DVLA = Big powerful bad guys?

[Jamrock]

Ok so when I was 16 I had a little moped which went boom one day, the garage never explained what was wrong with it but it was beyond repair. I just said 'meh' and let the garage scrap it for parts. I sent a letter via special delivery to the DVLA informing them of this, telling them that the bike was no longer working and that a garage is scrapping it with my permission. End of story, never heard anything from the DVLA and that was the end of it.

Two years on to today I recieve a letter in the post, from a debt collectors, stating I owe the DVLA £80 and if I didn't pay I'd be taken to court for up to £3000. Now I phoned the DVLA (impossible to get through to) and then the debt collectors. The woman was really helpful in advising me that the DVLA had claimed I was lying to them about the bike, as it has now been re-taxed and is being ridden around. So they state that the period the bike should have been classed as SORN was actually me dodging a laughable £15 (bearing in mind it cost me £4 to send it special next day delivery)

The thing is I phoned the garage and asked them to pay it, claming they told me it would be scraped when in fact they fixed it and sold it on. They refused to pay and said they did everything right in getting the log book from the DVLA and that they did everything correct.

I told them woman I refuse to pay when I did everything right. She then said that because I heard nothing from the DVLA after my letter I should have chased it up after 4 weeks, even though the letter was in their building in THEIR offices it's still my fault for not chasing it up. She told me to bite the bullet and just pay the £80 fine because it's better than having their solicitors beat me in court and end up paying £3000 plus legal fees.

Anyone have any ideas on what I should do? because it feels like I'm being bullied into paying the money just because they have the power to do it. Now £80 isn't that much but it's the fact I have no choice in the matter and it's almost as stupid as someone coming up to me in the street and saying give me 80 quid or I'll get my laywers to sue you for £3000.

So any ideas?

[Keir]

im sure there was a post similar to this a few months ago and someone (sickpup?) came out with some law that laid the blame back at the feet of the DVLA if they lost the documentation. Have a quick look for posts regarding sorned vehicles.
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Current : '08 Yamaha FZ1s
Previous: '99 Honda CBR 600FX, 03 ZX636 B1H, 99 Fazer 600 (red), 02 GSX-R 600 K2, 00 SV650s (red), 2008 ZX10R, 97 Bandit 1200N, 04 ZX6RR K1H, 04 GSX-R 1000, 98 Fazer 600 (gold), 05 Madness 110 Pit bike, 04 CR125R, 00 SV650s (black), 06 KTM 625 SMC, 99 SRAD 600 track bike, 03 SV650, 98 Bandit 1200N, Bandit 600SY, 03 GSX-R 600 K3, 01 GSX-R 600, 01 Fazer 600 (black), VFR 400 NC30 x3, 78 Honda Dream, 00 Speedfight 50

[iooi]

[stinkwheel]

You wont be taken to court for £3,000.

That is the maximum fine applicable if the DVLA take you to court for using an untaxed vehicle on the road. You haven't done so, failure to declare SORN can't be used to imply you have done so.

So, all they can do is try to chase you for their £80 "penalty charge". They don't think they have much chance of getting it which is why they have farmed it out to the debt collectors (who will get a cut of whatever they "recover").

So what's the worst that can happen?

Well, they could take you to the small claims court and try to get a CCJ taken out on you for the £85 which would screw over your credit record. If you didn't pay after that they could send the baliffs round.

Now, I strongly suspect (having done this three times now) that they have either not been authorised to take these cases to the small claims court or do not consider it worthwhile.

You have to be given notice if you are going to be taken to the county court. I would suggest that if this happens, you cough up the £85.

I personally am not giving them a penny UNLESS I am ordered to do so by a court.

For your information, I was last contacted on this subject around six weeks ago by a highly irritating woman from Moorcroft Recovery Ltd who called me at 8am for the second day running. I told her to either take me to court or STFU because they weren't getting a penny out of me otherwise.

I have heard nothing since
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“Rule one: Always stick around for one more drink. That's when things happen. That's when you find out everything you want to know.”
I did the 2010 Round Britain Rally on my 350 Bullet. 89 landmarks, 3 months, 9,500 miles.

[Finglonga]

Who has the original V5?
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Andy Sez....
F.Y.Y.F.F.

[b-f-c]

[tutton]

Not trying to say youve done wrong, but last time we scrapped a car we got a dvla document saying it was official proof of the vehicle being disposed of. so nothing could come back on us.
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Past: '05 Peugeot XPS '99 Aprillia RS125 '94 FZR600R
Current: '02 ZX636 A1P '51 CCM R30

[Mudskipper]

I hope you get it worked out, nevertherless I have to say this is one of life's lessons to be a bit less 'meh' where your money or your legality are concerned.

Oh, and trust no-one, but especially not mechanics (unless they are your friends) or the DVLA.

Or cats.
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CBR125|||GSXR400|||CBR400|||CBR400|||CB250RS|||GSXR750|||CB250RS
"You're clumsy, you eat too much and you behave like a 12 year old boy. But you know what? Every once in a while, you find a thumb."

[carlnicholson...]

I took the DVLA to court, they didnt turn up, I won, all sorted! Good luck and DON'T BACK DOWN!!
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"THOSE WHO RISK NOTHING, DO NOTHING, ACHIEVE NOTHING, BECOME NOTHING."

[djr]

[carlnicholson...]

They fined me for not taxing a bike that was stolen a few months before. I told them in no uncertain terms to get f*cked. They sant a summond, I gladly obliged, they didn't turn up, the Judge giggled. The hearing lasted a total of 15 seconds.

They send a summons just to scare, they don't expect you to actually let it get that far. Rehearse a defence, don't bullshit, turn up and laugh all the way home then bang in a claim to them for loss of earnings. Bish bash bosh!
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"THOSE WHO RISK NOTHING, DO NOTHING, ACHIEVE NOTHING, BECOME NOTHING."

[carlnicholson...]

Let me guess, Moorcroft debt recovery? DON'T BACK DOWN!!!!!!!!! They are fuckers and will make your life hell, tell them to get fucked, if you committed an offence, then the DVLA would have contacted you themselves, accuse them of being scammers and threaten them with action for harrasement.

DON'T PAY THEM ANYTHING!!!!!
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"THOSE WHO RISK NOTHING, DO NOTHING, ACHIEVE NOTHING, BECOME NOTHING."

[4Stroke]

[garyd]

If the garage is in possesion of the log book it CANNOT be in your name as registered keeper/legal owner,as you say they have sold it ,therefore how are you implicated in being responsible for the taxing of it ?? oh and by the way ,on the same reconing you owe ME £120 for MY tax on MY car!!! £4 to send recorded !!!!!! did you send it in a 3x3x3 metal box???have the post office up in court for robbery also ,.....could always approach the garage with "my bike was STOLEN 2 years ago,it now seems like you have been involved somehow by selling it "im informing the busies.....plan 2 torch the cnuts premises .
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CRF230 all you need

[Hutchysrs50]

[----]

As said above,sickpup give some really good advice in THIS thread...

My case was slightly different,but i went to see solicitor and they dropped the charges within a couple of weeks.
For things like this they rely on the fact that most people just pay up to avoid the hassle....

(didn'nt read most reply's,sorry if fomeone has already said this)
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DRZ-400sm

[sickpup]

Interesting case you have.

So you notified DVLA the bike had been scrapped at a motorcycle shop, years later someone requests a log book for it and from that they infer you didn't scrap the bike and have just sold it?

If the above is correct (and please tell me if it is) there are some gaping big holes within DVLA's argument and you should have been charged with fraud (although highly unlikely to get a conviction). Looks like DVLA are on a fishing trip.

Let me know and I'll have a little think about it, I have a few possible angles for you to follow.

[garyd]

My thoughts exactly
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CRF230 all you need