when they reopen. I should have proof of payment providing i can get a bank statement that far back, online i can only see back 6 months. I have the V5 under this address and the tax renewal reminder for the same car as it runs out again on Sunday. Hopefully that's enough proof. A piece of advice, if you ever move house use the Royal Mails redirection service to forward any mail addressed to you at your old address top your new address. I always forget to change the address on something! 12 months costs £60 3 months costs £30 https://www.royalmai...D0115_PPC_SM_37 I wish I knew about that back then! Quote Link to comment Share on other sites More sharing options...
Ekona Posted May 29, 2015 Share Posted May 29, 2015 A piece of advice, if you ever move house use the Royal Mails redirection service to forward any mail addressed to you at your old address top your new address. I always forget to change the address on something! 12 months costs £60 3 months costs £30 https://www.royalmail.com/personal/receiving-mail/redirection?PSID=Google&cid=RD0115_PPC_SM_37 Bloody rip off, that's per surname so if you're like me when means the missus moved we'd have had to pay twice, as she still had the odd thing left in her maiden name. Sod that, I did the important stuff then told the new owner to give us a call if anything interesting turned up OP, you need to speak to the DVLA and the Mags to get some more detail. Sounds like an error to me, but either way you need this sorted as this is the kind of thing that ruins credit for years. 1 Quote Link to comment Share on other sites More sharing options...
terry06 Posted May 29, 2015 Author Share Posted May 29, 2015 Exactly that's what I'm most worried about as I am saving up for house deposit This is going to be a great weekend... Quote Link to comment Share on other sites More sharing options...
Mudman Posted May 29, 2015 Share Posted May 29, 2015 I don't think there is a need to fight as looks like you have done the right thing at he right time. Reading the above as long as the fine is for the VED and theres not some other parking offence and as long as the fine was paid prior to the magistrates courts decision then would agree that this is a misunderstanding and the courts should call the dogs off. I would speak to DVLA in the first instance as they are the wronged party so to speak. If they have failed to inform the court that the fine was paid in a timely manner then the onus is on them to cover the court costs plus associated ancillaries Quote Link to comment Share on other sites More sharing options...
sipar69 Posted May 29, 2015 Share Posted May 29, 2015 A piece of advice, if you ever move house use the Royal Mails redirection service to forward any mail addressed to you at your old address top your new address. I always forget to change the address on something! 12 months costs £60 3 months costs £30 https://www.royalmail.com/personal/receiving-mail/redirection?PSID=Google&cid=RD0115_PPC_SM_37 Bloody rip off, that's per surname so if you're like me when means the missus moved we'd have had to pay twice, as she still had the odd thing left in her maiden name. Sod that, I did the important stuff then told the new owner to give us a call if anything interesting turned up OP, you need to speak to the DVLA and the Mags to get some more detail. Sounds like an error to me, but either way you need this sorted as this is the kind of thing that ruins credit for years. If it was dealt with by the Magistrates' Court it won't have an impact on credit - only civil matters such as CCJs impact on credit. But I agree it still needs to be resolved ASAP. 1 Quote Link to comment Share on other sites More sharing options...
veilside z Posted May 29, 2015 Share Posted May 29, 2015 Hope all goes well for you mate. 1 Quote Link to comment Share on other sites More sharing options...
Ekona Posted May 29, 2015 Share Posted May 29, 2015 If it was dealt with by the Magistrates' Court it won't have an impact on credit - only civil matters such as CCJs impact on credit. But I agree it still needs to be resolved ASAP. Really? Never knew that, thanks for the heads up Seems bloody stupid though, surely a default is a default, but there you go folks: Better to screw the state than a private company! Quote Link to comment Share on other sites More sharing options...
sipar69 Posted May 30, 2015 Share Posted May 30, 2015 Yep. A default is a default on a credit agreement - usually when three consecutive payments have been missed - they usually remain on a credit record for six years. When judgements are awarded for non payment of a debt in the county court, the court automatically registers the CCJ as a matter of public record (unless the debt is satisfied within one month). CCJs also remain on record for six years. The OP appears to have had a fine in the magistrates' court and then additional costs probably related to attempts to enforce payment. Still not good but it shouldn't register on his credit file. Quote Link to comment Share on other sites More sharing options...
terry06 Posted May 30, 2015 Author Share Posted May 30, 2015 Thanks for the advice and comment all. I have just gone through my account and found that the DVLA never took the £80 fine!!! I know I am an idiot for not checking at the time but is there anything I can do to get the extra charges written off? Especially since I was unaware of any letters due to them being sent to wrong address even though the DVLA had my updated details back in December. I will happily pay the £80 (which I thought I already had anyway after authorising them to take it over the phone) but the extra charges are due to their mistake. Thanks again Quote Link to comment Share on other sites More sharing options...
Randy_Baton Posted May 30, 2015 Share Posted May 30, 2015 You need to speak to the DVLA and see what they say. There maybe a recording of your conversation or something on your account that states a payment was attempted. Quote Link to comment Share on other sites More sharing options...
terry06 Posted May 30, 2015 Author Share Posted May 30, 2015 I have tried but I need to speak to the enforcement department which is open 9-5 Monday-Friday. I have sent an email so I have a written record of correspondence. Quote Link to comment Share on other sites More sharing options...
Ekona Posted May 30, 2015 Share Posted May 30, 2015 but the extra charges are due to their mistake. Unfortunately, they're all due to your original mistake, there's no easy way of saying that. I fear you're on a hiding to nothing here. By all means ask the question, but ultimately you really should pay up and consider it an expensive lesson in keeping an eye on things. Quote Link to comment Share on other sites More sharing options...
terry06 Posted May 30, 2015 Author Share Posted May 30, 2015 I agree but it is their fault for sending the letters to wrong address surely? I updated my address at the same time as re-taxing the car and what I thought was paying the fine. I fear that's the way it will go too but I'm not going to just roll over and take it. Yes it was my original mistake but like I said it is theirs for sending the letters to the wrong address. If they had just sent them to the right place I would of paid straight away. Quote Link to comment Share on other sites More sharing options...
terry06 Posted June 1, 2015 Author Share Posted June 1, 2015 A bit of an update: I rang the DVLA and they were utter useless. The only repeated response I got was to send a letter to one of their departments and it will take 4 to 6 weeks to get a reply! I have spoken to the general Magistrate Court enforcement enquires. They have advised I should complete a Stat. Dec. from since I received no correspondence and was unaware of the court case. This will set a new court date which I can attend to defend my case. Is it worth it? Will end up paying more in costs than the sum they say I owe? If I lose the case (even though I shouldn't) will I end up owing even more? They also said to do this I need to speak to my local Magistrate Court (Brighton) I have attempted to call them over 20 times, either getting a message saying no one available to take the call or left ringing with no answer (for a number of minutes!!!!). They also close at 4:30pm so I can't call them/go talk to them after work. Useless! I also (maybe stupidly?) rang up the original debt collector for the DVLA. The guy from the company was trying to get me to pay the original £80 fine. He was stating that the company do not go through the court/bailiff route (despite threatening removal of goods in the final letter). I didn't pay. Is he just trying to get money out of me or will I have to end up paying that company too? He goes on to say that the DVLA also do not go down the court/bailiff route as they use his company to collect all debts. And if I pay the bailiff I will still owe his company/DVLA money. So why does the letter from the Magistrates say the fine is for Late Vehicle Licence Penalty? I am in a bit of mess at the moment with this on top of some personal and work related stuff and unsure what to do. I really do not need the additional stress of a court appearance on top of it all. I know the next step is to speak to my local Magistrate and find out exactly what is going on and I will keep trying to contact them. But what would you guys do? Quote Link to comment Share on other sites More sharing options...
Ekona Posted June 1, 2015 Share Posted June 1, 2015 I'd pay the original demand and move on. Life is too short for stress like this, it's really not worth it. Quote Link to comment Share on other sites More sharing options...
KyleR Posted June 1, 2015 Share Posted June 1, 2015 Have you been to the bank to get a monthly statement that shows you paid? Quote Link to comment Share on other sites More sharing options...
Mudman Posted June 1, 2015 Share Posted June 1, 2015 Dan's right - You need to pay your original fine albeit belatedly. Doesn't really matter if you have tried to pay - this is all a result from not being paid. If the court is offering you a chance then I would take it as this is the only way you will get heard. They would be the best people to answer any questions as to financial exposure. The bailiff just needs to know that the fine is being disputed and is subject to a revised hearing that should be enough to put a hold on that. Not sure if this is a criminal case of not - if it is then you can also contact/email the local constabulary (CPO) with a plea of mitigation and if you are of good character with no history of criminal activity - suggest that prosecution is not in the public interest as this was a simple oversight - and you have paid the fine now you are finally aware of it and the court action. Good Luck Quote Link to comment Share on other sites More sharing options...
terry06 Posted June 1, 2015 Author Share Posted June 1, 2015 Yep bank statement shows the £126 to DVLA for renewed 6 months tax and £100 to the clamping company. The £80 was never taken... So this is why they are chasing me which is fair enough. I am more than happy to pay the original fine. But what is not fair is all the additional costs associated with them sending all of the letters to the wrong address and me being completely unaware that I owed the money. Now I'm debating whether to accept it and just pay the lot or whether to fight to get the amount reduced to the original fine, which will involve court. I am also a bit weary of paying the whole amount to the bailiff since the original debt collectors say I will still owe them the £80. If I go to court will I need a solicitor? In which case the cost may outweigh the gain. It is not a criminal case (as far as I am aware, I bloody hope it's not!) Quote Link to comment Share on other sites More sharing options...
Ekona Posted June 1, 2015 Share Posted June 1, 2015 You don't NEED a solicitor. Whether you'd want one is up to you: Personally, I wouldn't bother, just be contrite and state the facts. If the extra stress and time (off work, don't forget!) is worth less than the fine amount, then fight it. If it's not, then pay up and move on. Quote Link to comment Share on other sites More sharing options...
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