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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70419
Experience:  Over 5 years in practice
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Dear team .. i have recieved a bailiff letter demnding 1100

Resolved Question:

dear team .. i have recieved a bailiff letter demnding 1100 ..i havemade enquiries anbd have found that this is due to a fine for not supplyitng drivers details. i move home in feb 2015 and had a new address from feb 2015 and although i DID set up mail forwarding i recieved no correspondence from the police or the court and was completely unaware of this matter nor was i aware of any court hearing or of any summons.. there the case was held at lavender magistrates court in my absence and a fine of £850 issued the rest of the costs being the bailiffs tracing and and administration fees.. what can i do in this matter .. i certainly donot have £1100 pounds and would have provided driver details if i was aware of the matter.. i have explained this to the court who have delayed the matter for 21 days..and have asked me to make a statutory declaration at my local court please advise

Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What would you like to know about this please?
Customer: replied 1 year ago.

i want to reverse this procedure back to the orginal police letters asking me to supply driver details as i did not recieve these letters nor did i recieve any court summons letters

Expert:  Jo C. replied 1 year ago.
Do the DVLA have the right address for you and have they always had ?
Customer: replied 1 year ago.

no i moved adress so the old adress was held by the dvla..

this afternoon i changed the adress to my correct adress..

i would have done this sooner ..but our daughter was born very premature and this year has been working on nursing her to health

Expert:  Jo C. replied 1 year ago.
That is a problem I'm afraid.
Do you know the date of the hearing?
Customer: replied 1 year ago.

i go to court on the 19th oct to make a statutory declaration re not recieving the letters

Expert:  Jo C. replied 1 year ago.
What was the outcome of that?
Customer: replied 1 year ago.

the 19th of october is in the future so there is no outcome yet...

i want to know where i stand and what can i do to bring this back to me supllying driver details

Expert:  Jo C. replied 1 year ago.
Sorry, I read that as September. It is odd that they have given you a listing. The short answer is that it depends. Magistrates can be very inconsistent about things like this. If you didnt get the summons then that is the basis of a statutory declaration. The reality though is that you didnt get the summons because you didn't update the DVLA and there is a specific offence in failing to do so. There are Magistrates that will refuse the statutory declaration on that basis. Many others will not. It is impossible to predict. It comes down to which Magistrates you get and I suspect what type of mood they are in. Some of them are absolutely vile. The best that can be said is that usually they are controlled by the other two Magistrates and the Court clerk although most clerks haven't had a gloriously successful career either.it doesn't make an awful lot of sense that the substantive court have adjourned this for twenty one days. If you were at a Magistrates Court then they could have just heard the statutory declaration. The other alternative is asking them to reopen the hearing. That is a more informal process. It isn't really the proper way of dealing with this but I have found it gets better deals sometimes. If you have already set this down for a statutory declaration though then it is not worth withdrawing it now.Can I clarify anything for you?Jo
Customer: replied 1 year ago.

so i go in and just explain my situation the the stat declaration??

Expert:  Jo C. replied 1 year ago.
Yes, if you have any evidence of the addresses like utilities bills that would be useful.
You will have to explain the delay in updating the DVLA. The Magistrates might be so stupid as to not notice but the clerk probably will. If they do then you will just have to put your hands up and apologise. Generally speaking, courts dislike any attempt to make excuses. If a mistake has been made it is better to accept that you were at fault and apologise.
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