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Further Steps Notice
greenbluegreen
post Thu, 13 Dec 2018 - 20:54
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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!
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post Thu, 13 Dec 2018 - 20:54
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cp8759
post Thu, 13 Dec 2018 - 21:09
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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
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greenbluegreen
post Thu, 13 Dec 2018 - 21:34
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QUOTE (cp8759 @ Thu, 13 Dec 2018 - 21:09) *
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 ?
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Jlc
post Thu, 13 Dec 2018 - 21:37
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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.
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greenbluegreen
post Thu, 13 Dec 2018 - 21:49
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QUOTE (Jlc @ Thu, 13 Dec 2018 - 21:37) *
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? smile.gif

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
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The Rookie
post Thu, 13 Dec 2018 - 21:57
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QUOTE (greenbluegreen @ Thu, 13 Dec 2018 - 21:34) *
QUOTE (cp8759 @ Thu, 13 Dec 2018 - 21:09) *
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.


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There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

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greenbluegreen
post Thu, 13 Dec 2018 - 22:09
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QUOTE (The Rookie @ Thu, 13 Dec 2018 - 21:57) *
QUOTE (greenbluegreen @ Thu, 13 Dec 2018 - 21:34) *
QUOTE (cp8759 @ Thu, 13 Dec 2018 - 21:09) *
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.
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BaggieBoy
post Thu, 13 Dec 2018 - 22:36
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QUOTE (greenbluegreen @ Thu, 13 Dec 2018 - 22:09) *
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.
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Redivi
post Fri, 14 Dec 2018 - 10:04
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QUOTE (greenbluegreen @ Thu, 13 Dec 2018 - 21:49) *
QUOTE (Jlc @ Thu, 13 Dec 2018 - 21:37) *
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? smile.gif

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
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Bailiff Advice
post Fri, 14 Dec 2018 - 10:25
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QUOTE (greenbluegreen @ Thu, 13 Dec 2018 - 20:54) *
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
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