Failure to Tax / Declare SORN

[ADHDboy]

OK I have a bit of a problem that has turned into a CCJ

I have quite a few vehicles and not all of them are used, ie they are registered as SORN.
I moved about 18 months ago and as far as I know had sent off all change of addresses etc to update the records of all the vehicles. Then when any correspondence comes through I deal with it in the manner it requires.

I am moving house again shortly and a credit check has revealed this CCJ.

OK to make a long story short, 1 of the vehicles has not had the address changed on the V5 even though this was sent off, the SORN ran out.
DVLA then attempted to contact me on the incorrect address, several times, never heard anything back from me as I wasn't there.
They then issued a summons, then the court case and the CCJ.

So now I am trying to sort all this out, I am going to have to just take it for now as I need the CCJ cleared ASAP.
But what will I be able to do in the long term.

Funnily enough I don't want a CCJ on my credit history for the next 6 years over an £80 fine.

[g_attrill]

You should be able to apply to the mag's court to have the judgement set aside and the case heard again (s.142 Magistrates' Court Act 1980). You can then defend it or plead guilty and pay the fine. I'm not sure how, or at what point the CCJ will be removed though, it is definately likely to take months, rather than weeks to sort out.

Edited by g_attrill on Friday 12th January 22:08

[Motorwise]

when you move you should always get your post redirected for at least a year then these sort of things come to light before they cause trouble - there's always someone you forget to tell you've moved

good luck with it

[matt172]

Motorwise said:

when you move you should always get your post redirected for at least a year then these sort of things come to light before they cause trouble - there's always someone you forget to tell you've moved

good luck with it

sounds like the guy we bought our house from, we've been here a year now, and in the last month we've had 2 road tax reminders, and a new resigstation document, all in his name!

[drivenmad]

If all your other vehicles are registered to you and all of your other vehicles have had SORN issued, then I would be going back to DVLA and saying look I have sent you this document as I have with a, b, c d, etc - You have my name and address, there is no reason why you could not find me etc etc.......

[sjtscott]

drivenmad said:

If all your other vehicles are registered to you and all of your other vehicles have had SORN issued, then I would be going back to DVLA and saying look I have sent you this document as I have with a, b, c d, etc - You have my name and address, there is no reason why you could not find me etc etc.......

Yes that would be logical but you are dealing the DVLA. What you've said won't compute with them. These are the same people who've been known to remove vehicle categories off your license when you need to update it, or refuse to update a V5 doc which contains incorrect information on more than occasion and telling them this makes no difference.

[motorwise]

drivenmad said:

If all your other vehicles are registered to you and all of your other vehicles have had SORN issued, then I would be going back to DVLA and saying look I have sent you this document as I have with a, b, c d, etc - You have my name and address, there is no reason why you could not find me etc etc.......

they won't cross check in this way - it's too much like common sense

[rICHARD c]

Will not the CCJ apply to someone of a similar name at a different address from yourself ?

How can that be applied to you unless you have a very very unusual name ?

[motorwise]

rICHARD c said:

Will not the CCJ apply to someone of a similar name at a different address from yourself ?

How can that be applied to you unless you have a very very unusual name ?

good point - the courts are always very accurate in this to make double sure they have the right person

[ADHDboy]

I have a very unusual name (especially surname) and still live within the same council borough.

If I can't claim malpractice against the DVLA (which looking into it, this lies 100% with the registered keeper) then can I claim against the courts. How could they issue a summons against a person at an address who doesn't live there.
I had no opportunity to either pay the fine or defend myself, then when the CCJ was issued I had no knowledge of this until a credit check identified this 6 months later.

You can pay a fine associated with a CCJ within a month and the CCJ will be removed.
I have paid the fine as soon as I knew about it, however this is 6 months after it was issued, but within 3 days of me knowing it existed.

Why do taxes, CCJ etc etc etc only affect the people who have something to lose.
Should this be something I should now put in the hands of a solicitor, funnily enough I do not want a CCJ against
me for the next 6 years. Well unless it was for like £1 million plus, then it might be worthwhile.