Legal advice required - Breadvan72???
Discussion
Posting on behalf of a friend who i told to sign up here but they cant post because PH has closed down new postings due to a spam attack! So.... here in his own words is the dilemma my friend faces. Any serious advice gratefully received.
"Dear all,
Apparently i am a criminal now! I desperately need advise ... here is my situation (long text as i am writing a complete recollection of what happened):
On Saturday 24 October 2015 i received a letter through the box from Collection and Compliance Titled "Further Steps notice"
In essence it says that since i have failed to make payments as directed following steps will be taken ... a few lines of VERY scary stuff. Afte rthat they give me 10 days to pay 800 pounds or the scary stuff will start to happen.
Now this comes as a complete shock i had NO idea what this is about. On Monday i called them and they told me that there has been a court case against me and they have been ordered to collect this money by the court. I have never been aware there is a court case to begin with. They put the collection on hold for 28 days and gave me case reference number.
On Monday 26 October 2015 i went to Levender Hill court to check what is this all about. I was told the following that the current case against me is for failure to provide information to the DVLA related to traffic violation or accident in addition to that for failure to show up in court and a fe wother failures related to the fact i never got anything. I asked what adress all of this was sent out and they gave my old address. They said that one of the notices were sent september. After talking with a friend he said i should check my V5C i just did that and it is on the new address. I checked the dat eof the document and it is 29 04 15. This should mean april, if they sent the stuff in September no idea why they were trying my old address. I also checked my driving license and it is on the new address since April as well.
I made a Statuory statement .. or something like that not sure what it was named, that said i never received anything and the first time i becase aware of this issue was Saturday 24-th. They took my details and scheduled a court date for 10-th of November.
I still have nothing thorugh the post and i still do not know what the original offense is. All they said that the current case is for failure to provide information which carries 6 points and 660 pounds fine the rest is fines for not showing up and not paying when asked first time around.
This is as much as i can say right now and as much as i remember. I am completely lost. Never been involved in accidents, i have one speeing ticket in my entire life from 5 years ago and it never went on my record as i took the speed awareness course. Neither have i ever had problems with the police ... so you can imagine how scary this all feels right now.
Any advice is very welcome, initially i thought of just going to the court and being honest but i was advised by friends and also someone sort of related to law that i should not do that and i defenitely need advise especially since its has gotten to the court and one needs to know what and how to say ... so here i am."
"Dear all,
Apparently i am a criminal now! I desperately need advise ... here is my situation (long text as i am writing a complete recollection of what happened):
On Saturday 24 October 2015 i received a letter through the box from Collection and Compliance Titled "Further Steps notice"
In essence it says that since i have failed to make payments as directed following steps will be taken ... a few lines of VERY scary stuff. Afte rthat they give me 10 days to pay 800 pounds or the scary stuff will start to happen.
Now this comes as a complete shock i had NO idea what this is about. On Monday i called them and they told me that there has been a court case against me and they have been ordered to collect this money by the court. I have never been aware there is a court case to begin with. They put the collection on hold for 28 days and gave me case reference number.
On Monday 26 October 2015 i went to Levender Hill court to check what is this all about. I was told the following that the current case against me is for failure to provide information to the DVLA related to traffic violation or accident in addition to that for failure to show up in court and a fe wother failures related to the fact i never got anything. I asked what adress all of this was sent out and they gave my old address. They said that one of the notices were sent september. After talking with a friend he said i should check my V5C i just did that and it is on the new address. I checked the dat eof the document and it is 29 04 15. This should mean april, if they sent the stuff in September no idea why they were trying my old address. I also checked my driving license and it is on the new address since April as well.
I made a Statuory statement .. or something like that not sure what it was named, that said i never received anything and the first time i becase aware of this issue was Saturday 24-th. They took my details and scheduled a court date for 10-th of November.
I still have nothing thorugh the post and i still do not know what the original offense is. All they said that the current case is for failure to provide information which carries 6 points and 660 pounds fine the rest is fines for not showing up and not paying when asked first time around.
This is as much as i can say right now and as much as i remember. I am completely lost. Never been involved in accidents, i have one speeing ticket in my entire life from 5 years ago and it never went on my record as i took the speed awareness course. Neither have i ever had problems with the police ... so you can imagine how scary this all feels right now.
Any advice is very welcome, initially i thought of just going to the court and being honest but i was advised by friends and also someone sort of related to law that i should not do that and i defenitely need advise especially since its has gotten to the court and one needs to know what and how to say ... so here i am."
wasn't the other thread a fault of the OP.
if what the information is advised, the DVLA has incorrect information on there system, when the ops friend has proof, then surely it is a matter on common sense and contact the DVLA at first point of call.
Your friend is not a criminal it is a civil matter for the debt, the other stuff I don't know.
if what the information is advised, the DVLA has incorrect information on there system, when the ops friend has proof, then surely it is a matter on common sense and contact the DVLA at first point of call.
Your friend is not a criminal it is a civil matter for the debt, the other stuff I don't know.
The Spruce goose said:
wasn't the other thread a fault of the OP.
if what the information is advised, the DVLA has incorrect information on there system, when the ops friend has proof, then surely it is a matter on common sense and contact the DVLA at first point of call.
Your friend is not a criminal it is a civil matter for the debt, the other stuff I don't know.
This is what I would have thought. I know he isnt a criminal but i didnt want to put him out of his misery just yet if what the information is advised, the DVLA has incorrect information on there system, when the ops friend has proof, then surely it is a matter on common sense and contact the DVLA at first point of call.
Your friend is not a criminal it is a civil matter for the debt, the other stuff I don't know.
craigjm said:
The Spruce goose said:
wasn't the other thread a fault of the OP.
if what the information is advised, the DVLA has incorrect information on there system, when the ops friend has proof, then surely it is a matter on common sense and contact the DVLA at first point of call.
Your friend is not a criminal it is a civil matter for the debt, the other stuff I don't know.
This is what I would have thought. I know he isnt a criminal but i didnt want to put him out of his misery just yet if what the information is advised, the DVLA has incorrect information on there system, when the ops friend has proof, then surely it is a matter on common sense and contact the DVLA at first point of call.
Your friend is not a criminal it is a civil matter for the debt, the other stuff I don't know.
To clarify I'm an interested poster not an expert in the area....
Sprucegoose - can you confirm your position to help the OP judge....
Sushifiend said:
craigjm said:
Apparently i am a criminal now! I desperately need advise ...
You might not have much luck getting Breadvan on board unless you edit your post to correct the above. He is probably as annoyed by 'advise' as he is by 'license'.Don't shoot the messenger!
surveyor said:
Sprucegoose - can you confirm your position to help the OP judge....
Not sure what you mean but you don't have to be a lawyer to offer common sense advice. The ops friend has a number of avenues open to him/her. Contact the DVLA, contact the citizens advice, Google the net. Asking on here for BV may work but why not just PM him.
Most matters can be solved before a solicitor or lawyer is needed. At the end of the day we are taking about a fine, there is no warrant for the OP'S friend (well not what we know.)
I know that you are trying to help your friend out, but I don't think asking on an internet forum is doing any one any good. Most of the time you end up with a cacophony of opinions, the majority from individuals without legal background, and subsequently offer very little in the way of valuable advice. We have trained professionals (called lawyers) who can issue insured advice in exchange for money - I urge you to use their service.
I hope your friend manages to get everything sorted.
I hope your friend manages to get everything sorted.
This really is advice based upon Chinese Whispers, with respect:
A few years back I was contacted by the DVLA saying my licence was being revoked for not surrendering it at court...
...except I'd never been to court, nor had I committed an offence. A scammer had nominated me using my stolen licence details, and told the police that I'd moved - hence I'd not got the summons.
I did a Stat. Dec. That nullified everything.
Then again - I'd not moved house. As a recent thread pointed out - if you move house and don't immediately notify the DVLA then they'll post to the old address.
A few years back I was contacted by the DVLA saying my licence was being revoked for not surrendering it at court...
...except I'd never been to court, nor had I committed an offence. A scammer had nominated me using my stolen licence details, and told the police that I'd moved - hence I'd not got the summons.
I did a Stat. Dec. That nullified everything.
Then again - I'd not moved house. As a recent thread pointed out - if you move house and don't immediately notify the DVLA then they'll post to the old address.
Edited by JustinP1 on Wednesday 28th October 23:34
JustinP1 said:
This really is advice based upon Chinese Whispers, with respect:
A few years back I was contacted by the DVLA saying my licence was being revoked for not surrendering it at court...
...except I'd never been to court, nor had I committed an offence. A scammer had nominated me using my stolen licence details, and told the police that I'd moved - hence I'd not got the summons.
I did a Stat. Dec. That nullified everything.
Then again - I'd not moved house. As a recent thread pointed out - if you move house and don't immediately notify the DVLA then they'll post to the old address.
And a Royal Mail redirect will forward it.A few years back I was contacted by the DVLA saying my licence was being revoked for not surrendering it at court...
...except I'd never been to court, nor had I committed an offence. A scammer had nominated me using my stolen licence details, and told the police that I'd moved - hence I'd not got the summons.
I did a Stat. Dec. That nullified everything.
Then again - I'd not moved house. As a recent thread pointed out - if you move house and don't immediately notify the DVLA then they'll post to the old address.
Edited by JustinP1 on Wednesday 28th October 23:34
Cue hollow laughter - but being able to evidence this redirect will be priceless
(and 
).aw51 121565 said:
JustinP1 said:
This really is advice based upon Chinese Whispers, with respect:
A few years back I was contacted by the DVLA saying my licence was being revoked for not surrendering it at court...
...except I'd never been to court, nor had I committed an offence. A scammer had nominated me using my stolen licence details, and told the police that I'd moved - hence I'd not got the summons.
I did a Stat. Dec. That nullified everything.
Then again - I'd not moved house. As a recent thread pointed out - if you move house and don't immediately notify the DVLA then they'll post to the old address.
And a Royal Mail redirect will forward it.A few years back I was contacted by the DVLA saying my licence was being revoked for not surrendering it at court...
...except I'd never been to court, nor had I committed an offence. A scammer had nominated me using my stolen licence details, and told the police that I'd moved - hence I'd not got the summons.
I did a Stat. Dec. That nullified everything.
Then again - I'd not moved house. As a recent thread pointed out - if you move house and don't immediately notify the DVLA then they'll post to the old address.
Edited by JustinP1 on Wednesday 28th October 23:34
Cue hollow laughter - but being able to evidence this redirect will be priceless
(and ).If your friend has completed a Stat.Dec and the conviction has been set aside was he not offered the chance to have the case heard on the same day?
This is usually the case in my experience and if it is all as you have stated then I would be happy in the first instance in taking the help offered by the court Legal Advisor and putting the facts to a new Bench?
I realise on here that most people thing that Magistrates are ill-advised Dinosaurs but I like to think it could have been dealt with quickly and easily same day.
This is usually the case in my experience and if it is all as you have stated then I would be happy in the first instance in taking the help offered by the court Legal Advisor and putting the facts to a new Bench?
I realise on here that most people thing that Magistrates are ill-advised Dinosaurs but I like to think it could have been dealt with quickly and easily same day.
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