Court case it wasn't me.

[Tisme1]

I recieved a letter today from a collection agency. It is a court order that gives enforcement agents the power to collect. This is the first letter I have received ever. It also says I have not responded to previous letter. ( I have not received any as I would have responded). I have spend the best part of a day sorting this mess out. I telephoned the collection agency's to what it was regards. The jist of it is there was a court hearing at magistrates court at the other end of the country in 2019 for driving with no insurance on the roads in 2019.* I sold the vehicle in question nearly 4 years ago. I have now to produce proof of this which I am doing . However my question is that I recieved no letters prior to this one and was not aware of any of this until today. Also its actually been to magistrates court. Is this legal on their part. Surely they would have to check with DVLA ? And write before court ? And will my name be blackened by their mistake? Any help appreciated.*

[lgfa92]

Also its actually been to magistrates court. Is this legal on their part.

Perfectly legal. All paperwork would be sent to the DVLA address or any more recent address known. The police and the court would both have sent out paperwork.

Make an appointment at your local court to make a statutory declaration and ask for the conviction to be vacated. This will reset the process and the situation will be looked at again from the beginning.

And will my name be blackened by their mistake?

That depends - if it was you (rather than just someone with the same name) then you currently have a criminal record.

*

[Tisme1]

Thanks for your response how do I make an appointment at the courts for a statutory declaration.* Is this a court hearing. I will need to do this as I doubt that the person has the same name as me. Also if the DVLA were informed then they should have surely known the vehicle had changed ownership years ago. ?

[lgfa92]

Thanks for your response how do I make an appointment at the courts for a statutory declaration. Is this a court hearing. I will need to do this as I doubt that the person has the same name as me.

You need to call the local court and ask them to make an appointment for the statutory declaration.

Also if the DVLA were informed then they should have surely known the vehicle had changed ownership years ago. ?

You'd think so but I've seen plenty of similar cases in the court room where the records have not been updated by the DVLA,even where people have stated they were informed.

[Tisme1]

I have just telephoned the courts as I've got no paper with regards to this fine. I have found out it was not the vehicle that I was originally told. But two other vehicles that I owned. I was ill and have not drove since my illness. Ironically I'm checking these two vehicles and the courts have given different dates now ? This means my husband was driving them. I'm not taking the blame for him. Can I do a statutory declaration to say he was the driver not even though they were my vehicles. He will attend the hearing.

[lgfa92]

Make the Stat Dec on the basis you were unaware of the action - this will then restart the action and you can then argue any issues from then..

Craig