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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69369
Experience:  Over 5 years in practice
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I have received a "Warrant Of Control Letter". However i was

Customer Question

I have received a "Warrant Of Control Letter". However i wasn't sure what the fine was for and after doing some research my previous car was reported for having no tax. I remember that i was late paying my tax so i understand the fine.
The issue i have is that DVLA have been sending letters to my previous address so i had no idea of the fine and i would have paid it. Now i have a fine of £773 which I'm sure is more than the original fine!?
Is there anything i can do?
Submitted: 9 months ago.
Category: Law
Expert:  Jo C. replied 9 months ago.
Did you update the DVLA about your new address?
Customer: replied 9 months ago.
I did on my Drivers licence but I don't think I did on my V5c..
Expert:  Jo C. replied 9 months ago.
OK. I suppose you cannot say what work has been done by the bailiff?
Customer: replied 9 months ago.
I have only recieved the warrant of control from them. The 14 days they gave me has ended now so I'm a bit worried about what may happen next. And I'm not really sure what to do?
Expert:  Jo C. replied 9 months ago.
You can always challenge bailiff fees. The difficulty here is that you haven't changed the v5 and there is a specific offence in that. They won't prosecute it but they will use it as an excuse to say that you are liable for these fees.
Expert:  Jo C. replied 9 months ago.
However, you can always challenge the amount of bailiff fees after paying.
Expert:  Jo C. replied 9 months ago.
That is, of course, unless you dos have tax on which case you could try to get the whole thing re opened. Can I clarify anything for you?
Customer: replied 9 months ago.
I believe my car was without tax for about a month last year and it was in that time it was reported. As soon as I realised I had no tax I paid it of course.
So do you think that it would be advisable to pay the fee then challenge it after?
I am awaiting a date to give a statutory declaration. Is that the right step to take?
Expert:  Jo C. replied 9 months ago.
What are your grounds for a stat Dec?
Customer: replied 9 months ago.
That I didn't receive the letters so I had no idea about the fine. How else would i challenge the fine amount?
Expert:  Jo C. replied 9 months ago.
Challenging bailiff fees. A stat dec is not a challenge to the amount per se. It might be refused if they had the wrong address for you although I suppose you could truthfully make such an application so it might be worth a try.
Customer: replied 9 months ago.
so really the best thing for me to do would be to pay the Bailiff.. Then attempt to challenge the fine from there?
Expert:  Jo C. replied 9 months ago.
If you are prepared to run the risk of a small amount in costs then you could make a stat dec first. You can truthfully say that you didn't get it and you might succeed. It is always a matter for the Judge really. Sometimes they just don't uncover why it wasn't received and you are not doing anything unethical if you don't lie.
Customer: replied 9 months ago.
Ok, am i right in thinking that because of not updating the V5c i may be found liable for the costs and would end up having to pay the full fine amount anyway. And if i was found liable i would then have the added court costs on top?
Expert:  Jo C. replied 9 months ago.
Well, basically that is right.It is a ground for a stat dec to say that you didn't get the fine. Of course, the reason you didn't get it was that you hadn't updated the V5 so the court could refuse to set it aside.That would lead to a small costs order.And it would leave the bailiff fees to pay but you could still ask them to prove that they didn't over charge.
Customer: replied 9 months ago.
In regards ***** ***** Bailiff fees whats the best way of going about challenging them?
Expert:  Jo C. replied 9 months ago.
Pay first.Then ask for a breakdown. Then complain to the firm that employs them and their regulatory body. If that fails sue.

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