DVLA --- failure to notify of new owner (I think)

[CaththeConsumer]

My father-in-law (FIL) and mother-in-law moved from Berkshire to Hampshire several years ago. Prior to moving, my FIL sold two motrbikes to the same person. Forms were sent to DVLA by post as required. No proof of postage was obtained.

Fast forward to 2012....

In early Sept, FIL received a letter entitled "Further Steps" addressed to him at his current address in Hampshire informing him that he has a fine of £280 to pay and that as he has failed to pay, notice is given that Any of the following may be done: issuance of a warrant of distress, registration of the account in the Register of Judgments, attachment of earnings, clamping, referral to court which may send him to prison, any other steps. Frightening stuff...especially when you hve no idea what this is about.

Calls were made and a second letter was issued giving him until early Oct to pay. After more calls, he was sent on a wild goose chase to several courthouses where he explained he had no idea what this was about. He was verbally told that there had been a court hearing in Reading in August, a finding in absentia. He signed a statutory declaration saying this was the first time he had heard any of this. He was told the fine would not be chased. He was verbally told it had to do with the sale of a HGV. My FIL has never ned a HGV.

Fast forward a few weeks...

Today Oct 19 he received a letter dated Oct 17 giving him 7 days to pay
The fine and Marston Group's fee. Today is Friday. Day 6 is Monday. Day 7 is Tuesday. My FIL does not even know what the alleged infraction is. He was verbally told court papers had gone to his Berkshire address (where he has not lived for three years).

We are guessing as to what the alleged facts are. What do we do?

My plan is to go on Mon to the Reading courthouse and get a copy of the court file to see what the allegation is. If it is about the bikes old years go, There should be no infraction as notice was given by post. But the immediate problem is how do we get the bailiffs off our back and get the magistrates court order (on which Marstons must be relying??) reversed? We can then deal with Interp Act etc (though I do not know procedure for that)

Any help urgently needed. Thanks!

[Magrew]

Re: DVLA --- failure to notify of new owner (I think)

It is very difficult to advise if even you don't know what the issue is. Your plan to go and view the court papers isn't a bad one but if you do find out the details then there are a few bods on here that can offer advice. Not me, but your thread title will attract the right characters.

There is one chap who I think will be particularly helpful, I will advise him of your thread.

[labman]

Re: DVLA --- failure to notify of new owner (I think)

Go armed with the knowledge from here:

http://www.legalbeagles.info/forums/...s-Courts-Fines

[miliitant]

Re: DVLA --- failure to notify of new owner (I think)

not my area but if you have done a statutory declaration then that should be the end of it

the courts need to inform the baliffs of this so i would chase it up

[bluebottle]

Re: DVLA --- failure to notify of new owner (I think)

Sounds very much to me like yet another of DVLA's spectacular foul-ups. You are right to challenge the matter. However, do make sure you have written authorisation from your father-in-law to make enquiries on his behalf, otherwise, the court at Reading might not play ball. From what you have posted, it is likely that your father-in-law will need to make a Statutory Declaration.

The Interpretation Act does apply to any V5Cs your father-in-law sent to DVLA in respect of the motorbikes. Experience has shown that, when challenged, DVLA will back down because they know the court will throw their case out - if it ever gets that far. I do know they back down when they get one of Miliitant's letters.

[Galahad]

Re: DVLA --- failure to notify of new owner (I think)

If it is DVLA related, and they claim they haven't received the V5C's back to them (the green section or the yellow traders section), politely tell them to get lost.

As far as the courts are concerned, putting them in a correctly addressed and stamped/franked envelope and putting into a post box is ALL you need to do, you have complied with the law and theres nothing they can do about it.

Sure, they put in a little caveat saying "if you don't get a confirmation letter from us within 4 weeks, contact us", but again, there is NO statutory requirement to do so.

Your job or FIL's responsibility is concluded once they are posted.

[CaththeConsumer]

Re: DVLA --- failure to notify of new owner (I think)

Thanks all!

I am worried because FIL signed the stat dec Sept 24th....yet Marstons letter was dated Oct 17 and arrived late Fri 19th and threatens bailiffs 7 days later fom 17th so Tuesday (day after tomorrow). (FIL had been told at cout house when he igned stat dec that this would end things.) I am so worried that the bailiffs will come Tuesday (even without right).

A family visit is planned to court house tomorrow in Berks to (a) get orig court file and (b) thanks to militant's email above, to press court to ensure bailiffs are stopped.

[bluebottle]

Re: DVLA --- failure to notify of new owner (I think)

It might be a good idea to speak directly to the Area HMCTS Enforcement Manager who covers the Reading area first thing tomorrow morning and ask them why Marstons are involved when your father-in-law has sworn a Statutory Declaration and was told that was the end of the matter. Someone has seriously messed-up somewhere. I am not saying that it will save you a trip to Reading, but it could kill Marstons' pig for them.

[Galahad]

Re: DVLA --- failure to notify of new owner (I think)

Any update on this one?

[bluebottle]

Re: DVLA --- failure to notify of new owner (I think)

Any update on this one?

Have sent PM to OP to update.

[CaththeConsumer]

Re: DVLA --- failure to notify of new owner (I think)

Hi all...

The war is not over but the first battle was one (although at significant cost).

My FIL took Mon off work to go to the courthouse to see his file. Guess what? No can do. They make you pay £60 and you have to wait for it to be sent by post. So costs incurred to date: £60 + 240 miles to three courthouses + two days off work + stress. Oh, and my time and yours.

FIL got the court to call bailiffs to hold them off. Meanwhile, Sun night I had drafted for him emails to DVLA (CEo + legal counsel) and another to Marston (chair, ceo, legal counsel). Both responded by 915am Mon morn that there had been an error. Dogs called off. Happy to share those email addresses.

We finally received the court file (£60) and it does refer to a HGV...and FIL has never owned one. However there is reference somewhere to a reg belonging to a bike he did sell and for which he did pos the slip to dvla . So dvla screwed up (hgv) but may now allege the transfer form for a bike was never sent in. We will have to make the usual case there. I haven't had time to review it yet so may have further questions.

I think my contribution to ths forum is in suggesting the email route when faced ith bailiffs...and the individual email addresses.

Thanks again for the. Advice nd support if this board.

[bluebottle]

Re: DVLA --- failure to notify of new owner (I think)

I would suggest you keep a running total of the costs you and your father-in-law have incurred as a result of this, add Litigant in Person costs of £18.00 per hour and hit DVLA with a claim for their ineptitude and incompetence. Don't worry if DVLA try to claim your father-in-law didn't send the V5C as that is easily dealt with.

When claiming from DVLA, claim the following for starters -

£60.00 fee to HMCTS for court file
Travel Costs to and from the courts visited
Loss of Salary (if your employers will not pay you)
Time @ £18.00 per hour

Hope this helps.

[Daisy-01]

Re: DVLA --- failure to notify of new owner (I think)

Hi, do you still know the rego numbers of the bikes in question. If they are claiming your dad owns them still I would be looking at the MOT and tax records online (which you can do ) and see if anyone has taken them in. this would work as some proof so to speak.


Secondly - Has your dad received any tax reminders for the bike? If not this leads me to believe the DVLA have screwed up again. We work within the automotive sector and the amount of V5's that go missing yet when we check the database the details have been updated it is a case of left hand not talking to right hand.


Good luck!