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krarkol
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PostPosted: 12:13 - 22 Dec 2012    Post subject: DVLA fine Reply with quote

I sold my old knackered suzuki gn125 for £100 around may/june through a friend of a friend.

Never saw the buyer face to face but was passed on the money from my friends parents. I haven't seen my friend properly since but made multiple attempts over facebook to get the address of the person who bought it off my friend who always pretty much said "i'll get it for you later" and failed to do so every time.

I received a letter a couple of week ago saying someones applied for the log book and saying that if there is a change of owner, I should have told them. I was honest (kind of regret it now though!) and told them the story and gave them the name and address that I do know (all I needed was the house number and postcode!) and this morning I received a "bribe" saying I've been fined £55 or see you in court.

Was just wondering what I could do? If I pay before 05/01/13 then I only have to pay £35 but with the time of year and everything it's still not ideal! Is there any way out of this? I doubt I could use the "I sent it, prove I didn't" trick as I've already admitted fault but at the same time I personally don't see why I should be fined over the fact someone else wouldn't give me information. I'm tempted to send my friend the letter saying "here's your fine" Confused
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BigDan1190
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PostPosted: 13:13 - 22 Dec 2012    Post subject: Reply with quote

Well, sounds like you've got a good deal! Just £35 spent to learn a good lesson?!

Sounds fine to me. Man up, pay it, don't fuck up again.
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MaybeGuy
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PostPosted: 13:20 - 22 Dec 2012    Post subject: Reply with quote

BigDan wrote:
Well, sounds like you've got a good deal! Just £35 spent to learn a good lesson?!

Sounds fine to me. Man up, pay it, don't fuck up again.


Stfu. people like you are the reason the dvla still do this.

Send a letter back saying you sent the v5 already, and it's deemed served once sent according to the interpretations act. i've done the very same quite a few times. Write it in a snide and shitty way too, it makes it more fun.
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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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Rogerborg
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PostPosted: 16:05 - 22 Dec 2012    Post subject: Reply with quote

Option 3 is to just ignore it and see if they bother prosecuting you.

You'll know better next time. For complete "peace of mind", all you need is proof of postage. What you actually send them isn't really relevant.
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krarkol
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PostPosted: 16:29 - 22 Dec 2012    Post subject: Reply with quote

Well I haven't got any proof of postage and I still have the V5. I did send a letter stating the only details I have are the new owners name and the street he lives on.

I myself am tempted to go court about it, that way I can express my story to a guy in the middle. Expressing the story to DVLA is always going to be one sided as they are obviously going to think "we can just fine him and make moneys"

The catch is that if I lose, I pay more and no doubt I'll end up expressing my opinion when I have to pay the "victim surcharge" Laughing

BigDan, I see where you are coming from with lesson learnt. I'm 19 and new to the whole business of buying/selling vehicles and log books and the like. I'm not going to sit there and read tons of paragraphs about how not to be fined off a company that cannot actually fine you Laughing
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Rogerborg
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PostPosted: 16:54 - 22 Dec 2012    Post subject: Reply with quote

First thing to do is to stop talking to them about it. Don't give them any more rope to hang you with.

The thing is, you did nob up (twice). Depending how much your time is worth, £35 might be decent value.
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krarkol
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PostPosted: 17:01 - 22 Dec 2012    Post subject: Reply with quote

That's the thing, I doubt I can pull off the usual "I sent it, prove I didn't" seeing as I sent a letter stating why I didn't send it Laughing

Day in court wise, I have a lot of free time so I wouldn't really mind it tbh. Just depends on my chances of winning or losing. I'd rather just pay the £35 if I'm pretty much doomed if it goes court
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LordShaftesbu...
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PostPosted: 17:37 - 22 Dec 2012    Post subject: Reply with quote

BigDan wrote:
Sounds fine to me. Man up, pay it,

What aspect of bending over and taking it equates with "manning up" in your mind?

krarkol wrote:
Day in court wise, I have a lot of free time so I wouldn't really mind it tbh. Just depends on my chances of winning or losing. I'd rather just pay the £35 if I'm pretty much doomed if it goes court

But you don't know if it will go to court. There will be many months of letter after letter, and then it may very well all go away. If you do get a court summons, pay it then.
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BakesBeans
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PostPosted: 18:00 - 22 Dec 2012    Post subject: Reply with quote

Because you have told them your 'story' just pay it and consider it a lesson learnt!

If you hadn't told them, just say you sent the V5 off.
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krarkol
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PostPosted: 18:33 - 22 Dec 2012    Post subject: Reply with quote

I'm thinking that's the best thing really. I've admitted fault and they now have the evidence as such so I might aswell just pay.

Atleast I'll know for next time to just be all like "I sent the log book months ago, what are you talking about?" Laughing
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LordShaftesbu...
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PostPosted: 19:26 - 22 Dec 2012    Post subject: Reply with quote

krarkol wrote:
I'm thinking that's the best thing really. I've admitted fault and they now have the evidence as such so I might aswell just pay.

Why? You don't know that it will go to court, in all probability it won't! Why not wait a bit, there's literally nothing to lose! Doh!
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andym
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PostPosted: 19:30 - 22 Dec 2012    Post subject: Reply with quote

Kinda similar to the situation I had, and I ignored the letter and I received a court summons a few weeks later.

If you have any proof that you sold the bike (it took almost a year for my court summons to come through, but I had paypal invoice, ebay reference, copy of receipt, photocopy of the logbook that was returned to me etc). If you haven't got enough proof that you sold the bike then basically you are fucked
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BakesBeans
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PostPosted: 21:48 - 22 Dec 2012    Post subject: Reply with quote

If you want help with this, check out https://forums.pepipoo.com/

However, they have proof that you didn't send them the V5 (calls will be recorded as you told your 'story').

Are you going to take the risk of them not taking it to court? You would be a fool to do this, and you may as well the reduced fee.
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Rogerborg
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PostPosted: 21:50 - 22 Dec 2012    Post subject: Reply with quote

LordShaftesbury wrote:
Why? You don't know that it will go to court, in all probability it won't! Why not wait a bit, there's literally nothing to lose! Doh!

There's a theoretical £965, plus costs, plus (Jesus wept) "victim surcharge" to lose.
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hornetmike
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PostPosted: 21:56 - 22 Dec 2012    Post subject: Reply with quote

pay the £35 and you've got away lightly
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LordShaftesbu...
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PostPosted: 23:54 - 22 Dec 2012    Post subject: Reply with quote

Rogerborg wrote:
There's a theoretical £965, plus costs, plus (Jesus wept) "victim surcharge" to lose.

I'm not saying he should actually go to court, that would be unwise in his case.
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DonDino
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PostPosted: 01:21 - 23 Dec 2012    Post subject: Reply with quote

LordShaftesbury wrote:
BigDan wrote:
Sounds fine to me. Man up, pay it,

What aspect of bending over and taking it equates with "manning up" in your mind?


Erm... the part where he admits he messed up by not properly obtaining the buyer's details before the transaction was completed? It's always more manly to actually admit your mistakes and take the consequences (esp. when these are just a £35 fine!) rather than not.
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BigDan1190
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PostPosted: 02:54 - 23 Dec 2012    Post subject: Reply with quote

DonDino wrote:
LordShaftesbury wrote:

What aspect of bending over and taking it equates with "manning up" in your mind?


Erm... the part where he admits he messed up by not properly obtaining the buyer's details before the transaction was completed? It's always more manly to actually admit your mistakes and take the consequences (esp. when these are just a £35 fine!) rather than not.


Nail on the head.

/thread.
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MaybeGuy
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PostPosted: 08:00 - 23 Dec 2012    Post subject: Reply with quote

So why does that justify a fine? A paper exercise?
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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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Rogerborg
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PostPosted: 10:47 - 23 Dec 2012    Post subject: Reply with quote

mattsprattuk wrote:
So why does that justify a fine? A paper exercise?

You'd have to take it up with your MP. They're OK with a fine (an actual fine) of up to £1000 for failure to notify.

Viewed one way, it's all about revenue collection and squeezing the pips until we squeak.

Viewed another, it's about road safety and catching kitten killers - or better, deterring us from massacring them in the first place.

Maybe a little from column A, a little from column B.

For the price of a stamp and a certificate of posting it's easy enough to be guaranteed avoid the consequences even if you were to accidentally post them an empty envelope.
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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
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MaybeGuy
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PostPosted: 22:04 - 23 Dec 2012    Post subject: Reply with quote

You don't need to prove you sent it. You could post it in the bin with similar legal effect. It's up to them to prove you didn't, which they can't.
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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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mossi123uk
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PostPosted: 12:24 - 24 Dec 2012    Post subject: Reply with quote

Oh sorry mr dvla it turns out i did send it off on the sale date.
I got confused which vehicle we was on about.
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johnsmith222
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PostPosted: 13:17 - 24 Dec 2012    Post subject: Reply with quote

mattsprattuk wrote:
You don't need to prove you sent it. You could post it in the bin with similar legal effect. It's up to them to prove you didn't, which they can't.


while that is true, it is better to have that piece of evidence which can support you rather than turning up with nothing and being all "prove I didn't send it".
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MaybeGuy
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PostPosted: 05:13 - 25 Dec 2012    Post subject: Reply with quote

bluezedd wrote:
mattsprattuk wrote:
You don't need to prove you sent it. You could post it in the bin with similar legal effect. It's up to them to prove you didn't, which they can't.


while that is true, it is better to have that piece of evidence which can support you rather than turning up with nothing and being all "prove I didn't send it".


Why?

Op, you're an idiot for admitting fault. You will lose now.
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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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Walloper
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PostPosted: 10:42 - 27 Dec 2012    Post subject: Reply with quote

mattsprattuk wrote:
BigDan wrote:
Well, sounds like you've got a good deal! Just £35 spent to learn a good lesson?!

Sounds fine to me. Man up, pay it, don't fuck up again.


Stfu. people like you are the reason the dvla still do this.

Send a letter back saying you sent the v5 already, and it's deemed served once sent according to the interpretations act. i've done the very same quite a few times. Write it in a snide and shitty way too, it makes it more fun.


STFU YOU!!!!

It's 'people like you' who jump the gun and don't read the OP.
He never once said he sent the V5 But he did say he told DVLA what happened. DVLA have his OWN admission of the circumstances so how the fuck can he NOW deny it or say "I posted everything."?

Rolling Eyes

As said, it's a learning curve and pay the £35 move on.
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