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Marstons court fine for no road tax
Hi since finding this great forum I've become a lot more aware of the tactics the bailiff company's use to basically extort money from you, so have been going over my old encounters to see if they was ways to claim back unjust fees, I've sent off a fee breakdown request to a 2 in particular and am waiting to see what comes back, one is for a pcn which was I'm 99% sure was on an out of date warrant will be posting about this one once their breakdown turns up, the one I'm after a little advice is about a no road tax fine, the car was registered to an old address and all corospondance a out the matter went there (long story short forgot to change address after move) so first I knew was bailiff turning up on door at new address, I paid up over a few instalments but am sure I was overcharged in fees with hindsight but my main question is if the warrant has my old address on it would that void their charges? And if so can I make a claim for everything over the actual fine?
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Re: Marstons court fine for no road tax
Any payment you have made will be classed as voluntary so all you can actually look at will be the Bailiffs fees to see if they overcharged on those. How long ago are we are talking? -
Re: Marstons court fine for no road tax
About this time last year, im happy to pay the court fine as I dont contest that at all as it was my fault that I didnt update the logbook details or remember to sorn it, so have no issue there, what I would like to do is get back as much of the 'fees' as possible as the bailiff at the time harrassed my wife while I was at work and was a right horrible bugger and im near certain that 'extra' fees over and above stature fees where applied and if it was the case of the warrant having the old address on it wouldnt that invalidate their fees? as they should of gone back to the court and got the warrant updated with the new address on but from what ive read on these forums they dont do that in the hope you dont know about that fact, so in that case would even their 'legitimate' fees of £85+£215 be reclaimable? as they shouldnt have enforced a warrant with an old address on it so havent enforced legally even if I did pay voluntarily.Originally posted by ploddertom View PostComment
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Re: Marstons court fine for no road tax
Where did the bailiffs visit, your new property or the old property?Comment
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Re: Marstons court fine for no road tax
New property, all corrosion dance must of gone to the old address after we stopped the mail redirect a couple months after moving out, the rude bailiff demanding a grand payment there and then was the first we knew of it.Originally posted by labman View PostComment
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Re: Marstons court fine for no road tax
This one will be as Ploddertom said above. The warrant does not have to have an address on it (see 52.7 of the attachment), however the collection order (previously called a Further Steps Notice) must have been served on you.Originally posted by paul floorlayer View Post
As it is your duty to inform the DVLA of a change in Registered Keeper and you had failed to do so, they would claim to have served it to your address. I think you would have problems challenging that, though your rights are covered in the attachment.
Come back with any questions. :beagle:Comment
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Re: Marstons court fine for no road tax
Ok that simplifys thing for me, basically I can challenge any charges over the prescribed fees set in law ie £85+£215, if I do a sar request and it turns out a further steps notice wasn't issued (remote I know) only then could I go after all of the bailiff fees, as that is a legal requirement before further action is taken.Comment
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Re: Marstons court fine for no road tax
Remember to SAR the court re the FSN (if you can SAR a court?) You should just be able to phone or email and ask if one was sent out and when. Explain about the wrong address and see if you can get anywhere. If you don't ask .........
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