Sold a bike.. DVLA have issue UPDATE - SORTED

[P.]

Hey guys,

I sold my Hyosung GT125 last year, 13/8/2009.
Owned it 3 months, sold to family friend, cash paid, logbook signed and sent same day (He followed with me to buy tax disc from post office.)

Got some shitty letter from DVLA stating "I have recieved information which indicates you are no longer the keeper of the above vehicle on 13/08/2009"

My guess is the family friend never received the V5 and has applied for it?

So these snotty bastards are now asking me to pay for this.. £35, I know its not much, but with Xmas/car tax/2 stolen bikes and my current fuel bill.. Seriously?

Do I have to pay this... I did my side of the bargain by sending the V5 off, ive done around 7 V5s this year...

[KnobCat]

If you have the letter confirming that you did your bit then you are sweet

[P.]

[Hetzer]

Tell the parasite scum to go whistle dixie and you'll see them in court. Fucking leech vermin.
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"There's the horizon! Ride hard, ride fast and cut down all who stand in your way!"

[yuri2085]

They will try to tell you that you have to prove you sent it off.
This is false (although there is no legal precedent, as soon as they realise they won't be able to milk you they run away--very costly for them if they actually are ruled against in court).

I can't remember the details of a case on here where in went to court over something similar (or was it SORN declaration) but anyway you have done all you are required to do, you have a bit of a fight if you want them to stop pestering you though.

[L4Isoside]

I got a similar letter today after my car was scrapped/given to the insurance peeps after an accident, useless feckers.

Thing is they word it in to trying to intimidate you, can see some elder people diving straight in to try and avoid problems, when they have done their bit all along.

[0ddball]

Afaik your liability is fulfilled the moment you posted the V5 off. If you say you posted it it's up to them to prove you didn't.

[Ariel Badger]

It will have flagged up due to the bike's age, no way can a Hyosung GT125 last more than 3 months.
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Bikers make great organ donors, get 115 on your licence today.

[stinkwheel]

Look up the Interpretation Act 1978 on www.opsi.gov.uk. The section that deals with legal notifications by post.

Quote it in your response.
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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.

[Pie-Roe]

I ignored this and went to court. Search isn't working for me, but if you search for dvla taking me to court, or my posts, you should find it.

Pyro
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Previous: GSF600, FZR600 x2, ZXR750, XT600 Tenere, CB125, CZ125, ETZ 250, ER5, CCM R30, DRZ400, RF600x4, RF900x2, GS500, VTR1000F, 640 SMC, CB250 NIGHTHAWK, GT550x3, GPX750 TE610, CB500, X11x2, SV650, ZING 125, TL1000R,CB250 Superdream, CBR1100XX

[P.]

[spike_Alike]

It's a common trick for them to simply "forget" to send the logbook and then have you pay for it.

It's happened to me and my friend recently. My friend still has no logbook for his DR600 because he refused to pay it.

A plea to all the terrorists: If you have to blow SOMETHING up please please get the DVLA.
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Bandit 600

[G]

[Kickstart]

Hi

The DVLA management would probably get a prize from the terrorists for services above and beyond the call of duty.

All the best

Keith
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Traxpics, track day and racing photographs - Bimota Forum - Bike performance / thrust graphs for choosing gearing

[cb1rocket]

very much the case under statutory law, your not required to but in the end its up to them to prove you didn't post it.

Regardless of that its very much the same about the SORN topic i posted on.

They only look to blame other people! Its probably in there backlog of crappy mail still!

[headlamp]

It is an especially prattish Government Department! My wife got one of those £35 demands that we ignored and never heard anything about.

They tried the same with me when my Discovery was stolen - I phoned them to explain I was no longer the Registered Keeper as my insurance company had the documents, that they had been told & it was no longer my vehicle.

The numpty said he had 'no record' of the vehicle been reported stolen on the DVLA database so I rang another DVLA dept and it did!
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Using a mobile phone while driving a car should be made a capital offence!

[Rogerborg]

I built a kit car many years ago, before SORN came in (2000?), sold it on registered but without the V5 (genuinely couldn't find it), and close to a decade later got a letter from DVLA saying that a V5 had been requested by the new owner, and by the way, I owed them approximately 1.2 fucktons of £££ for all the years it had been non-SORN in my name.

I replied with the stock answer:

1) Show me a contract with both our signatures on it that creates a civil debt.
OR
2) Provide their evidence - to criminal standard of proof - that the vehicle had been used on the road by me during that time.

And PS, any further demands for money would be met with the reply from Arkell v. Pressdram, and I'd see them in court, civil or criminal as they preferred.

Funnily enough, never heard a squeak from them again.

[Kickstart]

Hi

If sold before SORN then they don't have a leg to stand on.

Unfortunately if sold after SORN came in they do.

All the best

Keith
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Traxpics, track day and racing photographs - Bimota Forum - Bike performance / thrust graphs for choosing gearing

[P.]

Just thought I would update this..

Due in court today Just checked to see if i'm still having to attend... DVLA woman seemed very angry that I had even considered not attending (I hadn't, she is probably on the blob) and said yes, i'm due at 2pm.

Oh the fun

[-Savage-]

good luck
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My Bikes - - - Royal Enfield 500 with sidecar, VFR800, CBR600FX,
Peugeot Speedfight 100, Kymco Hipster 125, GSXR750K5, Jawa TS 350

[wilbur]

[Face.]

[Rogerborg]

Has sickpup briefed you on the obligation being on them to prove that you didn't send the change of keeper?

Section 7 Interpretations act 1978 (IA78)

Where an Act authorises or requires any document to be served by post (whether the expression "serve" or the expression" give " or " send " or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.


ALSO

Magistrates' Courts Act 1980

127 Limitation of time.

(1)Except as otherwise expressly provided by any enactment and subject to subsection (2) below, a magistrates’ court shall not try an information or hear a complaint unless the information was laid, or the complaint made, within 6 months from the time when the offence was committed, or the matter of complaint arose.
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Biking is 1/20th as dangerous as horse riding.
GONE: HN125-8, LF-250B, GPz 305, GPZ 500S, Burgman 400 // RIDING: F650GS (800 twin), Royal Enfield Bullet Electra 500 AVL, Ninja 250R because racebike

[P.]

Indeed also posted in Random Banter, long running issue with the fuckwits

[Mrjoolz]

Good luck Paddy.

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Previous Bikes: TZR125, KMX125, RGV250, RD350YPVS, GXSR750H, GSXR600SRAD, R1 (2000), GSXR1000 (K1), ZZR600, CBR1100XX Super Blackbird

Current Bike: Suzuki GSX1300R Hyabusa.....