Further Steps Notice |
Further Steps Notice |
Thu, 13 Dec 2018 - 20:54
Post
#1
|
|
New Member Group: Members Posts: 9 Joined: 19 Apr 2018 Member No.: 97,594 |
Good evening,
I hope I am posting this at the right place. I am helping a friend who received `Further Steps Notice` out of the blue. No previous fines, letters or reminders. She phoned the number to find what is this about, turns out its for not taxing her vehichle on time. She is on a £0 tax and wasn't aware to this moment that even then (£0 tax) the car has to be taxed. The problem comes that she never ever has received any reminders to tax the car or any early penalties, fines etc. She is living on the same address for very long period so there is no chance that the letter has hit a previous address. I can see she can appeal within 10 working days of receiving the letter, but If I am not mistaken she can appeal against ONE of the following: "Make an Attachment of Earnings Order (for deductions from your salary) Make an application for deductions from your benefits. Issue a warrant of control (for the purpose of taking control of your goods). This will incur additional costs of up to £310 Issue a warrant for your arrest to return to court Increase your fine by 50% Issue a Clamping Order for the clamping, removal and sale of your vehicle Register your court fine in the Register of Judgements, Orders, and Fines (affecting your ability to obtain credit) Take any further steps as allowed under the fines regulations." Now the sum asked is £305, Could she appeal against the sum as well? As any tax reminders from DVLA or previous fines are not sent recorded, not even first class, I am a bit worried that this will be very difficult (if possible at all) to be struck off or proven as not received (but that works both ways I guess). Any advise will be much appreciated! Many thanks guys! |
|
|
Advertisement |
Thu, 13 Dec 2018 - 20:54
Post
#
|
Advertise here! |
|
|
|
Thu, 13 Dec 2018 - 21:09
Post
#2
|
|
Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
Has she checked whether the address on the V5C is correct? By which I mean physically getting the V5C and double checking the address?
-------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
|
|
|
Thu, 13 Dec 2018 - 21:34
Post
#3
|
|
New Member Group: Members Posts: 9 Joined: 19 Apr 2018 Member No.: 97,594 |
Has she checked whether the address on the V5C is correct? By which I mean physically getting the V5C and double checking the address? I have just checked with her - so the address on V5C is different from the current address it turns out. However, she said that as soon as she changed the address to the current one, she has sent her Drivers License to DVLA for address change, that must count (prove?) for something? So do you think that they have sent first letters, reminders etc on the old address ? |
|
|
Thu, 13 Dec 2018 - 21:37
Post
#4
|
|
Member Group: Members Posts: 41,503 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
The driving licence has no bearing. Only the address on the V5C.
-------------------- RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request Private Parking - remember, they just want your money and will say almost anything to get it. |
|
|
Thu, 13 Dec 2018 - 21:49
Post
#5
|
|
New Member Group: Members Posts: 9 Joined: 19 Apr 2018 Member No.: 97,594 |
The driving licence has no bearing. Only the address on the V5C. So when comes to `Further Steps Notice` it arrives on the current one, but not for the previous ones? Is there something that she can do in this case then? V5C has an old address printed, DVLA has current address since she moved to the new house. By all means not knowing that she still has to send papers to DVLA even for £0 Road Tax doesn't make her innocent, but £305 seems a bit high ... without any other warnings received beforehand. But if she is at fault of not changing the address on the V5C so be it I guess.. It just feels a bit unfair that this last letter came to the right address This post has been edited by greenbluegreen: Thu, 13 Dec 2018 - 22:01 |
|
|
Thu, 13 Dec 2018 - 21:57
Post
#6
|
|
Member Group: Members Posts: 56,195 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
Has she checked whether the address on the V5C is correct? By which I mean physically getting the V5C and double checking the address? I have just checked with her - so the address on V5C is different from the current address it turns out. However, she said that as soon as she changed the address to the current one, she has sent her Drivers License to DVLA for address change, that must count (prove?) for something? So do you think that they have sent first letters, reminders etc on the old address ? The fact she updated her drivings licence proves something, but it’s not at all helpful with respect to either this offence or the separate criminal offence of failing to keep the registered keepers address up to date. I don’t think they sent the NIP and summons to the (old) registered keepers address, it’s a flying certainty. -------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
S172's Rookies 1-0 Kent Council PCN's Rookies 1-0 Warwick Rookies 1-0 Birmingham PPC PCN's Rookies 10-0 PPC's |
|
|
Thu, 13 Dec 2018 - 22:09
Post
#7
|
|
New Member Group: Members Posts: 9 Joined: 19 Apr 2018 Member No.: 97,594 |
Has she checked whether the address on the V5C is correct? By which I mean physically getting the V5C and double checking the address? I have just checked with her - so the address on V5C is different from the current address it turns out. However, she said that as soon as she changed the address to the current one, she has sent her Drivers License to DVLA for address change, that must count (prove?) for something? So do you think that they have sent first letters, reminders etc on the old address ? The fact she updated her drivings licence proves something, but it’s not at all helpful with respect to either this offence or the separate criminal offence of failing to keep the registered keepers address up to date. I don’t think they sent the NIP and summons to the (old) registered keepers address, it’s a flying certainty. If you don't think NIP and summons are sent to the old registered keepers address, which to me looked like the only logical explanation, why she hasn't got anything except `Further Steps Notice` ? And most importantly - is there something that she can do ? Could she appeal ? Is it likely to be judged in her favour considering the two offences above? All she really looking for is to pay a reasonable fine. |
|
|
Thu, 13 Dec 2018 - 22:36
Post
#8
|
|
Member Group: Members Posts: 6,723 Joined: 3 Apr 2006 From: North Hampshire Member No.: 5,183 |
If you don't think NIP and summons are sent to the old registered keepers address, which to me looked like the only logical explanation, why she hasn't got anything You misunderstood, The Rookie was saying the complete opposite, i.e they were certainly sent to the old address. |
|
|
Fri, 14 Dec 2018 - 10:04
Post
#9
|
|
Member Group: Members Posts: 4,126 Joined: 31 Jan 2018 Member No.: 96,238 |
The driving licence has no bearing. Only the address on the V5C. So when comes to `Further Steps Notice` it arrives on the current one, but not for the previous ones? Is there something that she can do in this case then? V5C has an old address printed, DVLA has current address since she moved to the new house. By all means not knowing that she still has to send papers to DVLA even for £0 Road Tax doesn't make her innocent, but £305 seems a bit high ... without any other warnings received beforehand. But if she is at fault of not changing the address on the V5C so be it I guess.. It just feels a bit unfair that this last letter came to the right address It looks like you've made the common mistake of thinking that updating a driving licence updates the vehicle address The databases are not connected |
|
|
Fri, 14 Dec 2018 - 10:25
Post
#10
|
|
Member Group: Members Posts: 415 Joined: 4 Apr 2016 Member No.: 83,440 |
I can see she can appeal within 10 working days of receiving the letter, but If I am not mistaken she can appeal against ONE of the following: "Make an Attachment of Earnings Order (for deductions from your salary) Make an application for deductions from your benefits. Issue a warrant of control (for the purpose of taking control of your goods). This will incur additional costs of up to £310 Issue a warrant for your arrest to return to court Increase your fine by 50% Issue a Clamping Order for the clamping, removal and sale of your vehicle Register your court fine in the Register of Judgements, Orders, and Fines (affecting your ability to obtain credit) Take any further steps as allowed under the fines regulations." Now the sum asked is £305, Could she appeal against the sum as well? As any tax reminders from DVLA or previous fines are not sent recorded, not even first class, I am a bit worried that this will be very difficult (if possible at all) to be struck off or proven as not received (but that works both ways I guess). It is important to be aware that any 'appeal' that your friend makes is only an 'appeal' against the enforcement steps that the Fines Officer is considering taking. Secondly, an 'appeal' must be made within 10 working days of the date provided on the Further Steps Notice and NOT 10 working days from the day of service. http://bailiffadviceonline.co.uk/index-pag...er-steps-notice It would now appear that the reason why your friend had not received any correspondence from DVLA was because the V5C had not been updated when he or she moved address. A very common problem I'm afraid. All that your friend needs to do is to contact his or her LOCAL magistrate court to get an appointment arranged for a Section 14 Statutory Declaration. Any questions, please post back: http://bailiffadviceonline.co.uk/index-pag...ry-declarations This post has been edited by Bailiff Advice: Fri, 14 Dec 2018 - 10:29 |
|
|
Lo-Fi Version | Time is now: Thursday, 28th March 2024 - 09:52 |