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wmr1980
Posted on: Thu, 8 Jun 2017 - 18:48


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Joined: 7 Jun 2017
Member No.: 92,379


QUOTE (Jlc @ Thu, 8 Jun 2017 - 09:15) *
As Rookie says a SD can be performed but a word of warning - this will require court attendance and a lot will depend on your Wife's earnings as defaults will have been used. (This could decrease or increase the fines depending)


They'll presumably take my earnings into consideration too I guess? If not that's likely to increase the fine despite her being on maternity leave and earning statutory only.

QUOTE (StuartBu @ Thu, 8 Jun 2017 - 12:32) *
To OP...I take it V5(s) have been updated now. Was the address changed on Driving Licence(s) As for the Road Tax perhaps paying by Direct Debit might be useful...there are a number of options for that cost . You can I believe also get Text reminders for MOT(s) when due.


All has been updated. The car has also been sold. So one less thing for her to worry about. I look after the finances and admin generally, but it was her car and I work hard/long enough as it is that I couldn't juggle everything!


I think the whole court thing would freak her out - I guess we'll just have to take it on the chin and pay.

It just seems hugely disproportionate the amount of bureaucracy they have had to go through for this. But I guess those are the rules.

Thanks for the advice smile.gif
  Forum: Speeding and other Criminal Offences · Post Preview: #1291495 · Replies: 11 · Views: 3,417

wmr1980
Posted on: Thu, 8 Jun 2017 - 08:44


New Member


Group: Members
Posts: 4
Joined: 7 Jun 2017
Member No.: 92,379


QUOTE (The Rookie @ Thu, 8 Jun 2017 - 09:07) *
Fair or otherwise its the law!

With respect to the court summons she can make what is called a 'Statutory declaration' (either at a solicitors for a nominal fee or at a court for free - phone and make an appointment) which would reset the cases back to summons stage allowing her to plead to each as appropriate which would go some way to mitigating the penalties, she needs to find out what both cases are for but I suspect one will be 'failing to furnish' drivers details and she certainly wants to get on top of that. The SD has to be made within 21 days of becoming aware of the cases although if the court appointment is outside that time it won't be an issue as they will accept its their doing.


Oh totally agree. This is the first time she's ever had (or either of us - we're boring straight laced people) anything like this happen. So just want to make sure that we're dealt with fairly.

The summons was 31/5/17. I don't want to draw this out unnecessarily.
  Forum: Speeding and other Criminal Offences · Post Preview: #1291328 · Replies: 11 · Views: 3,417

wmr1980
Posted on: Thu, 8 Jun 2017 - 07:51


New Member


Group: Members
Posts: 4
Joined: 7 Jun 2017
Member No.: 92,379


QUOTE (peterguk @ Wed, 7 Jun 2017 - 22:55) *
She won't get a CCJ or anything else added to her credit file.


Thanks for the reassurance Peter. smile.gif

With regards to all the charges - do they seem fair? What about the court summons letter that was never received?

As I said, I'm not trying to squirm out of paying what is fair and right, but it just seems somewhat punitive for the offence...
  Forum: Speeding and other Criminal Offences · Post Preview: #1291313 · Replies: 11 · Views: 3,417

wmr1980
Posted on: Wed, 7 Jun 2017 - 21:26


New Member


Group: Members
Posts: 4
Joined: 7 Jun 2017
Member No.: 92,379


Hi all,

So long story short, last year we moved home (May-ish). Wife was heavily pregnant. We bought a newer car to deal with said offspring. Her car was parked up off the road on our property.

She had completely forgotten to tax her car. She had also totally forgotten to change address on V5 so never got a reminder.

Fast forward to recent events. The family car needed to go to the garage so we thought about getting the old car on the road only to find out the tax had expired! She had not SORN'ed it.

She has been fined for late payment of tax (£80 - credit agency, which she paid), and she paid 6 months of road tax from May. She has also now been charged £200 by DVLA as back payment for not having paid tax - still to be paid.

To add to this, owing to the V5 being registered to old address, all the chaser letters were sent there, only to be left by the tenants rather than letting us know (not their fault, just explaining situation).

The DVLA have also told my wife that they had issued a court summons - for 31st May this year (2017). However, this letter is not present at the old or our current address. My wife only found out about this owing to having spoken to the DVLA, who gave her the number of Highbury Corner Court. Clearly she did not attend the summons as she was not aware of it.

The court have now advised my wife of ANOTHER fine amounting to £440 (it has been suggested that this MAY include the £200 charge from the DVLA mentioned above, but that was just a suggestion from a friend) + £97 backlog and another £85 court fees.


She's hugely upset and it's making me upset - but ultimately it is her lack of admin. But this is not the time for "I told you so"... She was busy getting ready to be a mother, we were moving house, we have had a child, and have been completely distracted. It was not deliberate or purposely trying to get out of tax, just a complete cockup.

I'm not concerned about having to pay the fees (I am as it is around £800!!!) - this is something we'll have to take on the chin. I am more concerned about her getting a CCJ or some other black mark against her name. For things like joint insurance policies, mortgage, and other things, I don't want my rock solid credit rating or hers (which is also rock solid) to be affected by this.

So my question is, does all this sound about right? And is there anything we can do to minimise the expense or the chance of negative black marks against her name - the thing that concerns me is the lack of letter for court summons and the fact it went ahead with her being a "no show"...

Any advice would be hugely appreciated. Not trying to get away from having to pay what is fair, but if it is around £800 it's going to be somewhat of a struggle as we are only on my salary at the moment as she is on maternity still.
  Forum: Speeding and other Criminal Offences · Post Preview: #1291265 · Replies: 11 · Views: 3,417


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