Fail to Notify of alteration to particular - Help please :)

[kfp]

Hello guys, I am looking for a bit of advice. I have read quite a few threads here and my problem seems to be quite a frequent one, however I think I have a unique circumstance which may change the outcome so I felt I needed to make my own thread.

 

today I received a letter in the post from a company called 'Collectica enforcement services'

stating that they have been instructed by 'South East London' to execute the warrant with immediate effect,

 

the amount due is almost £400 for the offence of 'Vehicle - Fail to Notify of alteration to particul'

(I assume it means particular and was cut off).

 

There is no other information on this letter, no registration number, no date of the offence, nothing.

 

I have contacted the company and they informed me that it was the DVLA for the reason stated.

 

I asked for more information on this matter such as time and registration number

and she told me that she would email the client and get back to me at some point today.

(I assume it was my last vehicle which was a motorbike and sold over 7 months ago)

 

I was living with my parents at Address A,

I had the bike at this point,

then they split and

I moved to my Mums address B and

 

lived there with the bike for about 6 months,

then moved to my girlfriends house at address C and

was there for around another 8 months but

 

I sold the bike around 6 months into living there.

 

I am now at address D with my father.

 

I completely forgot to tell the DVLA my new address

and its still set as Address A (all my insurance for the bike etc was changed over).

 

this is where all of the fine letters have gone to and obviously I have not seen them.

 

Apparently it was taken to court on the 2nd Sept and I was found guilty obviously because I didn't attend.

 

When I sold the bike it was put into my friends name by myself and then he sold it for me.

He definitely sent off all of the log books because I was with him when he did it.

 

do I have a leg to stand on at all guys?

I know I'm in the wrong for not changing my address

is there anything I can do.

 

As a student this £400 is going to kill me.

Thanks for any help guys I really appreciate it.

 

Any more information you need please let me know.

[ploddertom]

Moved to Bailiff Forum

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?407091-Fail-to-Notify-of-alteration-to-particular-Help-please-%29%2825-Viewing%29-nbsp

[Raykay]

This is a DVLA problem.

 

You need to make a statutory declaration under s.14 Magistrates' Courts Act 1980 that you had no knowledge of the proceedings, which will cancel the conviction and fine and DVLA will have to start again from the beginning.

 

Contact the court concerned, or your local magistrates court if more convenient, to arrange it.

[kfp]

Excuse my ignorance, but how do I find out which court was concerned? I have googled and found my local magistrates' court, would contacting them with the details I have be sufficient or will it have to be the court that I was supposed to attend. Thanks for all your help

[ploddertom]

The chances are the Court will be Cardiff or Swansea, but Collectica should be able to tell you.

[tomtubby]

This is a DVLA problem.

 

You need to make a statutory declaration under s.14 Magistrates' Courts Act 1980 that you had no knowledge of the proceedings, which will cancel the conviction and fine and DVLA will have to start again from the beginning.

 

Contact the court concerned, or your local magistrates court if more convenient, to arrange it.[/QUOTE]

 

 

Raykay,

 

Can I just correct a few errors.

 

A Statutory Declaration under section 14 will NOT automatically cancel the conviction.

 

Unfortunately, there is so much misinformation on the internet advising people to file a Stat Dec when in fact a stat dec is NOT the correct route. Sadly, for this reason courts are taking a close look at each application.

 

A conviction will ONLY be cancelled IF and ONLY IF the court accepts the Statutory Declaration.

 

In Statutory Declaration must be made WITHIN 21 days of "becoming aware of the conviction". In most cases the "21 days" will start on receipt of the letter from the bailiff.

 

In KFP's case it would appear that a Statutory Declaration is the correct route. Yes...he messed up by not advising DVLA of his change of address but this does alter the fact that the had NOT received the summons or further statutory notices.

 

There is a direct telephone number for KFP to call but I will not publish the number on the forum. The reason being that a few months ago I had provided a number on this forum for the London Collection admin centre and unfortunately, I had at that time made an error with the number. Unfortunately, another website copied the information that I had given and frequently post this wrong number on their website.

 

I will ask a moderator to send a PM to kfp with the correct number.

[kfp]

Ahh right okay, Brilliant. I won't phone them again as, surprise surprise, it's a premium rate number to call them. I think I'll email them chasing up and ask for all the information I need so at least then it will all be documented.

 

I will post again when I find out anything else. I am sure I will have a lot more questions .

 

Thanks so much for all the help, if I manage to save this £400 I will make a contribution to this wonderful forum. Thanks again.

[kfp]

Hey guys, sorry to be a nuisance. But I emailed them asking for all the information I needed and received an automated email asking to allow for 7-10 days for a response. If it takes them 10 days to respond then that'll be the day bailiffs are due at my door . What do I do?

[Raykay]

This is a DVLA problem.

 

You need to make a statutory declaration under s.14 Magistrates' Courts Act 1980 that you had no knowledge of the proceedings, which will cancel the conviction and fine and DVLA will have to start again from the beginning.

 

Contact the court concerned, or your local magistrates court if more convenient, to arrange it.[/QUOTE]

 

 

Yes I'm sorry, I meant to put 'if accepted' it will cancel......................

[Kiki1]

Hey guys, sorry to be a nuisance. But I emailed them asking for all the information I needed and received an automated email asking to allow for 7-10 days for a response. If it takes them 10 days to respond then that'll be the day bailiffs are due at my door . What do I do?

 

You may have to resort to the premium phone line then.

 

But - of course - record all detail and call it using a landline (and provider that supplies itemised billing). You never know when the DVLA might accept an 'oversight' may have occurred and will cough up for costs in rectifying that oversight.

[topcat1802]

If its an 0870 number then try looking it up on http://www.saynoto0870.com this may give you a non-premium rate number! Its worth trying this website for any phone number form people trying to get money from you anyway!

[tomtubby]

Did you receive a PM yesterday with details of the phone number that you need to call?

[kfp]

Hello guys, apologies for the delayed update, I work over the weekends .

 

I did indeed receive that phone number, Thank you! I contacted them on Friday and they were very helpful, she managed to find out all the information for my case from the little that Collectica gave me. With that I then contacted the court my case was held and as your wonderful people suggested, they recommended the statutory declaration, it's been booked for this Thursday at my local magistrates happy days.

 

Do I need to be suited and booted to sign this form or is it quite informal? Also I assume the next step will be me getting a new summons, will this revert the fee back to the original or is that something I am just going to have to wait and see?

 

Thanks for all your help guys, I feel alot better about all this Take care.

[tomtubby]

Delighted that the advice given was of use !!!

 

Statutory Declaration appointments are very common indeed ( with some courts holding such appointments daily !!)

 

There is no need to go "suited and booted" but just be smart.

 

The effect of a Statutory Declaration is to "rewind" the procedure as if the conviction had never occurred.

 

Whether a new summons will be issued depends on a number of factors.

 

If for instance the offence had been one of "speeding" (as an example) the relevant constabulary may well no longer retain the photographic evidence etc. As you say, best to wait and see.

 

Please post back on Thursday and one of the moderators will rename your thread with the words "Success" !!!!!

[letsmakeamark]

You have been busy tomtubby.