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Enforcement agents for Failure to Identify Driver, Change in registered keeper address
Viddy
post Fri, 22 Sep 2017 - 17:36
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Hi all,

Thank you in advance for any advice - I greatly appreciate it!

I have received a letter from the enforcement agents with a fine of £1,121 regarding a Failure to Identify Driver. This is the first letter I have received regarding anything to do with proceedings against me, hence I was completely shocked.

Upon calling the enforcement agents:
- They have been sending all correspondence to my previous address (moved out of that address on the 25th September 2016). I went to my old address and was informed that a bailiff did ask for me, but they didn't have any letters for me so I couldn't obtain the original NIP etc. I applied to update the address on my registered keeper logbook by mid-October 2016 and received it by the 3rd week of October 2016. I can only presume that the address they obtained from DVLA was within this interim period. Does this make me liable?

- They are unable to tell me what the offence specifically was, or on what date. I asked for further details and they have informed me that my case is on hold for 21 days until they are able to obtain more information from the court. However, they are repeatedly saying they don't get involved in disputes and hence get limited information on the offence in question. I have been informed to call back regularly regarding any further information.

- They are able to tell me that the sentencing date was 28th March 2017 and in Lavender Hill Magistrates Court.

I am aware that I have to submit a statutory declaration but I am unsure if I should simply get a lawyer from now on to deal with this. The fees for the lawyer are similar to the fine imposed (£800 + VAT), hence the uncertainty. However, any conviction in the Magistrates Court is a criminal conviction and as a medical student myself, this could be very problematic for my future career as a doctor so on balance, I'm not sure if it's worth just paying a lawyer.

This is my draft declaration, anything in brackets are facts I am unsure of as the enforcement agents are able to get me limited information.

I, Miss _________ of: ____________

DO SOLEMNLY AND SINCERELY DECLARE THAT:

I had no prior knowledge of any correspondence from Lavender Hill Magistrates Court following an offence on (enter date - have not been told this) for (enter offence: have not been told this). From information provided to me today by the Enforcement Agents I am informed that a hearing for this matter was held in my absence on the 28th March 2017 where I was fined £1,121 with costs of (enter amount - unsure?) and (unsure if any points were taken from my license as the agents are unable to tell me this) The reference number for this case is: _________

AND THAT: 

Notification of this fine first came to my attention on 18th September 2017 when a letter was delivered in the post. This letter stated that Marston Group Ltd was in possession of a court order (Warrant of Control) that allowed Enforcement Agents to visit me within 14 days.

Upon enquiring with Marston Group Ltd over the telephone, I was informed that all previous correspondence had been sent to a previous address that I moved out of in 25th September 2016.

I am a medical student studying at university and am unable to afford to pay the fine. I genuinely do not remember receiving documentation concerning this fine aside from the letter mentioned above. 

I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the Statutory Declarations Act 1835.

___________________

Do let me know if there's anything else I should add/change to this declaration, and if I'd like a solicitor to witness this - do I simply make an appointment with a solicitor and pay £5, I'm unsure of the process involved.

Viddy smile.gif

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Posts in this topic
- Viddy   Enforcement agents for Failure to Identify Driver   Fri, 22 Sep 2017 - 17:36
- - iwt   Shouldn't need a solicitor. Give Lavender Hill...   Fri, 22 Sep 2017 - 18:10
- - Viddy   Thank you iwt. That all makes sense. Just one poin...   Fri, 22 Sep 2017 - 19:02
|- - Jlc   QUOTE (Viddy @ Fri, 22 Sep 2017 - 20...   Fri, 22 Sep 2017 - 19:22
||- - Viddy   QUOTE (Jlc @ Fri, 22 Sep 2017 - 20:2...   Fri, 22 Sep 2017 - 20:15
|- - cp8759   QUOTE (Viddy @ Fri, 22 Sep 2017 - 20...   Fri, 22 Sep 2017 - 19:38
- - Viddy   Hi everyone, My appointment for a Stat Dec is on...   Thu, 28 Sep 2017 - 16:52
- - Viddy   Another question - should I reply to the police id...   Thu, 28 Sep 2017 - 18:18
- - Jlc   It's too late to name the driver now. The spe...   Thu, 28 Sep 2017 - 18:29
- - The Rookie   The speeding charge can only be 'dropped' ...   Fri, 29 Sep 2017 - 06:00
- - Jlc   Indeed - although dual-charging is not always done...   Fri, 29 Sep 2017 - 15:20
- - Viddy   I was given a number to contact the CPS when I cal...   Fri, 29 Sep 2017 - 16:00
- - andy_foster   If you can get someone to discuss the matter with ...   Fri, 29 Sep 2017 - 19:22
- - Dwain   QUOTE (Jlc @ Thu, 28 Sep 2017 - 19:2...   Sun, 1 Oct 2017 - 16:13
- - The Rookie   You are correct, but how will that actually help t...   Sun, 1 Oct 2017 - 19:44
- - Viddy   Hello all - my stat dec is tomorrow, and I called ...   Mon, 9 Oct 2017 - 14:55
- - The Rookie   She was correct, a stat dec can be made at any tim...   Tue, 10 Oct 2017 - 03:15
- - Rallyman72   http://www.dealingwithbailiffs.co.uk/ is registere...   Tue, 10 Oct 2017 - 12:32
- - Viddy   Hello All, At my stat dec today - I managed to ge...   Wed, 11 Oct 2017 - 17:48
- - Jlc   Result - don't believe everything you read on ...   Wed, 11 Oct 2017 - 18:05


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