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| Tuffers |
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 Tuffers Scooby Slapper

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| LockyUK |
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 LockyUK Brolly Dolly
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| _Troy_ |
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 _Troy_ World Chat Champion

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| Tuffers |
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 Tuffers Scooby Slapper

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| Doovy |
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 Doovy World Chat Champion

Joined: 21 Jul 2008 Karma :   
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 Posted: 16:36 - 28 Jan 2013 Post subject: |
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As above x2.
Because the DVLA didn't send you a letter back.. you're responsible?!  ____________________ Yamaha RXS 100 > Honda CD 250 > Honda Hornet 600 > Honda CBR 600RR > Yamaha RXS 100 > Kawasaki ZX6R J2 > Yamaha FZ1 |
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| P.addy |
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 P.addy Red Rocket
Joined: 14 Feb 2008 Karma :  
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| garth |
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 garth World Chat Champion
Joined: 15 Dec 2004 Karma :    
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| Rogerborg |
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 Rogerborg nimbA

Joined: 26 Oct 2010 Karma :    
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 Posted: 17:33 - 28 Jan 2013 Post subject: |
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"Written off" means nothing. That's between you and your insurers, unless it was scrapped (which it obviously wasn't). What matters is the change of keeper.
| tuffers wrote: | I told them i sent off the logbook but they are saying if i didn't get a letter back then i am responsible to pay the fine and if i don't pay it then they will charge me an extra £1000.. :S |
They, or anyone else, can "charge" you a hundred beelyon dollars, it doesn't mean a damn thing. They enjoy no right to demand a penny from you, let alone to "fine" you.
What you've received is an offer to bribe them in order to avoid the DVLA prosecuting you. That's all that it is.
As for phoning them, you're talking to a "debt" collector. They don't give a stuff what you say, or what the law says. Their only job is to extort money out of you.
First, the 6 month statute of limitation would preclude the DVLA from prosecuting you now. Second they cannot win it anyway, and they should be very well aware of that.
But you're not dealing with the DVLA, you're dealing with their "debt" collectors.
Since you've been daft enough to contact them in the first place, you might as well follow up with a letter saying that no debt exists, that they can provide no contract or court order that shows that it does, and that any further contact from them will be reported to the Financial Ombusman, at their cost. ____________________ 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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| andym |
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 andym World Chat Champion

Joined: 16 Nov 2010 Karma :   
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| arry |
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 arry Super Spammer
Joined: 03 Jan 2009 Karma :    
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| kingsknight |
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 kingsknight World Chat Champion

Joined: 21 Jun 2003 Karma :  
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| raesewell |
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 raesewell Traffic Copper

Joined: 22 Oct 2012 Karma :  
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 Posted: 19:16 - 28 Jan 2013 Post subject: |
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I bet the DVLA will win  |
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| stevo as b4 |
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 stevo as b4 World Chat Champion
Joined: 17 Jul 2003 Karma :   
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| P.addy |
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 P.addy Red Rocket
Joined: 14 Feb 2008 Karma :  
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| Tuffers |
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 Tuffers Scooby Slapper

Joined: 29 Oct 2011 Karma :     
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| Nexus Icon |
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 Nexus Icon World Chat Champion
Joined: 26 Aug 2010 Karma :   
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| Rogerborg |
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 Rogerborg nimbA

Joined: 26 Oct 2010 Karma :    
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 Posted: 21:48 - 28 Jan 2013 Post subject: |
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| tuffers wrote: | Are you sure i would get away with just ignoring them? |
Probably not now that you've made the mistake of contacting them. Like any debt collectors, they will harass you relentlessly now, until you make them stop.
| tuffers wrote: | I don't want to get fined even more money and get taken to court and loose. |
You haven't been fined anything.
Once again: what you have is an opportunity to pay a bribe to escape prosecution.
Can you even be prosecuted though? A Magistrate's court should not accept a case more than 6 months after the "offence" was committed. (Magistrate's Court Act 1980 Section 127). However, I don't know what you've got in your hands, and you should value free non-legal advice on the intardtubes every bit as much as it cost you.
The Interpretations Act 1978 is clear. You have "delivered" the SORN notice the moment you put a 1st class stamp on it and put it in a Royal Mail postbox. That's the end of your responsibility, and the DVLA cannot create a duty on you to do anything more, no matter how hard they stamp their little trotters and say "Can so, can so, can so!"
People here, there and everywhere have used this repeatedly to thrash the DVLA. They don't care though: since these are all decided in County Court, they don't set binding precedents, and they get to keep trying again and again with their on-salary un-qualified bumblers.
But again: if it's more than 6 months from the date of the offence, they shouldn't be able to get it heard by a court in the first place. ____________________ 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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| P.addy |
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 P.addy Red Rocket
Joined: 14 Feb 2008 Karma :  
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| Matt578 |
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 Matt578 Nova Slayer

Joined: 05 Apr 2012 Karma :     
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 Posted: 23:45 - 28 Jan 2013 Post subject: |
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Exactly, Its up to them to prove that you did not send it off, How are they going to prove that?
Maybe they have received it and lost it
Paddy i would love to watch your court case lol ____________________ Your Daddy, Everyone's Friend. |
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| Paulington |
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 Paulington World Chat Champion

Joined: 11 Mar 2009 Karma :   
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 Posted: 00:18 - 29 Jan 2013 Post subject: |
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Tuffers.
As long as you have told the DVLA that you have sent off the V5 to them whenever you sold the motorcycle in question, you can just ignore everything they send you, don't put it in the bin, keep it in a little folder so if it does go to court you can show how much you've been harassed by the DVLA (make a record of ALL calls from them too) in your own home when you have done absolutely nothing wrong.
Every phone call you get just say you sent off the V5 and tell them that it is their job to satisfy the requirement under Section 7 of the Interpretation Act 1978 to prove that you did not send the V5 and then hang up.
If you sent off the V5, don't worry about it, they cannot prove you didn't send off the V5 so their bribes are meaningless and if it ever does get to court the Judge will just quote the above and laugh in their face, just ask Paddy, he's beaten them twice in this manner. !
FYI, not a legal mind, so if the above legalese is wrong, please correct me, it's just what I remember from a previous post. .
Cheers! . ____________________ "Four wheels move the body, two wheels move the soul."
Current Vehicles: '89 Kawasaki KDX200, '99 Yamaha XV535, '00 Honda ST1100 Pan-European, '08 Suzuki GSX-R1000, '08 Mitsubishi Lancer GS4 2.0 TDCi, '15 BMW 1 Series 116d Sport Turbo.
CBT: 27/08/08. Theory: 04/09/09. Module 1: 16/09/09. Module 2: 01/10/09. |
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| Tuffers |
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 Tuffers Scooby Slapper

Joined: 29 Oct 2011 Karma :     
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| Paulington |
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 Paulington World Chat Champion

Joined: 11 Mar 2009 Karma :   
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| Acemastr |
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 Acemastr World Chat Champion
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| Rogerborg |
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 Rogerborg nimbA

Joined: 26 Oct 2010 Karma :    
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 Posted: 00:04 - 30 Jan 2013 Post subject: |
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It depends how worried you'll get by ongoing bluff, bluster and threat.
You may even end up in court. Paddy's on his 3rd go.
Being wrong, and being unable to win against a prepared victim, isn't stopping them. ____________________ 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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| Paulington |
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 Paulington World Chat Champion

Joined: 11 Mar 2009 Karma :   
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 Posted: 02:50 - 30 Jan 2013 Post subject: |
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| Rogerborg wrote: | Being wrong, and being unable to win against a prepared victim, isn't stopping them. |
Roger, you're an intelligent man, I thought what you mentioned above goes without saying.
Of course they won't stop, why would they? The vast majority of people enter brown-trouser mode when they get this "fine" come through the letterbox and pay it off tout suite. I imagine it's quite a lucrative money maker for the little effort required (posting a letter).
The public need to be educated! .
Cheers! . ____________________ "Four wheels move the body, two wheels move the soul."
Current Vehicles: '89 Kawasaki KDX200, '99 Yamaha XV535, '00 Honda ST1100 Pan-European, '08 Suzuki GSX-R1000, '08 Mitsubishi Lancer GS4 2.0 TDCi, '15 BMW 1 Series 116d Sport Turbo.
CBT: 27/08/08. Theory: 04/09/09. Module 1: 16/09/09. Module 2: 01/10/09. |
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Old Thread Alert!
The last post was made 13 years, 157 days ago. Instead of replying here, would creating a new thread be more useful? |
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