Court Summons? Bit excessive no?

[mamagabriella]

in no way am I trying to justify knowing or unknowing late payment of tax disc

 

but since this is what has happened to myself and my husband

 

I am completely shocked to find out that despite it being a genuine mistake,

despite us resolving the unpaid fee/new tax disc and wheel clamping fine within days

my husband has been sent a court summons more than a year later!!!

 

when I called the DVLA to ask them about it,

they had minimal advice to offer on the subject and

 

when I asked to speak to someone in the relevant department I was told that "there is no one you can speak to"???

 

I really am shocked at this and the lack of external monitoring of the DVLA.

 

How can this be legal?

 

It is such a minor offence in the grand scheme of things,

to issue a court summons seems to me not only excessive but a complete waste of time and taxpayers money.

 

I understand that the DVLA issue a court summons to means test the fine amount, fair enough,

I don't think its a bad thing to means test such fines but through a court?

 

This is what I can't get over?

 

Being made to feel like petty criminals over a genuine mistake.

 

And I know we are by no means the only people genuine forgetting to update their car tax...

 

However, opinions of this broken system aside, I do need some advice regarding this.

 

Given that it was a difficult time (recent house move, 3yr old twin boys, doing a course OH with full time job, no family near by for support)

 

should we plead "guilty" or "not guilty"?

 

I don't feel guilty about this, mistakes happen, we resolved it with 3 days (over a wk end).

 

having never been in this situation I have absolutely no idea how to proceed and we can't afford to pay for legal advice....

 

Many many thankyous for any and all advice on this situation...

[renegadeimp]

DVLA seem to use courts as a form of debt collection or more-so a profit generating scheme.

[letsgetitsorted]

seems like they want a second bite of the cherry.....hopefully some one will be able to advise you soon....the more i read about DVLA the more needs to be done

[Conniff]

There isn't really any excuse for not renewing the road fund license on time, a reminder is sent and it can be done on line in a couple of minutes.

 

 

What exactly is the summons for as you say you paid it all within a couple of days ?

[mamagabriella]

Had recently moved house, given DVLA our new address over the phone, by email and in writing. Received no reminder.

 

I'm not completely sure but we paid the wheel clamping company and for a new tax disc and my husband specifically asked at the post office about the outstanding amount and was told that it was included and would reflect in the renewal date (being less than 12 months from payment.)

 

What I have been given to understand is that the DVLA are still pursuing a fine amount and the way they do this is by hauling you up in court and getting a magistrate to decide what you pay based on your income and the circumstances at the time of the offence.

[mamagabriella]

If I'm reading it right, the amount they are pursuing us for is £32.92. In court..... like I said, bit excessive....

[Consumer dude]

If I'm reading it right, the amount they are pursuing us for is £32.92. In court..... like I said, bit excessive....

 

How is this amount worked out and what are they saying it is for..

[mamagabriella]

This is the outstanding amount from the period of 01/03/2013 to 26/04/2013 (8 weeks) worked out because our car tax is £200 a year... they also say that they require a minimum of £90 towards legal costs.

[Raykay]

The usual pattern is that after a vehicle has been clamped for no licence, the 'unclamping' fee is paid to the clamping company.

 

 

Then the DVLA take action for the offence of keeping/using an unlicensed vehicle, but before a court summons the DVLA usually make an offer of an out of court settlement.

 

 

The £32.92 and £90 are the estimated costs they may claim, which will be in addition to any penalty the court award if found guilty.

[mamagabriella]

argh. :/ Thanks for clearing that up Raykay, thats really helpful. Do you think they might be willing to settle if my husband calls them and suggests it? Do you know if this is something people do?