Payment Plan refused??

[Monzter]

I am asking on behalf of a friend.
She has a fine from the DVLA regarding not declaring the car as no longer on the road (car scrapped).

The account was passed to a bailiff company and my friend offered them payments that will clear the debt in 4 months - genuinely can't afford more than is being offered.

Trouble is bailiffs have written back stating that due to their clients strict timescales on this matter they cannot accept the payment and the full balance must be paid within 7 days or a bailiff may call incurring extra fees, yada yada yada.

To me it seems they are refusing to set up the plan so that they can add a whole host of charges - I have suspicions that a bailiff will visit, fees will be added and then the payment plan will miraculously be accepted.

I have said she should contact the DVLA and explain that she has tried to set up payment with the bailiffs but they have refused and why and ask them to take the payments instead and call the bailiffs off. I also said if whoever she speaks to initially refuses to deal with her keep asking to speak to someone higher.

I've gleaned this from reading around on here but is there anything else or something I have missed or got wrong here?

Going to ring DVLA Monday morning.

Thank you

[labman]

Re: Payment Plan refused??

How long ago did they scrap the car? Did the scrap yard/ vehicle dismantlers not inform the DVLA on the spot? They normally do.

[Turboman]

Re: Payment Plan refused??

How long ago did they scrap the car? Did the scrap yard/ vehicle dismantlers not inform the DVLA on the spot? They normally do.

Two scenarios here

• If selling or transferring vehicle to a motor trader,insurer or dismantler----It is not up to the dismantlers to inform the DVLA--it is up to the Keeper to complete section 9 on form V5C/3 (logbook) with the address of the dismantler and get his signature ---and for the keeper to send it to the DVLA
• If you took your vehicle yourself to an Authorised Treatment Facility (ATF)-they should issue you with a Certificate of Destruction (CoD) which should be sent to the DVLA

In both cases----the onus is on the Keeper

[labman]

Re: Payment Plan refused??

I agree 100% with you Turbo, but I've scrapped five cars in three different places in the past two years (only one of them mine!) and each one put the relevant bit of the logbook into an envelope, put a stamp on it and said they'd send it. True to their word, they did.

You are, however, totally correct that the onus is always on the keeper to make sure it is done.

[Turboman]

Re: Payment Plan refused??

And why do I know such obscure facts

Well my Rover 75 has this minute left my drive (scrapped)--I had no antifreeze in last Dec and engine knackered-you may remember me anf PF talking about cylinder head gaskets last Dec

£200 to the Xmas Fund:cancan:

[labman]

Re: Payment Plan refused??

..... and since posting this morning, just popped down to the shops and my clutch has gone. No money to buy another this side of Christmas, so we're nicely screwed lol. The walking will do me good (until something breaks and they take me to the scrapyard):beagle:

[Monzter]

Re: Payment Plan refused??

How long ago did they scrap the car? Did the scrap yard/ vehicle dismantlers not inform the DVLA on the spot? They normally do.

It was about a year ago labman if memory serves will double check with concerned later, and no I'm presuming not as she received this fine. Please forgive my ignorance on this a bit - I don't drive so I don't know the legal obligations etc of a car owner

Thanks though x

[labman]

Re: Payment Plan refused??

I would not condone lying, but if, perhaps, she has forgotten that she sent notification, she could write to DVLA saying so.

Apparently about 70% of people who do this are let off their fines.

[tortoise]

Re: Payment Plan refused??

One can never condone lying - terribly incorrect and is the short end of the wedge to more serious things. You amrk my words young fellow.

[Monzter]

Re: Payment Plan refused??

OK I have more info now............

The car was scrapped around April time however my friend did not notify the DVLA. When the cars tax was due, and the car wasn't taxed, she received a fine for late licensing (? I'm sure that's what she said but you hopefully know what I mean?) The fine was unpaid and has ended up with Philips bailiffs. The fine is £80.00. My friend recently offered Philips £20.00 a month - she is a single parent on benefits and has other priority debts. The DVLA are now aware of the car being scrapped. Philips have refused and said that due to their clients strict payment schedules payment must be received in 7 days, which will be Wed from the date on the letter.

"To me it seems they are refusing to set up the plan so that they can add a whole host of charges - I have suspicions that a bailiff will visit, fees will be added and then the payment plan will miraculously be accepted.

I have said she should contact the DVLA and explain that she has tried to set up payment with the bailiffs but they have refused and why and ask them to take the payments instead and call the bailiffs off. I also said if whoever she speaks to initially refuses to deal with her keep asking to speak to someone higher.

I've gleaned this from reading around on here but is there anything else or something I have missed or got wrong here?

Going to ring DVLA Monday morning."

That is was I originally posted Thanks everyone

[labman]

Re: Payment Plan refused??

If the DVLA do nothing, she should write to the 'fines officer' stating why the decision should be varied and what the terms of any new order should be.

Obviously it is essential she shows good reason why seizure of goods should not be used (Easy in her case) and to make a good, sensible and affordable repayment proposal at the same time.

Given the time schedule, probably worth splashing out on guaranteed next day delivery or at minimum recorded delivery.

[Monzter]

Re: Payment Plan refused??

Thanks labman will keep you updated

[Guest]

Re: Payment Plan refused??

Going to ring DVLA Monday morning.

and get the address for the complaints team, then start the formal complaints procedure.

[DVLA]
[NAME OF DVLA COMPLAINTS TEAM]
[ADDRESS & POSTCODE]

[DATE]

Dear sir.

FORMAL COMPLAINT

BY POST AND BY EMAIL

Re: Vehicle [MAKE AND REGISTRATION] fine [AMOUNT]

I was fined by the DVLA on [DATE] for failure to notify the above-mentioned vehicle had been scrapped.

I make this formal complaint because I received a bailiff who said he is enforcement contractor on [DATE] collecting the aforementioned fine and demanded an additional sum of [AMOUNT] and the contractor said he would increase the amount due if I failed to pay according to a deadline.

I offered to pay the fine in affordable installments, but it was refused by the contractor.

As I do not have access to this kind of money, or have chattels available for sale, I offer to pay the fine amount in instalments of [AMOUNT] per month starting on [DATE] and the first instalment is enclosed

Details of complaint

1. The contractor sought to charge me fees, when no regulations provide for it and no Order for Costs was produced.
2. The contractor refused a reasonal opportunity to pay in order to secure further financial transaction in addition to the fine.

To resolve this complaint:

1. Return the case to DVLA administration
2. Provide a source to the regulation the enforcement contractor relied on to set a deadline.
3. Provide a copy of the Costs Order, or statute that makes me liable for the fees of the enforcement officer payable addition to the fine.
4. Investigate why the enforcement contractor sought to obtain an unlawful money transfer
5. Do the necessary work to ensure the person responsible for over charging me, is made accountable under both, civil law and criminal law and the investigation is made objectively and professionally.
6. Pay compensation according to the scale set by the DVLA.

If you are unable, or unwilling to resolve this complaint in full, please mark your response letter with the words FINAL RESOLUTION and I will ask the Parliamentary Ombudsman to intervene.

Yours Sincerely.

[NAME]
Encs. copy of bailiffs document.
Cheque for 1st Instalment.

[Monzter]

Re: Payment Plan refused??

Thanks for your replies - I was asking this on behalf of a friend. She is wading through quite a few other issues at the moment but as far as I am aware she hasn't contacted either the DVLA or the bailiff firm again since the refusal of the payments and the bailiffs haven't been in touch/round yet. If I hear anything I will update she knows I put it on here she doesn't have net access but I told her how great you guys had been with me and she asked me to ask.

[bluebottle]

Re: Payment Plan refused??

Did your friend get the dismantler to sign and date the box in part 9 of the V5C for the vehicle (coloured yellow)?

Both registered owner/keeper and dismantler are required to complete this part of the V5C and the registered owner/keeper is required to return it to DVLA. The Certificate of Destruction (COD) issued by the dismantler is proof that the vehicle has been destroyed.

If your friend returned Part 9 of the V5C to DVLA, then this has all the hallmarks of yet another DVLA cock-up, in which case, the fine may well be illegal and the bailiffs are acting illegally also.

Go onto YouTube and watch the WATCHDOG videos showing the CEO of DVLA attempting to fob off Anne Robinson that DVLA isn't to blame for some serious blunders that have resulted in motorists suffering financial loss.

Tell your friend to deal with this as a matter of urgency. If she has returned Part 9 of the V5C, DVLA are at fault, not her.