Received a court letter - advice?
Discussion
Im not sure I really want to post all this here, but I think I will get some good advice so thats whats made me chose to do so.
I just got home and ive got a letter from court about outstanding amounts of 893.32.
Now im very good with money, and I know I dont owe anyone so im shitting it and wondering if this is some kind of scam. So I phone up and get some info:
Apparently im being done for 2 offences of failing to surrender a vehicle license disk. Im told this relates to a bounced cheque from December 2002. Well I know its not mine, I dont do bounced cheques.
Whats happened is its my dodgy dad who was supposed to get the tax (some time in mid 2002) has used a bounced cheque. I asked if they had record of the cheque so that they could see it wasnt mine. They didnt there and then but as I worked in a bank im pretty sure they will have this if they need to produce it.
Now the thing is, even if I can prove its not me that hasnt paid the vehicle registrations being in my name means they arnt going to care (I was pretty much told this). Its my problem and I owe the money.
To make matters worse, only one of the cars was even mine the other one was my dads car. Being my old car he obviously didnt re-register it. Again im not going to be able to prove this at all so im going to be stuck on both of them.
Im pretty upset really. I dont know what to do.
Theres a bayliff warrant being issued on the 29th if I cant pay by then, when we all know what happens not to mention the extra bayliff costs which could be stupid.
I can get a court hearing on the 23rd to try and do something but in light of the above I dont think theres much I can do? The 900 odd quid is composed of about 300 quids worth of road tax backdate and then fines for not having road tax. Maybe I could go and explain this is the first Ive heard of the case and try to just pay the backdated road tax and ask for the fine to be dropped as I wasnt aware? If I could prove that I didnt make the bad payment this might help this matter, but something gives me the feeling they wont care much about that and a fines a fine?
I dont know what I can do, the only thing I can think of is to go over to my dads later and demand 900 quid. I know I wont get it, and its an uncomfortable situation to put myself in. I havnt really spoken to him since writing off a few hundred quid he managed to rip me off for last year...
Hmmm
Any advice appreciated.
Thanks
Lee
I just got home and ive got a letter from court about outstanding amounts of 893.32.
Now im very good with money, and I know I dont owe anyone so im shitting it and wondering if this is some kind of scam. So I phone up and get some info:
Apparently im being done for 2 offences of failing to surrender a vehicle license disk. Im told this relates to a bounced cheque from December 2002. Well I know its not mine, I dont do bounced cheques.
Whats happened is its my dodgy dad who was supposed to get the tax (some time in mid 2002) has used a bounced cheque. I asked if they had record of the cheque so that they could see it wasnt mine. They didnt there and then but as I worked in a bank im pretty sure they will have this if they need to produce it.
Now the thing is, even if I can prove its not me that hasnt paid the vehicle registrations being in my name means they arnt going to care (I was pretty much told this). Its my problem and I owe the money.
To make matters worse, only one of the cars was even mine the other one was my dads car. Being my old car he obviously didnt re-register it. Again im not going to be able to prove this at all so im going to be stuck on both of them.
Im pretty upset really. I dont know what to do.
Theres a bayliff warrant being issued on the 29th if I cant pay by then, when we all know what happens not to mention the extra bayliff costs which could be stupid.
I can get a court hearing on the 23rd to try and do something but in light of the above I dont think theres much I can do? The 900 odd quid is composed of about 300 quids worth of road tax backdate and then fines for not having road tax. Maybe I could go and explain this is the first Ive heard of the case and try to just pay the backdated road tax and ask for the fine to be dropped as I wasnt aware? If I could prove that I didnt make the bad payment this might help this matter, but something gives me the feeling they wont care much about that and a fines a fine?
I dont know what I can do, the only thing I can think of is to go over to my dads later and demand 900 quid. I know I wont get it, and its an uncomfortable situation to put myself in. I havnt really spoken to him since writing off a few hundred quid he managed to rip me off for last year...
Hmmm
Any advice appreciated.
Thanks
Lee
Hi Lee,
Feel very sorry for you. Im sure someone more knowledgeable will be along soon but i have a few thoughts....
I would think that laying the entire situation in front of the magistrates would probably be wise - assuming this really is the first you've heard of this and havent been getting loads of letters from the DVLA about the untaxed car? I would hope (and obviously this will depend on the individuals) that reasonable people would understand what has happened and at least reduce or delete the 'not having road tax' fine....though Id expect you to still pay the original tax, as unfair as it may seem seeing as it weren't your vehicle really.
Ensure you work out your 'means' test - and ensure your incomings and outgoings are very close. This will mean if you get stung for all of it you'll only have to pay a small amount a week.
can't really think of much else, and im not even sure that my suggestions are good ones, but best of luck whatever you do
Night
Feel very sorry for you. Im sure someone more knowledgeable will be along soon but i have a few thoughts....
I would think that laying the entire situation in front of the magistrates would probably be wise - assuming this really is the first you've heard of this and havent been getting loads of letters from the DVLA about the untaxed car? I would hope (and obviously this will depend on the individuals) that reasonable people would understand what has happened and at least reduce or delete the 'not having road tax' fine....though Id expect you to still pay the original tax, as unfair as it may seem seeing as it weren't your vehicle really.
Ensure you work out your 'means' test - and ensure your incomings and outgoings are very close. This will mean if you get stung for all of it you'll only have to pay a small amount a week.
can't really think of much else, and im not even sure that my suggestions are good ones, but best of luck whatever you do
Night
Update after talking to a few people.
Firstly tried calling my dad, being very vague so I can go and actually see him with the letter. I couldnt just go over as im not sure where he lives exactly.
Anyway that didnt work and I had to quickly say what it was about in the end. His response was "I dont know anything about it". You cant see me tonight, I cant do anything anyway. Talk to me tomorrow.
I got annoyed and hung up and turned my phone off for the night now.
As for what I knew, the full story is as follows. Remember this is 2002 so a while ago now. I got notifcation from the DVLA that the payment had bounced for the tax as I was registered keeper, and as such I was required to surrender the disks. I didnt, one of them I couldnt as I didnt even have the car as it wasnt mine. I spoke to my dad as he made the payment. He told me he would sort it. This dragged on a while (with him telling me it was all sorted out), and I received a letter with a court date for the offence and there had been no payment. I was really worried now, but was told as long as it was paid before the date it would be ok.
Again I got in touch with my dad who assured me it was sorted. I dont really believe him though as I know he lies a lot, so I spoke to the DVLA themselves after. I cant rememebr the exact conversation, but I remember I was satisfied that everything was finally sorted out. Unfortunatly I have no records of this now but know I did it.
The next I heard of this was today, over 2 years later when this letter arrived. I assume there was a problem somewhere, and they held the court hearing and imposed the fines in my absence.
I wouldnt of let it get that far. Although I resented it as it wasnt me that should of been paying, if it came down to it I would of appeard in the court and just paid the money for two lots of tax.
Interestingly when I phoned them earlier they asked for my address. My address was slightly wrong, but nevermind that. The thing was they said they had two on file. One being mine and one being place X. Ive never lived in place X, but my dad has however (maybe not the exact house, but the area)...
The advice I got from a friend was to get a hearing next week, and explain these as mitigating circumstances. I have been advised to request all the paperwork that has been sent out. This seems a good idea, especially if there was lots sent to this other address I dont know.
Im not trying to get off with anything, but I would be happy if given the circumstances if I could pay the backdated road tax fees and have the fine dismissed given I knew nothing of it.
My worries are that im not going to be able to obtain any proof of the above, and Ill get nowhere.
To be honest my problem isnt really with them its with my dad, although it has left me in the shit.
Firstly tried calling my dad, being very vague so I can go and actually see him with the letter. I couldnt just go over as im not sure where he lives exactly.
Anyway that didnt work and I had to quickly say what it was about in the end. His response was "I dont know anything about it". You cant see me tonight, I cant do anything anyway. Talk to me tomorrow.
I got annoyed and hung up and turned my phone off for the night now.
As for what I knew, the full story is as follows. Remember this is 2002 so a while ago now. I got notifcation from the DVLA that the payment had bounced for the tax as I was registered keeper, and as such I was required to surrender the disks. I didnt, one of them I couldnt as I didnt even have the car as it wasnt mine. I spoke to my dad as he made the payment. He told me he would sort it. This dragged on a while (with him telling me it was all sorted out), and I received a letter with a court date for the offence and there had been no payment. I was really worried now, but was told as long as it was paid before the date it would be ok.
Again I got in touch with my dad who assured me it was sorted. I dont really believe him though as I know he lies a lot, so I spoke to the DVLA themselves after. I cant rememebr the exact conversation, but I remember I was satisfied that everything was finally sorted out. Unfortunatly I have no records of this now but know I did it.
The next I heard of this was today, over 2 years later when this letter arrived. I assume there was a problem somewhere, and they held the court hearing and imposed the fines in my absence.
I wouldnt of let it get that far. Although I resented it as it wasnt me that should of been paying, if it came down to it I would of appeard in the court and just paid the money for two lots of tax.
Interestingly when I phoned them earlier they asked for my address. My address was slightly wrong, but nevermind that. The thing was they said they had two on file. One being mine and one being place X. Ive never lived in place X, but my dad has however (maybe not the exact house, but the area)...
The advice I got from a friend was to get a hearing next week, and explain these as mitigating circumstances. I have been advised to request all the paperwork that has been sent out. This seems a good idea, especially if there was lots sent to this other address I dont know.
Im not trying to get off with anything, but I would be happy if given the circumstances if I could pay the backdated road tax fees and have the fine dismissed given I knew nothing of it.
My worries are that im not going to be able to obtain any proof of the above, and Ill get nowhere.
To be honest my problem isnt really with them its with my dad, although it has left me in the shit.
Write everything down have it ready to present to the court. Do it as time line since the first instance and include a para about you're dad's reaction when told. Keep it short, snappy and unemotive and try to get a copy of the original cheque from the bank if possible. The written word is easier for magistrates to concentrare of and you may keep them onside better by making things simple for them. Think you might be stuck with the tax but may be some leeway re the rest, good luck and let us know how it goes.
Firstly I do have some sympathy with you
Cant be easy having a dad that shits on you like that
BUT
The whole basis of vehicular law relies on registration (which is why there should be more emphasis placed on registration offenvces but CPS dont seem to give a monkies - rant over)
You may have to take the wrap - always inform DVLA of a new keeper
Agree with my learned colleague Pen! - doa time line - write it down so you miss nothing and tell the court - they may take pity.
If they dont - pay up - its cheaper than the baliffs - then youd have nothing to watch (as they take your tele)
Cant be easy having a dad that shits on you like that
BUT
The whole basis of vehicular law relies on registration (which is why there should be more emphasis placed on registration offenvces but CPS dont seem to give a monkies - rant over)
You may have to take the wrap - always inform DVLA of a new keeper
Agree with my learned colleague Pen! - doa time line - write it down so you miss nothing and tell the court - they may take pity.
If they dont - pay up - its cheaper than the baliffs - then youd have nothing to watch (as they take your tele)
- StreakyThanks for the advice guys!
I will be paying up one way or another, just depends if I can get something reduced I suppose.
If the bayliffs only wanted my telly they can have it! The letter mentiones taking my car even though the one related to teh offence was sold a long time ago.
Anyway my dad has just agreed to meet me in an hour. I will see what kind of excuses he manages to make...
I will be paying up one way or another, just depends if I can get something reduced I suppose.
If the bayliffs only wanted my telly they can have it! The letter mentiones taking my car even though the one related to teh offence was sold a long time ago.
Anyway my dad has just agreed to meet me in an hour. I will see what kind of excuses he manages to make...
Well this is sorted now.
My dad took the letter and said he would look into it as he had paid it. On monday he tells me he has been there and agreed to pay it on Thursday.
I phone him at 4 and he tells me its paid and I ask about the receipt, which he will get to me at the weekend.
at 4.45 I get home from work and phone up to check as I dont trust him. Its not been paid, at all.
Ive just put it on my credit card but I cant afford it.
So issue resolved in a way, but I guess I have to say something to my dad again...
Lee
My dad took the letter and said he would look into it as he had paid it. On monday he tells me he has been there and agreed to pay it on Thursday.
I phone him at 4 and he tells me its paid and I ask about the receipt, which he will get to me at the weekend.
at 4.45 I get home from work and phone up to check as I dont trust him. Its not been paid, at all.
Ive just put it on my credit card but I cant afford it.
So issue resolved in a way, but I guess I have to say something to my dad again...
Lee
Sorry to hear there wasn't a happy ending, short of suing your dad there's not much chance of getting the money back is there? Shame. No printable advice to offer re your dad, plenty of unprintable suggestions, sounds like one more episode of problems and disappointments with him, might be time to take him off your christmas card list.
>> Edited by flashheart on Thursday 24th March 23:12
>> Edited by flashheart on Thursday 24th March 23:12
Apologies fore not replying earlier,
You really should have gone for a hearing, although daunting and a pain getting time off etc the Magistrates would have been able to deal with most of the fines and if needs be allowed a little more time to sort the back-tax.
Just showing up in court with some relevant evidence and putting your case in a rational, calm and respectful manner almost always results in you being listened to and help being given, this almost never happens by letter!
Habitual defaulters do not appear in court voluntarily! if you have a good case then present it and you will get a fair hearing.
Yesterday a guy got let off an endorsement for 87 in a 40 (Porsche 911) because after seeing the video and hearing the evidence it was agreed that he "reacted" to the actions of the unmarked Police car and had just reason to accelerate hard as he did. Result was a fine for the speeding (before the acceleration) no points and what I thought (and he thought) was a fair outcome.
One up for sensibility I thought.
HATH
A
You really should have gone for a hearing, although daunting and a pain getting time off etc the Magistrates would have been able to deal with most of the fines and if needs be allowed a little more time to sort the back-tax.
Just showing up in court with some relevant evidence and putting your case in a rational, calm and respectful manner almost always results in you being listened to and help being given, this almost never happens by letter!
Habitual defaulters do not appear in court voluntarily! if you have a good case then present it and you will get a fair hearing.
Yesterday a guy got let off an endorsement for 87 in a 40 (Porsche 911) because after seeing the video and hearing the evidence it was agreed that he "reacted" to the actions of the unmarked Police car and had just reason to accelerate hard as he did. Result was a fine for the speeding (before the acceleration) no points and what I thought (and he thought) was a fair outcome.
One up for sensibility I thought.
HATH
A
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