DVLA 'fine' - Marstons Doorstep visit/final notice please help

[Naomi Bulgin]

Came home to a letter and notice from Marston Bailiffs.

 

 

original client was thames valley magistrates court,

 

 

who issued a fine to my husband from DVLA as they did not receive logbook information of new owner.

 

 

This has escalated from a £40 fine to Marston claiming they have a warrant of control and will force entry for an outstanding sum of £620.00.

 

Could someone please let me know if they are allowed to force entry for a warrant of control

 

 

and how on earth did the debt reach £620?

 

Please help as I have no idea what to do.

[dx100uk]

yes they can force entry.

 

 

however, did he not contest the DVLA case?

 

 

99% of the time its a DVLA error

LOADS of docs go missing in their system.

 

 

dx

[dx100uk]

has he received any other paperwork before this

letter from DVLA

court date

 

 

etc etc

 

 

dx

[dx100uk]

if not

contact the court

 

 

tell them you are

and want to file a statutory declaration

to the fact.

 

 

and they need to call the bailiffs off

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?435203-Marsden-continue-chasing-dead-debt-**Resolved-Stat-Dec-accepted**&highlight=DVLA+fine

[Naomi Bulgin]

Hello, thanks for reply,

yes he attended the court date and they told him he was at fault for not chasing up notification of new owner, they told him it was his responsibility to ensure dvla received the form and that he would hear from them in the post with instruction of how to pay the fine.

 

 

He never received this. Instead, he got letters from Marston which he ignored as he thought the court were writing to him.

 

 

I have done some research, would the form N245 stop this warrant immediately, due to hardship paying?

Edited October 29, 2014 by Naomi Bulgin

[dx100uk]

contact the court

 

 

ask what has gone on

 

 

make them prove they sent that letter if they claim they did

 

 

dx

[brassnecked]

An item sent First Class Post can be deemed received after 3 days according to the Interpretations Act, or has the new rules around Road Tax etc made it mandatory to contact DVLA now to close the old absolute defence?

[Bailiff Advice]

Hello, thanks for reply,

yes he attended the court date and they told him he was at fault for not chasing up notification of new owner, they told him it was his responsibility to ensure dvla received the form and that he would hear from them in the post with instruction of how to pay the fine.

 

 

He never received this. Instead, he got letters from Marston which he ignored as he thought the court were writing to him.

 

 

I have done some research, would the form N245 stop this warrant immediately, due to hardship paying?

 

Naomi,

I am sorry to say this but surely if your husband had attended court and then received a letter from a bailiff company the very last thing that he should have done was to ignore the letter. He should at least have spoken with the court and I fear that he will not get a great deal of sympathy when he does call them in the morning.

 

After attending court he should have received a Notice of Fine/Collection Order outlining the court fine, victims surcharge etc and details of how to pay. In the absence of payment there is a legal obligation for the court to send your husband a Further Steps Notice. This is a formal notice warning that the payment is in default and that unless payment is made within 10 days a warrant will be issued and bailiff costs of up to £310 will be applied.

 

If your husband did not receive any of these two notices from the court then he must call the court in the morning to explain. This is vitally important.