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MaybeGuy
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PostPosted: 09:28 - 04 Aug 2011    Post subject: Court again... Reply with quote

Not for a driving offence this time...

Apparantly, when I sold my KTM to chris_red, after he applied for the V5, I didn't tell them I was no longer the owner of the vehicle...

So now I'm a criminal? ''FAILURE TO NOTIFY CHANGE OF KEEPER OR MOTOR VEHICLE'' why they write everything in capitals I do not know...

Obviously I sent them this in writing after I sold the bike... obviously.

So basically, it'll be a game of ''we never received your letter'' and I'll be like ''neither did I''. They never sent anything recorded delivery (or at all for that matter... obviously)

Which way is this likely to swing? Obviously I'm pleading not guilty.

This is bullshit.
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Blue_SV650S wrote: it was a sh1te wheelie, but it proves that he can get it up in 3rd and can do angles. In summery, mattsprattuk is a gobby little sh1tebag, dopehead tw4t, but sadly for all of us, he probably isn't THAT full of sh1te!! Mr. Green
Kickstart wrote: Hi I tend to agree with Matt. All the best Keith
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Wafer_Thin_Ham
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PostPosted: 09:31 - 04 Aug 2011    Post subject: Reply with quote

Killa (I think?) Had a very similar thread to this recently. Do a search.

Read this

https://www.bikechatforums.com/viewtopic.php?t=195188&start=0
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Chalky.
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PostPosted: 09:43 - 04 Aug 2011    Post subject: Reply with quote

I had similar, but for not SORNing an old car I had lying about.

I sent this after they "fined" me:

Dear Sir/Madam

Ref: 550 V5*1YTL

Further to your request of £80 from myself, I would like to seek some clarification.

Under section 7 of the 1978 interpretations act - “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”, are you claiming to have lost my SORN declaration whilst it was under your care, or are you claiming non delivery?


My side of the contract was fulfilled when I addressed, stamped, and posted the envelope.


I trust this brings the matter to a close.

Please see the attached SORN declaration for the vehicle, hopefully this one will be handled with more care.




Yours Sincerely


The replied saying it would go no further etc.

I don't know if you're too far down the line now, might help though.

Good luck.
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dogbot
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PostPosted: 09:46 - 04 Aug 2011    Post subject: Reply with quote

I reported a car to the DVLA as scrapped, years ago, just after the SORN regs came in. The reason for this is that it was scrapped - they crushed the roof putting it on the lorry and everything. Laughing

I get a notice from the DVLA saying the reg is now marked as scrapped, V5 is retired or whatever they call it. 4 months later when the tax is "due", I get a tax demand. "Oh, it's a mistake," I presume, and ignore it.

A few weeks later, I get a snotty "you haven't taxed or SORNd your vehicle" letter.

I photocopy the scrap notification, and send it back. Silence. Never heard from them again.

Useless bastards. Laughing
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P.addy
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PostPosted: 09:48 - 04 Aug 2011    Post subject: Reply with quote

Same, im off to court on 16th August...

Again, doing exactly what pyroforlife did in a thread with the aid of sickpup.

I sent it off like 13th June 2009 Laughing
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MaybeGuy
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PostPosted: 09:53 - 04 Aug 2011    Post subject: Reply with quote

##Paddy## wrote:
Same, im off to court on 16th August...

Again, doing exactly what pyroforlife did in a thread with the aid of sickpup.

I sent it off like 13th June 2009 Laughing


We can be court buddies. Mine's on the 16th too.

As for the link. Bloody helpful that, cheers big_ham

so in a nutshell, just quote those regulations and you're scott free?
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Blue_SV650S wrote: it was a sh1te wheelie, but it proves that he can get it up in 3rd and can do angles. In summery, mattsprattuk is a gobby little sh1tebag, dopehead tw4t, but sadly for all of us, he probably isn't THAT full of sh1te!! Mr. Green
Kickstart wrote: Hi I tend to agree with Matt. All the best Keith
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chris-red
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PostPosted: 09:57 - 04 Aug 2011    Post subject: Reply with quote

If there is anything I can do to help let me know. Thumbs Up Not sure what that would be mind.
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MaybeGuy
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PostPosted: 09:59 - 04 Aug 2011    Post subject: Reply with quote

give me my KTM back? Laughing

It's bullshit really, because the last time someone applied for a V5 when I didn't provide one, all I got was a letter saying ''someone's applied to own your vehicle, reply or we'll assume they own it''.
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Blue_SV650S wrote: it was a sh1te wheelie, but it proves that he can get it up in 3rd and can do angles. In summery, mattsprattuk is a gobby little sh1tebag, dopehead tw4t, but sadly for all of us, he probably isn't THAT full of sh1te!! Mr. Green
Kickstart wrote: Hi I tend to agree with Matt. All the best Keith
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P.addy
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PostPosted: 10:25 - 04 Aug 2011    Post subject: Reply with quote

mattsprattuk wrote:
We can be court buddies. Mine's on the 16th too.


Dance!
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c-m
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PostPosted: 12:07 - 04 Aug 2011    Post subject: Reply with quote

You guys all need to make a note of your case numbers, and case numbers of similar hearings that have gone in the defendant's favour.

Send these to the court along with a description of the outcome, and the judge will likely just through the case out and as the DVLA are wasting his time.

Alternatively, one of your cases might turn into a test case, and get the law changed to stop the DVLA constantly bringing such claims to court.
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Jayy
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PostPosted: 14:37 - 04 Aug 2011    Post subject: Reply with quote

I sold the KTM about 6 weeks ago and only just sent the letter off 2 days ago to say it changed hands. Mine was slightly different though, I was instructed to give the buyer the entire V5 and not rip anything off, as he was permanently exporting it out of the country and it acted as the export certificate to get it out the country.

I was told to just inform the DVLA in writing with the bike details that I no longer had it.

Hopefully that will be the last of it, can't be arsed with all this bullshit over not sending a V5 off in time, the DVLA are utter cunts.
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Marcg868
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PostPosted: 15:10 - 04 Aug 2011    Post subject: Reply with quote

They won't do nowt!!

You'll be lucky if the DVLA tit even bothers to turn up in court.

I bet your in and out within 5 mins.

If they still let you, you can apply to get costs back off the DVLA for wasting your time Thumbs Up
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Nick 50
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PostPosted: 15:38 - 04 Aug 2011    Post subject: Reply with quote

What Chalky. said ^^^

Create 3 letters based on your legal obligation meets Section 7 of the Interpretation Act 1978.

Also state you will defend this in court and will seek to recover costs.

Send:

1 to DVLA (recorded/registered ... the one where they have to sign for it)
1 to The Prosecutor (recorded/registered)
Keep one for yourself.
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drzsta
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PostPosted: 16:04 - 04 Aug 2011    Post subject: Reply with quote

Recoil Jay wrote:
I sold the KTM about 6 weeks ago and only just sent the letter off 2 days ago to say it changed hands. Mine was slightly different though, I was instructed to give the buyer the entire V5 and not rip anything off, as he was permanently exporting it out of the country and it acted as the export certificate to get it out the country.

I was told to just inform the DVLA in writing with the bike details that I no longer had it.

Hopefully that will be the last of it, can't be arsed with all this bullshit over not sending a V5 off in time, the DVLA are utter cunts.


Your case is different you just have to say your bike has hone for permanent export in a letter, they are not going to chase that up.
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Old Thread Alert!

There is a gap of 300 days between these two posts...

MaybeGuy
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PostPosted: 14:22 - 31 May 2012    Post subject: Reply with quote

Ah, deja vu. Another court summons for the same thing on a different bike.

I obviously didn't recieve anything from the dvla, and i obviously sent them a letter informing them of the new keeper...

My confidence is relatively high considering how it went last time, and how ineloquent the dvla bint was.
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Blue_SV650S wrote: it was a sh1te wheelie, but it proves that he can get it up in 3rd and can do angles. In summery, mattsprattuk is a gobby little sh1tebag, dopehead tw4t, but sadly for all of us, he probably isn't THAT full of sh1te!! Mr. Green
Kickstart wrote: Hi I tend to agree with Matt. All the best Keith
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P.addy
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PostPosted: 14:25 - 31 May 2012    Post subject: Reply with quote

Laughing Make them look stupid
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WannaBeDude
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PostPosted: 14:45 - 31 May 2012    Post subject: Reply with quote

For the sake of less hassle, register new details and send recorded, I hate dealing with such agencies anymore than is strictly nessesary!
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Joncrete Cungle
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PostPosted: 14:46 - 31 May 2012    Post subject: Reply with quote

Have their pants down in front of the beak. The DVLA caved in when they realised I was happy for them to take me to court for allegdly not SORNing. I was most upset as I had filmed myself on my mobile filling in the SORN, putting it in a correctly addressed envelope with a first class stamp on it and walking across the road to the postbox to post it.

In the future ANYTHING I send to the DVLA will be filmed as I fill it in and post it.
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WannaBeDude
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PostPosted: 14:59 - 31 May 2012    Post subject: Reply with quote

Joncrete Cungle wrote:
Have their pants down in front of the beak. The DVLA caved in when they realised I was happy for them to take me to court for allegdly not SORNing. I was most upset as I had filmed myself on my mobile filling in the SORN, putting it in a correctly addressed envelope with a first class stamp on it and walking across the road to the postbox to post it.

In the future ANYTHING I send to the DVLA will be filmed as I fill it in and post it.


Ffs I lol, but recorded is only a quid more or less ....

Phone film is free I know but still Very Happy
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daemonoid
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PostPosted: 15:07 - 31 May 2012    Post subject: Reply with quote

Oh, FFS. I just checked mine as I've had no acknowledgement and they've not received it.

I am now meant to write a letter - good bit is I only remember the buyer's first name and his eBay ID.
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Walloper
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PostPosted: 15:11 - 31 May 2012    Post subject: Reply with quote

c-m wrote:
You guys all need to make a note of your case numbers, and case numbers of similar hearings that have gone in the defendant's favour.

Send these to the court along with a description of the outcome, and the judge will likely just through the case out and as the DVLA are wasting his time.

Alternatively, one of your cases might turn into a test case, and get the law changed to stop the DVLA constantly bringing such claims to court.


Or put the onus on the keeper to send by registered post.
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MaybeGuy
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PostPosted: 15:13 - 31 May 2012    Post subject: Reply with quote

["walloper"]
c-m wrote:
You guys all need to make a note of your case numbers, and case numbers of similar hearings that have gone in the defendant's favour.

Send these to the court along with a description of the outcome, and the judge will likely just through the case out and as the DVLA are wasting his time.

Alternatively, one of your cases might turn into a test case, and get the law changed to stop the DVLA constantly bringing such claims to court.


Or put the onus on the keeper to send by registered post.[/quote]

It's deemed served once sent, however you send it. Do it by carrier pidgeon if you so desire.
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Blue_SV650S wrote: it was a sh1te wheelie, but it proves that he can get it up in 3rd and can do angles. In summery, mattsprattuk is a gobby little sh1tebag, dopehead tw4t, but sadly for all of us, he probably isn't THAT full of sh1te!! Mr. Green
Kickstart wrote: Hi I tend to agree with Matt. All the best Keith
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Joncrete Cungle
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PostPosted: 15:43 - 31 May 2012    Post subject: Reply with quote

covdude wrote:
Joncrete Cungle wrote:
Have their pants down in front of the beak. The DVLA caved in when they realised I was happy for them to take me to court for allegdly not SORNing. I was most upset as I had filmed myself on my mobile filling in the SORN, putting it in a correctly addressed envelope with a first class stamp on it and walking across the road to the postbox to post it.

In the future ANYTHING I send to the DVLA will be filmed as I fill it in and post it.


Ffs I lol, but recorded is only a quid more or less ....

Phone film is free I know but still Very Happy


I was advised that all the DVLA post, first class, recorded delivery, guaranteed next day delivery, special delivery is all lumped together in mixed bags and auto signed for when it gets to the DVLA. What the DVLA do with it in their post room and in the building to misplace and lose so much mail is anyones guess.
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Walloper
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PostPosted: 19:18 - 31 May 2012    Post subject: Reply with quote

mattsprattuk wrote:
It's deemed served once sent, however you send it. Do it by carrier pidgeon if you so desire.



You missed the point Sir.
If everyone who doesn't comply with DVLA 'instruction' and starts abusing the postal system DVLA will then request proof of postage.
That is a logical conclusion to keep everyone honest.
What the rules are at present would become redundant.
It's called progress. Smile
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Old Thread Alert!

The last post was made 14 years, 74 days ago. Instead of replying here, would creating a new thread be more useful?
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