Notice of enforcement due to a DVLA change of address

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bebitacora
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Joined: 30 May 2017 14:46

#1 Notice of enforcement due to a DVLA change of address

Post by bebitacora » 30 May 2017 15:04

Hello,

I just got a notice of enforcement from Marston claiming payment, apparently owed to HMCTS. It is the first time I hear I owed any monies, so I have called Marston to ask what this is for and they say that it is because I haven't changed my driving licence's address with DVLA.

I have got a foreign driving licence (EU) but I do not own a car in the UK or abroad, so I never thought I had to notify anyone about my driving licence's address and never did. I do rent a car every now and then, using my EU licence.

I know that not being aware of a law doesn't make someone escape liability, but the truth is I was completely unaware about the fact that I needed to contact DVLA, and I have never received a payment claim from DVLA whatsoever.

The notice of enforcement was issued on 22/05/2017 and I am required to pay by 05/06/2017.

The notice also says that "A Warrant of Control has been issued by HMCTS. Fail to give information relating to the identific. 03/02/2017", which I do not know what it means?

Please could someone advise what I should do at this point?

Thank you very much!

bebitacora
Posts: 5
Joined: 30 May 2017 14:46

#2 Re: Notice of enforcement due to a DVLA change of address

Post by bebitacora » 31 May 2017 15:55

Hello again,

Whilst reading another case on this forum, I saw this answer from an adviser:

"If a magistrates court convicted you without you knowing, then the proceedings are invalid.

Do a section 14 and that will kill it".

Would this apply to me too? If so,who should I send the letter to, Marston, the Court, or DVLA?

Look forward to hearing from someone.

Thanks!

Eva

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Pote Snitkin
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#3 Re: Notice of enforcement due to a DVLA change of address

Post by Pote Snitkin » 31 May 2017 16:08

Hi, apologies that you were overlooked. Yes, you would need to do a section 14 statutory declaration. Under section 14 of the Magistrate Courts Act 1980 if you were unaware of the proceedings then they are invalid. Here's the legislation - http://www.legislation.gov.uk/ukpga/1980/43/section/14

You need to write out the stat dec, then take it to a solicitor who will witness it and charge you about £5. Take photo ID. Then either take the stat dec to the court in person or post it to them using registered post. The case will then be rewound and you will be able to attend the hearing.
It is the first responsibility of every citizen to question authority. - Benjamin Franklin

On 22/2/17, Peterbard said "taking control of goods and selling them does not actually mean taking control of goods and selling them." Discuss.

bebitacora
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Joined: 30 May 2017 14:46

#4 Re: Notice of enforcement due to a DVLA change of address

Post by bebitacora » 31 May 2017 19:48

Hi,

Thank you kindly for the answer :-)

Well following a friend's advice I went to a Citizen's Advice office this morning, hoping they'd advise! Instead they went on to set up a payment plan without even asking what the story was! Anyway, I didn't want to just pay the £861 they are chasing without knowing where all this was coming from, and why I hadn't been notified by DVLA in the first place.

So looking for further advice, I ended up at a trust and after a bit of digging out, they found out that the debt wasn't even in my name!! They called the court and as they couldn't find me in the system, they tried with the address and found out that the debt relates to whoever was living in my flat before me. So glad I didn't pay without asking!

Marston's notice of enforcement shows my name though. Like this forum, the trust advised for me to do the statutory declaration. Now my concern is, bearing in mind that Marston won't care about anything but get paid, and after reading some of the other cases on this forum, my concern is that they will still show up at home and try to take my belongings.

So what should I do apart from the statutory declaration? Can I claim damages from Marston for being such clowns?I've missed a day's work today after all, and will probably miss tomorrow too doing the declaration!

Thank you :)

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Pote Snitkin
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#5 Re: Notice of enforcement due to a DVLA change of address

Post by Pote Snitkin » 31 May 2017 20:19

Sometimes the CAB are a disaster area. Get the stat dec in tomorrow and it stops all enforcement.

If everyone claimed damages each time a bailiff acted as a clown, we'd all be millionaires. I think being a clown is a requirement of the job.

If you want to try for damages for financial loss that's up to you, but you'd need to know who's at fault - whether HMCTS provided your name or whether Marston's change the warrant.
It is the first responsibility of every citizen to question authority. - Benjamin Franklin

On 22/2/17, Peterbard said "taking control of goods and selling them does not actually mean taking control of goods and selling them." Discuss.

bebitacora
Posts: 5
Joined: 30 May 2017 14:46

#6 Re: Notice of enforcement due to a DVLA change of address

Post by bebitacora » 31 May 2017 22:16

I guess I was very angry today after a bank holiday freaking out at home thinking that I was gonna have to pay the money, and after I found out that it was someone else's debt.

I'll get that declaration sorted tomorrow. Thanks again for the advice.

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jasonDWB
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#7 Re: Notice of enforcement due to a DVLA change of address

Post by jasonDWB » 03 Jun 2017 19:25

This is another classic case the CAB does not look into the facts of the case. It wanted to counsel the debt even when it is not owed.

Here is a Template.

DO NOT go into court to notarise it. Read this warning. http://www.dealingwithbailiffs.co.uk/Co ... iliffs.htm
Author, Dealing with Bailiffs. Beat the Bailiffs
Instant phone consultation with me: Click here

bebitacora
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#8 Re: Notice of enforcement due to a DVLA change of address

Post by bebitacora » 04 Jun 2017 11:39

Hello,

After further investigation I have learnt that the debt does relate to me. The reason why we didn't find it in the first place was because it's in a different court to where I currently live.

The fine isn't a "no change" of address at DVLA like Marston said, but a speeding fine in June 2016 with a rental car.

I have done the declaration and taken it to court and it has happened exactly as JasonDWB warning says: they said I needed an appointment (I spent the morning calling to book one but I decided to take the declaration to court in person because the line was engaged all the time). So the lady at reception took my mobile number and said that they would call me to give me an appointment.

So now that I have read the warning, I will go to a solicitor Monday first thing.

Thank you

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