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Worth Arguing with the DVLA?

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Scotch Bonnet
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PostPosted: 08:08 - 10 Mar 2009    Post subject: Worth Arguing with the DVLA? Reply with quote

I sold the CG back in september, sent off the V5 and so on, and now I've been hit with a letter doing me for Failure to Notify.

A couple of weeks ago, they sent a letter advising that the purchaser was chasing up the V5, I'd been half-expecting it as I never recieved the 'you are no longer the registered keeper of the vehicle' letter. However, as the only part of the letter I really noticed was the 'if we don't hear from you within two weeks it will be transferred to the new keeper', after not being able to get through to them a couple of times, I just left it be.

So, given that I don't have the buyer's address anymore (the only copy I had was on the V5), and I didn't send it recorded (consider that a lesson learnt), is there any point trying to dispute it?

Finally, if i do pay the fine, a) does that have any implications in terms of driving offences/criminal records, etc, and b), as the letter refers to 'an out of court settlement' can I stick a cover letter in with it saying that i'm paying Without Prejudice?
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Wafer_Thin_Ham
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PostPosted: 08:36 - 10 Mar 2009    Post subject: Reply with quote

Yes it is worth arguing, and you don't need to send it recorded delivery, you can get proof of postage on a normal first class stamp at the time of posting, get that next time. Thumbs Up
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NSR Mick
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PostPosted: 09:57 - 10 Mar 2009    Post subject: Reply with quote

I've recently had the same issue.

My thread. https://www.bikechatforums.com/viewtopic.php?t=167684
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The Shaggy D.A.
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PostPosted: 11:05 - 10 Mar 2009    Post subject: Reply with quote

The more people roll over and pay the "fine", the more they'll keep just blindly sending out the letters. Don't be another source of income for them.
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Mudskipper
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PostPosted: 12:31 - 10 Mar 2009    Post subject: Reply with quote

^^What he said.

I reckon DVLA only actually process around 50% of the V5's sent to them. Rolling Eyes

Do get proof of postage for ANYTHING you send to those inbred spazfucks.
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Rowey
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PostPosted: 13:04 - 10 Mar 2009    Post subject: Reply with quote

Useless money grabbing scum.
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MarJay
But it's British!



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PostPosted: 13:29 - 10 Mar 2009    Post subject: Reply with quote

Sickpup posted some relevant case law that proves once you've posted a letter it becomes the responsibility of the recipient. I can't remember it offhand. I saved the thread as a favourite but on my home PC. I'll try to remember to post it later.
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Wafer_Thin_Ham
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PostPosted: 13:32 - 10 Mar 2009    Post subject: Reply with quote

MarJay wrote:
Sickpup posted some relevant case law that proves once you've posted a letter it becomes the responsibility of the recipient. I can't remember it offhand. I saved the thread as a favourite but on my home PC. I'll try to remember to post it later.


I remember that too, however I believe you still have to prove you posted it, hence the proof of postage.
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MarJay
But it's British!



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PostPosted: 13:34 - 10 Mar 2009    Post subject: Reply with quote

sickpup wrote:

Strange you should mention that I'm working on something inline with this at the moment.

Universal postal union act to which the UK is a signatory states that within the UK once you post a letter it becomes the property of the addressee.

Section 7 of the interpretations act 1978 states that all you have to do is stamp, address and post the letter and it is deemed served in the normal course of mail unless DVLA refute service which is quite hard for them to do as they weren't expecting the letter.

I also now have proof that DVLA are losing post internally after having signed to receive it.

DVLA stating that you need confirmation letters from them as the only acceptable proof that they have received postal items is of dubious legality. One might consider that they are writing new laws which of course would be illegal under the 'Bill of rights' as they are to all intents and purposes the crown in this matter.

I would also like to see a scan of the letter they have sent as I believe they may have failed to follow the law in sending it.

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Walloper
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PostPosted: 13:58 - 10 Mar 2009    Post subject: Reply with quote

My sweet scented arse.

Why do people bother with recorded delivery and etc. then?

I think it would be half farted to stand up in court and expect a jury of your peers to believe that since, 'you say you popped it in the post box' then it was in fact 'posted'.

It should be common sense to ask the wumin behind the glass for some kind of proof of postage.

I do not doubt that once you comply with the preliminary matter of correct address, postage fees and have the PO accept responsibility for delivery then you have done as much as necessary for your own part.

I can see the court rooms with queues of people saying, "I promise you I posted it M'lud....." Smile

Do not try to reason with DVLA.
They are Welsh. Therefore don't listen to reason.
Most are inbred
The rest are Spazfucks (As previously stated)

Even pleading with the idiots is hopeless.
Since they are dumb cnuts they can only go by what it says in the manual.

It says you mae a booboo so you have to cough up.
I tstates clearly that you MUST inform them if you are no longer the KEEPER of the vehicle.
Important point of law. You do not need to own the vehicle to be the Keeper so all tickets for the vehicle will come to you.
Smacked wrist.
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Routy
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PostPosted: 15:47 - 10 Mar 2009    Post subject: Reply with quote

The Shaggy D.A. wrote:
The more people roll over and pay the "fine", the more they'll keep just blindly sending out the letters. Don't be another source of income for them.


spot on Thumbs Up
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moonym20
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PostPosted: 17:00 - 10 Mar 2009    Post subject: Reply with quote

DVLA are as thick as shit.

end of Evil or Very Mad
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reckless_b
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PostPosted: 19:44 - 10 Mar 2009    Post subject: Reply with quote

Sorry to have to disagree with some of you here, but there is at least one decent guy at dvla, had a problem with my velosolex a few weeks ago, just took it for its first test (mot) and found that the frame number did not match the log book. All sorted without any cost or hassel and the log book updated with the correct frame number.
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owdamer
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PostPosted: 21:08 - 10 Mar 2009    Post subject: Reply with quote

Walloper wrote:
My sweet scented arse.

Why do people bother with recorded delivery and etc. then?



going away from the original topic slightly, But i sent a sick note to work via recorded delivery, mainly so i could see it had been recieved. Several weeks later it was still not showing up on the track & trace facility on the royal mails website. I rang work and it had been delivered, but when i chased it up with the royal mail they couldn't find any record as the postie had obviously just handed over the letter without bothering to get a signature. I put a claim in to the post office for the cost of a replacement sicknote (Normally £10) but they wouldn't pay up as i couldn't provide them with a reciept. They did send me 10 first class stamps though, so at least i got back the extra money that i had paid for the recorded delivery.
Moral of the story. If you want to be sure something gets where its supposed to be going then unfortunatly you are going to have to deliver it yourself!
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Walloper
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PostPosted: 22:26 - 10 Mar 2009    Post subject: Reply with quote

Owdamer wrote:
Walloper wrote:
My sweet scented arse.

Why do people bother with recorded delivery and etc. then?



going away from the original topic slightly, But i sent a sick note to work via recorded delivery, mainly so i could see it had been recieved. Several weeks later it was still not showing up on the track & trace facility on the royal mails website. I rang work and it had been delivered, but when i chased it up with the royal mail they couldn't find any record as the postie had obviously just handed over the letter without bothering to get a signature. I put a claim in to the post office for the cost of a replacement sicknote (Normally £10) but they wouldn't pay up as i couldn't provide them with a reciept. They did send me 10 first class stamps though, so at least i got back the extra money that i had paid for the recorded delivery.
Moral of the story. If you want to be sure something gets where its supposed to be going then unfortunatly you are going to have to deliver it yourself!


I don't doubt this but like most cases you would be asked to produce evidence of postage/monies paid etc.
You were fortunate you got a good will off them.

Laughing
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sickpup
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PostPosted: 13:38 - 11 Mar 2009    Post subject: Reply with quote

Walloper wrote:
I think it would be half farted to stand up in court and expect a jury of your peers to believe that since, 'you say you popped it in the post box' then it was in fact 'posted'.


And yet that's all that has to be done to consider a NIP served.

The law is an interesting animal, just like an animals behaviour it doesn't always make sense but it remains the law anyway.
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AilleantSian
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PostPosted: 19:57 - 11 Mar 2009    Post subject: Reply with quote

I have had the reverse issue with the DVLA, brought a car last year, the V5 was sent to them by the garage, waited a few months and nothing came, so rang them, they said n change of ownership has been egistered and its still registered with the garage. they advised to send in the green slip I got when I brought it, and it needed to be original.

Sent that in with record of postage, and still nothing,they say they havent recieved it, so they want me to now pay them for the V5 as if i lost it and have to provide proof the car is mine to change ownership.

Not going to send them my only receipt for the car.!!

Im now getting a new car and going to get rid of my now car to a garage.

at least since the DVLA didnt do there job, if I did get 'gotten' by a speed camera in the last 12 months its not going to have anywhere to go
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Scotch Bonnet
Scooby Slapper



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PostPosted: 09:40 - 12 Mar 2009    Post subject: Reply with quote

Thanks for the advice in here and gsxrmick's thread, the letter I've received is identical to his (barring names, etc).

I think the most interesting points raised are Kickstart's about "demanding money with menaces" and/or perverting the course of justice.

The letter itself basically seems to be saying:

a) We suspect you of this offence.
b) You have not been charged with it, you have not been fined for it.
c) Give us £35 (£55 if you don't do it quickly enough), and we'll forget the whole thing.

Which is a fucking appaling way for a government agency to behave. Even speed cameras, with their assumption of guilt and exclusion from rights to silence aren't on this level, because at least (as far as i'm aware) there's laws to cover the process, as dismal as those laws may be.

The letter's also been framed to resemble an NIP when it's nothing of the sort.

I can only imagine that's it's impossible to prove to the satisfaction of a court that the V5 (or in Kickstart's case, SORN) wasn't sent. If that is the case, they can't prosecute, leaving them to resort to petty intimidation.
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NSR Mick
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PostPosted: 09:55 - 12 Mar 2009    Post subject: Reply with quote

I just sent the letter back with a statement declaring that to the best of my knowledge the V5 was posted to the DVLA in Swansea shortly after the sale of the vehicle.

Also the DVLA claim I failed to inform them but then dont state a time limit for doing so. (not that I've seen anyway)
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