DVLA - Will they take court action ?

[jj69]

Afternoon..
Not sure if this is in the right forum but need some advice on a letter from DVLA.
I had a car on sorn , never drove it for the last four months left it outside a friends house which was a small cul de sac on a estate well away from main road ( I was basically waiting for finance company to pick it up after I had made my last payment ).
Anyway it got clamped , towed away and I got it recovered in July paid the release fee etc car now with finance comp but now have a letter to say must pay £383 by 31st Aug as declared sorn and on a public road also unpaid tax etc .Will the DVLA take this to court ?
It looks like I cannot negatioate a payment in installments so will this go to court or to a DCA first ?

[Spent2much]

Re: DVLA - Will they take court action ?

i don't know if they will, but my son sold a car last year for scrap and sent back that he had sold it , he lost the proof that he had sent it back and got a fine for £80, if he paid it in so many days it went down to £40, its a big rip off.

two years ago we got a parking fine for being over a yellow line at the place where we work, we get a permit, but we were pushed for time so never realised we had parked over the line, anyway we got a fine from the council and they took photos to show how we were parked, we appealed it and had to have a telephone hearing, it turns out that on the ticket issued the silly sod had put the wrong code so they admitted their mistake and we never had to pay, but the judge said 'we would hav had to pay it if they had put the right code., even though we appealed and said we were a struggling business , they don't care .

Imagine this though ,we park four days to get to the place where we work and if this happened four times we would have to pay £200 a week , we now walk to work and don't take that chance , parking fines and the dvla are just out to get your money you and i are easy prey i'm afraid.

I know my reply hasn't helped but it has put you in the picture of what these people are like .

[jj69]

Re: DVLA - Will they take court action ?

i don't know if they will, but my son sold a car last year for scrap and sent back that he had sold it , he lost the proof that he had sent it back and got a fine for £80, if he paid it in so many days it went down to £40, its a big rip off.

two years ago we got a parking fine for being over a yellow line at the place where we work, we get a permit, but we were pushed for time so never realised we had parked over the line, anyway we got a fine from the council and they took photos to show how we were parked, we appealed it and had to have a telephone hearing, it turns out that on the ticket issued the silly sod had put the wrong code so they admitted their mistake and we never had to pay, but the judge said 'we would hav had to pay it if they had put the right code., even though we appealed and said we were a struggling business , they don't care .

Imagine this though ,we park four days to get to the place where we work and if this happened four times we would have to pay £200 a week , we now walk to work and don't take that chance , parking fines and the dvla are just out to get your money you and i are easy prey i'm afraid.

I know my reply hasn't helped but it has put you in the picture of what these people are like .

Dont worry I appreciate the input ! I suspect they will take action seeing as they can smell easy money !
Just wish I could have paid in two installments which would have been easier.

[oscar]

Re: DVLA - Will they take court action ?

Unless the estate was owned by a housing association, and not just a collection of privately owned houses, you are screwed.

This may well have changed, but it used to that if the estate was private - ie Housing Assocation, then the DVLA needed permission from the land owner, as essentially, its not deemed to be the public highway.

If it was just a bog standard private housing estate that anyone could drive through, afraid you are going to have to pay.

[jj69]

Re: DVLA - Will they take court action ?

Unless the estate was owned by a housing association, and not just a collection of privately owned houses, you are screwed.

This may well have changed, but it used to that if the estate was private - ie Housing Assocation, then the DVLA needed permission from the land owner, as essentially, its not deemed to be the public highway.

If it was just a bog standard private housing estate that anyone could drive through, afraid you are going to have to pay.

Yes it was a council owned estate,my own fault should have got it moved sooner ! Reading other forums it looks like the DVLA would take action so pay £300 now or a possible larger amount later

[jj69]

Re: DVLA - Will they take court action ?

Unless the estate was owned by a housing association, and not just a collection of privately owned houses, you are screwed.

This may well have changed, but it used to that if the estate was private - ie Housing Assocation, then the DVLA needed permission from the land owner, as essentially, its not deemed to be the public highway.

If it was just a bog standard private housing estate that anyone could drive through, afraid you are going to have to pay.

Just thought I would give an update on this !
I spoke to local enforcement office this morning with intention of paying full amount on debit card but before doing this asked the advisor if I could pay in two installments ( I knew I cound'nt but pushed my luck ) she stated I could have more time to pay in fact up to two weeks, she also stated if I wrote in I could extend the payment date to one that was more suited.
Now anybody who has these enforcement letters will know it states you must pay by a certain day and cannot pay by installments !
So now I have written (recorded) to ask to extend time to 28th Sep 2012 which means I can use money from this months salary and the one in September effectively not having to fork out a lump sum this month.I got the woman to confirm that there would be no further prosecution if I agreed to pay within that timescale and she confirmed there would not after noting details on the system.
Obviously I need to keep tabs on this but those in a similar situation may well get round paying out a huge lump sum by this method.

[Spent2much]

Re: DVLA - Will they take court action ?

its a shame you have to pay at all , i think its disgusting what they have charged you .

[jj69]

Re: DVLA - Will they take court action ?

its a shame you have to pay at all , i think its disgusting what they have charged you .

Tell me about it ! £380 release fee from compound 30 miles away despite the fact I had not recieved any letters that it had been clamped in the first place ,£50 to hire my own tow truck to bring it back to my home town.
Add to the fact I had to pay £200 to put things rights such as new pads,oil and water, battery etc the whole thing has been costly.
Im lucky that I get paid overtime which has helped cover the costs.
Now back tax , what really galls me is I never ever drove the car in the last five months left it by the roadside while I paid off the finance I cound understand if I got caught driving it.
The estate it was on has a small side road tucked behind trees near a park and houses so you could not see it from the main road there was only one way in and one way out as it backed onto a a couple of garages so it must have looked like it was dumped.

Why cripple people with such huge costs you could end up losing people there jobs who rely on a car by adding more rediculous fines and bans !!!

[Spent2much]

Re: DVLA - Will they take court action ?

Tell me about it ! £380 release fee from compound 30 miles away despite the fact I had not recieved any letters that it had been clamped in the first place ,£50 to hire my own tow truck to bring it back to my home town.
Add to the fact I had to pay £200 to put things rights such as new pads,oil and water, battery etc the whole thing has been costly.
Im lucky that I get paid overtime which has helped cover the costs.
Now back tax , what really galls me is I never ever drove the car in the last five months left it by the roadside while I paid off the finance I cound understand if I got caught driving it.
The estate it was on has a small side road tucked behind trees near a park and houses so you could not see it from the main road there was only one way in and one way out as it backed onto a a couple of garages so it must have looked like it was dumped.

Why cripple people with such huge costs you could end up losing people there jobs who rely on a car by adding more rediculous fines and bans !!!

it was probably some busy body who reported it , we had one of those where lived 6 years ago, he used to walk past all the parked cars and stop to check if they had up to date tax discs on them

[jj69]

Re: DVLA - Will they take court action ?

it was probably some busy body who reported it , we had one of those where lived 6 years ago, he used to walk past all the parked cars and stop to check if they had up to date tax discs on them

Lol everyplace has them , my street is full of pensioners most are great and keep an eye on your house during the day one or two a royal pain...
On the plus side of all the above I no longer have to pay those thieves Welcome finance any more money ,confirmed today that account is fully paid up now..made sure I got conformation in writing, it was such a smug feeling listing my demands to my local account manager who has been a royal pain in the arse !!!
He even had the cheek to ask if I wanted to leave debit card details in case I got a letter stating any outstanding damage on the car that was returned , I pointed out that I had photographed every inch of the car and all the work done before handing it back with the keys ..if anybody has any issues with the car now then can put in writing so I have a fresh supply of toilet paper....lol....