Fined for no tax

Quash the Conviction. Revoke the Fees. Claim Damages for Improper Enforcement Action
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Titch
Posts: 3
Joined: 13 Feb 2020 16:56

Fined for no tax

Post by Titch »

Hi.. Hope you’re all doing good :)

I’ve been through a couple of other similar topics but need some clarification on a few points from anyone who has the time.. I think i may have gone wrong with the Stat Dec, but again, not sure.. so, here goes.. i’ll lay it out in a rough timeline as i think that would make the most sense...

2013 - i moved into a property in the centre of York.

2014 - i got finance on a car for my brother as his credit rating was shot at.. my name was on the log book, my brother was insured on the car and used it as his own.. he paid me monthly, i paid the finance.

2016 - i move again to a property outside York.. I fail to update my brothers log book as not really being my car, it slipped my mind.

2017 - brother also moves house.. and sells the car in September of that year. New owner got a new v5.

Skip to 2018 and i get two fines from Collectica each for around 600 each relating to incidents in middle of 2016. They told me it was relating to no tax on my motabilty car (a honda) - which is rubbish as motability look after all that.. i have the baliff on a recording trying to blag the point, i don’t know if that’s usable or not. Anyway, After proving that my car was fully legit, they then produced evidence that it was my brothers car that was not taxed..

The tax reminders and subsequent court stuff all went to my old address.. damnit, should have sorted that log book.

I ended up paying 1200 for that one..

Skip to this January and I receive another fine for the same period (he must have drove past more than a few times). For 300 This time i rang up and said i wanted to do a stat dec as i was within my 21 days and was aware i could do one this time round. Last time I went outside 21 days because we were faffing about proving my motabilty car was and always has been taxed.

Today i went to court (which i read now I shouldn’t have done?) and stated i knew nothing of the event till said fine arrived and signed the declaration.. i then said not guilty to driving without tax, because it wasn’t actually me that was driving.. I was advised by the court usher, after he had asked the court clerk, not to say guilty as doing so would be perjury and therefor could cause me real problems.. was that a blag?

So not guilty it was and i was told i now have to attend the original fines court in leeds in march.. do i go to that? If not why? If so, what do i take?

They took the original signed declaration, i have a copy.. Do i need to do anything with my copy? What do they do with theirs?

I have contacted collectica and advised them of the stat dec, they were already aware and had stopped proceedings.

Question is have i done the right thing and where do i go from here?

If you need anything clearing up, just ask.. there’s nothing to hide.. at the end of the day its an error that led to an unpaid bill.. hardly worth all this fuss!

Appreciate any assistance.

Many thanks

Chris
zeke
Posts: 245
Joined: 30 Jul 2012 21:23

Re: Fined for no tax

Post by zeke »

Going to court to make a stat dec was a mistake.

They will hold an impromptu hearing and revoke it.

They try to force you to enter a plea without the prosecution proving the case against you.

Make another stat dec and make them prove the case and they can re summon you.

Template stat dec

https://www.nationalbailiffadvice.uk/Te ... -fine.html

This time, do not edit the content. Its requires the prosecution to carry the burden of proof.

This article explains how the court service gag works in getting your stat dec revoked.

https://www.nationalbailiffadvice.uk/Co ... ation.html
Titch
Posts: 3
Joined: 13 Feb 2020 16:56

Re: Fined for no tax

Post by Titch »

Hi Zeke,

Thanks for getting back to me.. I found out about the fine on the 14th January, am I still able to send off the stat dec listed above if I'm outside my 21 days?
Titch
Posts: 3
Joined: 13 Feb 2020 16:56

Re: Fined for no tax

Post by Titch »

Sorry for double posting, I couldn't see a way to edit my last post.

you say "This time, do not edit the content." sorry for being really thick, but do i complete that online form? as in put my name, address and dob.. I'm not sure what you mean by don't edit the content.

Cheers :)
zeke
Posts: 245
Joined: 30 Jul 2012 21:23

Re: Fined for no tax

Post by zeke »

You can make a stat dec within 14 days of learning that you were entitled to make one about an unpaid fine.

The 14 days doesn't run from the date you learned of the fine.
Titch
Posts: 3
Joined: 13 Feb 2020 16:56

Re: Fined for no tax

Post by Titch »

hi Zeke,

A quick update for you.. I went to court yesterday for the origional summons.. I didn't go into the courtroom - a 'DVLA Lady' interviewed people in a separate side room by herself..

After looking over the cases she could see the two previous ones which had been paid and the current open one i was contesting. She then said she was withdrawing the case.. I asked and double checked and she said the cases were all now closed, I shouldn't hear anything further and I owe nothing in fines..

:)

Thank you for your advice. Whilst I didn't use all of it, it certainly helpped.

Kind regards

Chris
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