Failure to notify, gone to bailiff

[captmonkey]

Hi.

 

Seems to be an epidemic of this happening according to these forums.

 

In May 2011, I sold my old car and duly filled in the V5C and posted it.

 

In around July, I moved house. I setup a Royal Mail forwarding service to forward mail posted to my old address to my new address.

 

It would then appear that the DVLA did not receive the V5C, as they sent a Failure to Notify letter to my old address in September. Understandably peeved, I wrote back to them, giving them my new address for correspondence as well as protesting my innocence.

 

A few weeks later, they replied - to the old address. I wrote back once again, again confirming my new address and again asking for common sense to be applied. This was in October 2011. I received a reply to the second mail - again - to the old address a couple of weeks later, saying that they still believed they had a case and would take me to court and that they would be in contact in due course. I heard nothing. For months. I wrote asking for clarification in December, but had no reply. I kept the forwarding running until early this year and then cancelled it as I was not getting any more forwarded mail.

 

Fast forward to today (June 28th), and on my doormat, addressed to my new address is a letter from Marston Group, postmarked the 22nd, who are claiming a Magistrates Court Order has been raised against me, and that if I do not pay the sum of £575 within 7 days (gee, sent on the 22nd, arrived on the 28th - helpful!) then a bailiff will visit and will 'levy distress' and 'remove goods' to sell at auction.

 

It seems completely obvious what has happened here - the DVLA, despite being informed of my new address - THREE TIMES, decided to continue to serve notices to my old address, and obviously, after my mail forwarding was cancelled, these were never received by me. So, it would appear that I have been found guilty at a magistrates court at a trial I was never even made aware of.

 

I have spoken to Marston Group, who - graciously(!) - will suspend the case for 7 more days. The DVLA are closed, though I suspect they'll be as much use as a chocolate fireguard.

 

Anyone got any help? I am very worried about the prospect of a bailiff visiting and extorting cash or goods from me.

 

Thanks.

Edited June 28, 2012 by captmonkey
A little more clarity.

[Conniff]

Welcome captmonkey. If you haven't been severed any notice etc, you could get the court order set aside.

 

Have you still got all the correspondence you sent and received?

 

The guys will be along to help soon.

[captmonkey]

Thanks. I do have copies of all correspondance.

 

I've had a good read around and it seems I need to make a Statutory Declaration at my local magistrates court, so I've arranged that - at great length this morning - for next Wednesday.

 

Will let you know how it goes.

[captmonkey]

Hey,

 

So I went to Stratford Magistrates Court this morning to make my Stat Dec. The magistrate listened to my tale and was quite happy to sign off on it, and he commented that he dealt with the 'DVLA's mistakes' nearly every day.

 

The court clerk said that the Declaration would go off to the central fine collecting agency and they would call off the bailiffs automatically - and that the case would refer back to the DVLA.

 

What happens next? Will the DVLA push for retrial or will they drop it? I don't really mind either way - I'm happy to defend myself as I've committed no offence, but it'd be useful to know what their usual response is.

 

Cheers.

[Conniff]

The usual response is to open the letter in the office, shout out 'ok, whoever said captmonkey would be a pushover can get the cakes in for the office'.

 

They usually just drop it unless they have actual proof of a wrong doing and not just speculation.

Edited July 4, 2012 by Conniff