VED fine advice

Author
Discussion

terry237

Original Poster:

75 posts

121 months

Friday 29th May 2015
quotequote all
Right where to start...

I finished uni in june last year and moved out of my uni house in the September. Like n idiot I forgot to change the address on my V5 straight away. As a result I didn't receive a VED reminder (I know its my own fault for not remembering) and the tax expired. The car got clamped. I paid the fine to remove the clamp, renewed my VED and changed the address on the V5 to the correct address. This all happened in December 2014. I thought that was the end of it.

Today after work I get a message from the new tenants of my old house informing me a bailiff had been around and I owed £638.34. They were out when the bailiff called round but they opened a letter addressed to me. I got the as soon as I could after work and it turns out there were a few more letters dating back to March.

I rang the bailiff immediately and explained the situation. He was a really nice guy and informed me there was nothing he could do and i needed to talk to the Magistrates Court. He also said that this all originates from an £80 fine for the expired VED. The Court closes at 5pm so I can'tget through to them until Monday.

So I am asking for advice.

Do I have any chance of fighting this?

I received none of the letters requesting payment of the fine from the Courts but as far as I am aware I paid all fines owed. I paid the £80 fine to the DVLA for the VED expiring and I paid the fine to the clamping company to get the clamp removed. I was unaware of any other fines.

What can I do next?

I know it's my own fault for the initial fine and clamping but I don't understand how it has escalated to this level.

All advice is welcome

terry237

Original Poster:

75 posts

121 months

Friday 29th May 2015
quotequote all
The thing is the letters I have go back to March but they refer to earlier letters (no dates), I guess the tenants just chucked them in the bin.

According to the bailiff the clamping fine was not part of the fine for late VED. But I did pay another £80 fine to the DVLA when renewing the VED. And I think it is this £80 fine which is causing the issue. They appear to think I did not pay it and costs have escalated to the £600+ level due to me being unaware of what was going on!

terry237

Original Poster:

75 posts

121 months

Friday 29th May 2015
quotequote all
I don't think it is outstanding VED as I when I sorted it out in December on the phone I asked were there anymore charges and was told no.

terry237

Original Poster:

75 posts

121 months

Friday 29th May 2015
quotequote all
I don't think it is outstanding VED as I when I sorted it out in December on the phone I asked were there anymore charges and was told no.

terry237

Original Poster:

75 posts

121 months

Saturday 30th May 2015
quotequote all
Yes I should have proof but I need to get a bank statement that goes back that far, I can only see the past 6 months through online banking. But I received no other written proof of the fine, should I have?

terry237

Original Poster:

75 posts

121 months

Saturday 30th May 2015
quotequote all
As far as I am/was aware that was the full amount but obviously I will check with the DVLA.

If it turns out there was an additional charge I didn't know about I guess there's nothing I can do, or should Ibe able to get the amount owed reduced due to not being aware of what was going on?

I am 100% certain that I paid all fines I knew about but I'm just trying to work out my options.

terry237

Original Poster:

75 posts

121 months

Saturday 30th May 2015
quotequote all
Cyberprog said:
Did you update your address at that point also?
Yes I updated my address and V5 at the same time but they still sent all letters to my old address for some reason.

I have looked back through my bank statement and it appears they never took the £80 even though I authorized them to do so over the phone at the same time as taxing the car and paying the outstanding tax. I am an idiot for not checking they took the money at the time I know but is there anything I can do now?

I will happily pay the £80 that is owed and i would have at the time if they sent the letters to the correct address. But because I was unaware of all of the letters is there some way I can get the extra costs written off?

A lesson has definitely been learnt here.

terry237

Original Poster:

75 posts

121 months

Saturday 30th May 2015
quotequote all
I have letters from a debt collector, both referring to previous letters which I do not have (guessing the new tenant threw them away) claiming I owe £80 for 'Late Licence Penalty'

I then have a letter from the Magistrates Court dated in between the 2 letters form the debt collector, stating i now owe £328.34. All of these letters are from the end of March.

I then have a letter from a High Court Enforcement Officer dated 29th May (yesterday) that I owe the £638.34 previously mentioned.

I know it is my fault in the first place but I would have paid the fine straight away if i knew about it. Surely the extra costs are the DVLA's fault for giving them my the correct address?

terry237

Original Poster:

75 posts

121 months

Monday 1st June 2015
quotequote all
Thanks all for the advice so far.

A bit of an update:

I rang the DVLA and they were utter useless. The only repeated response I got was to send a letter to one of their departments and it will take 4 to 6 weeks to get a reply!

I have spoken to the general Magistrate Court enforcement enquires. They have advised I should complete a Stat. Dec. from since I received no correspondence and was unaware of the court case. This will set a new court date which I can attend to defend my case.

Is it worth it? Will end up paying more in costs than the sum they say I owe? If I lose the case (even though I shouldn't) will I end up owing even more?

They also said to do this I need to speak to my local Magistrate Court (Brighton) I have attempted to call them over 20 times, either getting a message saying no one available to take the call or left ringing with no answer (for a number of minutes!!!!). They also close at 4:30pm so I can't call them/go talk to them after work. Useless!

I also (maybe stupidly?) rang up the original debt collector for the DVLA. The guy from the company was trying to get me to pay the original £80 fine. He was stating that the company do not go through the court/bailiff route (despite threatening removal of goods in the final letter). I didn't pay.

Is he just trying to get money out of me or will I have to end up paying that company too?

He goes on to say that the DVLA also do not go down the court/bailiff route as they use his company to collect all debts. And if I pay the bailiff I will still owe his company/DVLA money. So why does the letter from the Magistrates say the fine is for Late Vehicle Licence Penalty?

I am in a bit of mess at the moment with this on top of some personal and work related stuff and unsure what to do. I really do not need the additional stress of a court appearance on top of it all.

I know the next step is to speak to my local Magistrate and find out exactly what is going on and I will keep trying to contact them. But what would you guys do?

terry237

Original Poster:

75 posts

121 months

Monday 1st June 2015
quotequote all
I feel I would be fighting a losing battle and may end up worse off than I am now. I will wait until I have spoken to the local Magistrates but if I were to pay the bailiff that would surely settle all payment, no?

It's just that the debt collectors seemed adamant that even if I pay the bailiff I would still owe them money. That can't be right can it?

Unfortunately I can't get any time off. I am going on holiday next week and have a lot of client project work I need to finish before I go. Let's hope they answer the phone to me tomorrow