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My daughter who is 25 had her van registered with DVLA at a…

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My daughter who is 25...
My daughter who is 25 had her van registered with DVLA at a temporary address in Southampton. She left the address in Feb 2008. She did not provide a forwarding address and did not inform DVLA of the change.
It now transpires that in July 2008 she contravened some fairly minor motoring regulation and letters were sent to the temporary address. As she didn't receive them and didn't reply this eventually went to court in Mar09. As she didn't attend and hasn't contacted them since she has now just received a Bailiffs letter requiring her to pay £850. This arrived at my home address in Norfolk and she opened it when she visited this weekend. She uses this address as she is currently moving quite frequently.This was the first she knew about it and the 7 days have aleady expired. We are therefore apparently under threat of bailiffs coming here. Must she now just pay this? Does she have 'legs to stand on' or is she liable because she did not keep the address up to date with DVLA?
Submitted: 8 years ago.Category: UK Law
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Answered in 3 minutes by:
6/14/2010
Solicitor: Jo C., Barrister replied 8 years ago
Jo C.
Jo C., Barrister
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Customer reply replied 8 years ago

 

They wrote to her asking for the identification of the driver. The offence was apparently that she didn't respond. (She presumably may also have a speeding offence when they've ascertained the answer to who was driving). The high charge though is for not responding.

She has now managed to contact the court who told her to write a letter to them explaining why she had not received their letters.She has done this so they should get this tomorrow.

In the meantime however they cannot 'call off ' the bailiffs and their visit here is apparently 'imminent' which possibly means tomorrow. However she understands that on their first visit they merely wish to confirm that this is where she lives.

I'm not actually sure what answer I should give as she is living and working in Southampton but changes her rented address quite frequently so reckons to use this as her 'permanent address'. (She doesn't have more than a collection of old clothes here.)

My main query though is whether it is an offence to not keep DVLA up to date of ones contact address. It sounds as if the court is being prepared to take into account that she has not willfully not responded but we so far don't know what the financial outcome will be.

Solicitor: Jo C., Barrister replied 8 years ago

Ok. So its a police matter then.

 

She could try to get the conviction set aside on the basis that it went to the wrong address but it would probably fail because she did not inform the DVLA of the right address. There are offences in doing that in itself I'm afraid.

 

If she's already tried to do that then she may as well continue and see if they are prepared to set it aside but it would probably be refused.

 

If it is, then she is liable I'm afraid.

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