Marstons/Failure to notify DVLA

[Speakle]

Hi,

On 10th June 2011 I received a letter from Marstons advising me of a fine issued by HMCS (Thames Valley) for £525. After speaking to Marstons they told me it was for failure to notify DVLA of a change of keeper.

The vehicle in question was sold in March/April 2010 and I moved house shortly after. All the necessary documents were sent to DVLA.

I also called DVLA on 10th June 2011 and was told to write to the Enforcement Officer at DVLA Bournemouth which I did and sent Recorded Delivery. I also called Marstons to tell them I had done this and they advised they would note their records.

Then everything went quiet until today. Marstons Bailiffs visited my home but as I wasn't in they left a letter.

I tried calling DVLA again but got nowhere. I have also spoken to the Bailiff who visited and although he was polite he says DVLA never back down and the fine needs paying in full or I lose goods.

What can I do now? Obviously this is worrying the entire family as we do not have £525.

[Dukeydogg]

Re: Marstons/Failure to notify DVLA

Hi!

Im going through the same thing at the moment, although i havent got to your stage yet. Ive only received 2 bailiff letters and have sent my letters back.

Im calling the DVLA tomorrow, so hopefully will know things more then!

[Speakle]

Re: Marstons/Failure to notify DVLA

I was able to make a Statutory Decleration at the Magistrates Court so the fine has been wiped off for now. No more Bailiffs

[Caspar]

Re: Marstons/Failure to notify DVLA

I have found that the DVLA always back down if you write to them. Bailiffs - pah. £525 - that's some fees.

[CleverClogs]

Re: Marstons/Failure to notify DVLA

I have found that the DVLA always back down if you write to them. Bailiffs - pah. £525 - that's some fees.

If the "fine" has been cancelled, from whom will Marstons collect their outrageous fees?

[Caspar]

Re: Marstons/Failure to notify DVLA

Hi Speakle,

I'm out this morning, but back at lunchtime. Please try not to worry. I'll write a couple of letters for you and pm them to you later on today, one for the DVLA and one for Marstons.

In the meantime, if you could phone the DVLA and find out the amount of the Liability Order they obtained against you that would be great.

A bailiff's powers in this case are the same as in Council Tax, so make sure you don't under any circumstances let them into your house (lock the door, close downstairs windows as they can come through an unlocked door and climb through open windows with it still classing as legal entry). Also make sure there is nothing outside for them to levy on -ie- if your car is parked outside, move it a couple of streets away!

I'll pop back later - if you haven't heard by 3pm then send me a message as it means I've forgotten.

Please try not to worry, we'll get it sorted for you.

[Caspar]

Re: Marstons/Failure to notify DVLA

Just pm'd two letters to you. Hope they achieve something - let me know if there are any problems!

[CleverClogs]

Re: Marstons/Failure to notify DVLA

A bailiff's powers in this case are the same as in Council Tax, so make sure you don't under any circumstances let them into your house (lock the door, close downstairs windows as they can come through an unlocked door and climb through open windows with it still classing as legal entry).

Lock upstairs windows too, as the buggers may use a ladder.

[Caspar]

Re: Marstons/Failure to notify DVLA

Hi Speakle,

Sorry I had to put you off this morning. I've read the DVLA Complaints Procedure and the route you have been advised by them to take is not the route outlined in their policy - not your fault. I've therefore guessed at which step of the 4 step process your complaint best fits and have decided Step 3 which is writing to the CEO of the DVLA - he might pass it back down a step. In any case they say you will get a response to your letter within 10 days. Below is what I suggest you write - the personal details and vehicles are required by them in their policy.

Address
Date

Dear Mr Tse,

In accordance with your Complaints Procedure here are the requisite details:

My Full Name:
Date of Birth:
Vehicle Reg No:
Vehicle Make and Model:
Daytime Phone Number:

I write with some frustration having received much incorrect advice from the DVLA to date.

According to your records I failed to notify you of a Change of Keeper for the above vehicle. I did actually inform you, following the correct procedures in March/April 2010. Having done this I thought nothing further of the matter. Soon afterwards I moved house.

On dd/mm/yyyy (or as close as you can get) I received a letter from you informing me that I had received a fine for failure to notify of the Change of Keeper. I phoned the DVLA, and was advised to write to the Enforcement Officer at the DVLA, Bournemouth. I duly did this by recorded delivery, and I also called Marstons Bailiffs who, to my alarm, had been instructed to act on your behalf. Marstons advised they would note that I had written to your Enforcement Officer.

Since then I had heard nothing further regarding this issue, so reasonably assumed the letter to your Enforcement Officer had resolved the issue. At no stage was I advised of your Complaints Procedure, which I have stumbled across today searching the internet in desperation. More importantly I never received any letters or phone calls telling me that bailiffs were still instructed to collect this fine. Had I been informed of your Complaints Procedure things would never have got to this stage.

On Saturday 2nd July 2011 I returned home to find that a visit had been made to my house by Marstons Bailiffs. The bailiff had posted a letter through my door.

Again I contacted the DVLA who said they could do nothing about it. Once again I was not informed of the existence of your Complaints Policy. Obviously this letter caused me enormous distress and so I phoned the bailiff who had attended my property. He told me that the DVLA never back down, and that the fine needs paying or I will lose my goods.

I draw your attention to the National Standards for Enforcement Agents which state, "Enforcement Agents must not misrepresent their powers, qualifications, capacities, experience or ability."

I believe by stating the DVLA never back down he was misrepresenting facts.

I also draw your attention to the part which states, "Creditors have a responsibility to tell the debtor that if payment is not made within a specified period of time, action may be taken to enforce payment."

These are just two sections from one part of relevant legislation I have quoted from a raft of relevant legislation I could quote.

May I please remind you of your vicarious liability in this matter. The failures of the DVLA outlined above to inform me of correct complaint procedures, to notify me in writing of enforcement action possibly being taken, to pass me from one department to another without any attempt to resolve my issue, not to mention the failure of your appointed bailiffs to abide by their own guidelines amount to a serious complaint.

In addition to all the above, the bailiff's letter tells me the fine now stands at a staggering £525.00; this is a fine for an offence I did not commit and about which I have received no correspondence. I have sought advice, and find it very difficult to see how this figure was arrived at. I shall, of course, be asking for a written breakdown of the fees from your enforcement agents, and checking the legitimacy of each and every itemised charge. Should there be any unfair charges listed, I again remind you of your vicarious liability in this matter.

I would ask please that while you investigate this complaint, and apologies for having to guess at which step of your procedure best to target it, all enforcement action be suspended.

Furthermore, following the multiple failures of your organisation and of your appointed enforcement agents, along with the fact that I know I wrote and informed you of the change of keeper prior to moving house, I would suggest a fair resolution would be for this matter to be closed with no further action.

I look forward to written confirmation that this is the case,

Yours sincerely,

Sign


Print Name

Make sure you keep a copy! Send to Mr Tse, CEO, DVLA, Swansea. SA6 7JL



To Marstons Bailiffs

Dear Sir,

Your Ref: xxxxxxxxx

I am writing with regard to the above account. Please be advised that I have today escalated my complaint about this fine to the Chief Executive Officer of the DVLA, Mr Simon Tse. I have asked that all enforcement action be suspended pending investigation of my complaint, so please be advised that further action by your bailiffs will be viewed as harassment while the complaint is investigated.

I also write to ask for a detailed breakdown of all fees applied by yourselves to this account, including the time and date on which they were applied, the name of the bailiff attending and the court in which the bailiff was certificated.

Please note this is not a Subject Access Request, so carries no fee. It is a simple request for a detailed breakdown of fees which you are required by law to provide following a written request.

I look forward to receiving the requested information at your earliest convenience.

Yours faithfully,

Sign over red crosses (-ie- XXXXXXXXXXXXXXXXXXXX) with your signature on top, to stop them lifting it to use in other documents.

Print Name


I hope this gives you a way forward, and anything else I can do, give me a shout.

Caspar

Read more at: Legal Beagles Consumer Forum - Re: Letters as promised!

[CleverClogs]

Re: Marstons/Failure to notify DVLA

Sign over red crosses (-ie- XXXXXXXXXXXXXXXXXXXX) with your signature on top, to stop them lifting it to use in other documents.

How does that prevent forgery?

Wouldn't a handwriting font be a better idea so that, should they try to use that "signature", their forgery can be proven?

[Caspar]

Re: Marstons/Failure to notify DVLA

True, but given the obvious distress of the OP I'm trying to minimise any risk of them not accepting due to lack of signature. She really could do without that at the moment.

Putting the red XXXXXXXX makes it harder to lift a signature.

[CleverClogs]

Re: Marstons/Failure to notify DVLA

Putting the red XXXXXXXX makes it harder to lift a signature.

Until, using Paintshop or Photoshop Pro, one removes any red marks from the signature. Were one using a camera rather than a scanner, one should just put a red filter in front of the lens.

It might slow one down by a minute or two at the very most.

[Caspar]

Re: Marstons/Failure to notify DVLA

CC, with respect, and you know I appreciate your posts as I've told you as much, I claimed it would make things harder, not impossible.

Also I took the trouble to spend a fair amount of time writing the letter - if you want to produce a better version, please feel free.

It is always easier to pick criticism in things than act on them in the first place!

[CleverClogs]

Re: Marstons/Failure to notify DVLA

I've no quibble with that letter.