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DVLA demanding money for a bike i dont own

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Tuffers
Scooby Slapper



Joined: 29 Oct 2011
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PostPosted: 16:22 - 28 Jan 2013    Post subject: DVLA demanding money for a bike i dont own Reply with quote

I got a letter from collectica this morning stating that i haven't paid tax for a bike that i wrote off and gave to a family friend 3 years ago.

On the letter it says i have to pay £80 for a late licencing penalty in 2011, but the problem is i haven't owned the bike since half way through 2010 and it was wrote off in 2009.

Ive phoned them up and they are having none of it saying that i apparently haven't notified the DVLA that i don't own it and because i don't have an acknowledgment letter i am responsible for ownership :S Also they said i might get more fines every year if i dont tell them that i have got rid of the bike.

I have no intention of paying this fine as the date of offence is September 2011 and i hadn't owned the bike for over a year from then.

Can anyone give me advice as to what i can do about this please?
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LockyUK
Brolly Dolly



Joined: 22 Dec 2011
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PostPosted: 16:24 - 28 Jan 2013    Post subject: Reply with quote

tell them you sent off a change of ownership, the onus is on them to prove you DIDN'T rather than you to prove to them, fuck em
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_Troy_
World Chat Champion



Joined: 11 Feb 2011
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PostPosted: 16:28 - 28 Jan 2013    Post subject: Reply with quote

As above, don't pay and ignore their ballshit.
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Tuffers
Scooby Slapper



Joined: 29 Oct 2011
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PostPosted: 16:33 - 28 Jan 2013    Post subject: Reply with quote

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

I also told them i moved house twice since then so even if i did get a letter back, i didn't receive it.


Last edited by Tuffers on 16:37 - 28 Jan 2013; edited 1 time in total
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Doovy
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PostPosted: 16:36 - 28 Jan 2013    Post subject: Reply with quote

As above x2.

Because the DVLA didn't send you a letter back.. you're responsible?! Laughing
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P.addy
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Joined: 14 Feb 2008
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PostPosted: 16:36 - 28 Jan 2013    Post subject: Reply with quote

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


You aren't, its all bullshit.

Say you sent it 1st class. Problem solved.
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garth
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PostPosted: 17:26 - 28 Jan 2013    Post subject: Reply with quote

I got a letter from the DVLA saying much the same as above, for a vehicle I've never even owned.
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Rogerborg
nimbA



Joined: 26 Oct 2010
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PostPosted: 17:33 - 28 Jan 2013    Post subject: Reply with quote

"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.
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andym
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PostPosted: 17:44 - 28 Jan 2013    Post subject: Reply with quote

similar to my problem last year... They were about to take me to court in december, and I sent them all the proof that I had about selling the bike, and to prove that I hadn't sent the completed v5 back to them after they returned it to me..... they dropped the case after that.

Contact the police or insurance companies, get proof that the bike was sold/destroyed/written off etc and send it too them with a snotty letter telling them to go fuck themselves basically
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arry
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Joined: 03 Jan 2009
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PostPosted: 18:33 - 28 Jan 2013    Post subject: Reply with quote

Rogerborg wrote:
"stuff"


It's a good post is that.

Doovy wrote:
Because the DVLA didn't send you a letter back.. you're responsible?! Laughing


Actually if you read the gumph that comes with your V5 it'll explain such to you - it does provide info on what's expected of you when you sell a vehicle and if you don't get the confirmation letter you are to chase it - ie onus and emphasis on 'if you don't hear from us, assume we didn't hear from you and try again' ie throwing it back in your court.
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kingsknight
World Chat Champion



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PostPosted: 18:56 - 28 Jan 2013    Post subject: Reply with quote

The DVLA is a bunch of monkeys! My best mate had this with a bike which got stolen. Took weeks to get it sorted. Had to get the police to contact dvla which took ages.
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raesewell
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Joined: 22 Oct 2012
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PostPosted: 19:16 - 28 Jan 2013    Post subject: Reply with quote

I bet the DVLA will win Very Happy
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stevo as b4
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PostPosted: 19:26 - 28 Jan 2013    Post subject: Reply with quote

raesewell wrote:
I bet the DVLA will win Very Happy


I really do doubt it tbh!

If it were me id just sit on my arse now, and not do a thing. All letters from the DVLA would go in the bin un-opened. Let them do what they want now, they cannot take a penny from you it's their system fuck up and their tough shit!
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P.addy
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Joined: 14 Feb 2008
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PostPosted: 19:32 - 28 Jan 2013    Post subject: Reply with quote

raesewell wrote:
I bet the DVLA will win Very Happy


They've lost against me twice, a floppy haired 20ish year old.
They will lose again on the 19th.

You have too much faith in the retarded nuggets that run the department of various lost articles.
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Tuffers
Scooby Slapper



Joined: 29 Oct 2011
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PostPosted: 20:09 - 28 Jan 2013    Post subject: Reply with quote

Are you sure i would get away with just ignoring them? I don't want to get fined even more money and get taken to court and loose.
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Nexus Icon
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Joined: 26 Aug 2010
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PostPosted: 20:34 - 28 Jan 2013    Post subject: Reply with quote

Well, I wouldn't ignore them now that you've acknowledged them but I would tell them, in no uncertain terms, that you did post the V5 back to the DVLA and that any further contact will be considered harassment.
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Rogerborg
nimbA



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PostPosted: 21:48 - 28 Jan 2013    Post subject: Reply with quote

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. Wink

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.
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P.addy
Red Rocket



Joined: 14 Feb 2008
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PostPosted: 22:06 - 28 Jan 2013    Post subject: Reply with quote

Rogerborg wrote:
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).


Oooh thrilling information. My court appearance is in a magistrates court. It is well over 2 years old. Laughing
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Matt578
Nova Slayer



Joined: 05 Apr 2012
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PostPosted: 23:45 - 28 Jan 2013    Post subject: Reply with quote

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 Wink

Paddy i would love to watch your court case lol
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Paulington
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PostPosted: 00:18 - 29 Jan 2013    Post subject: Reply with quote

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. Laughing!

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. Mr. Green.

Cheers! Thumbs Up.
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Tuffers
Scooby Slapper



Joined: 29 Oct 2011
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PostPosted: 22:51 - 29 Jan 2013    Post subject: Reply with quote

So i can stop worrying about it and file anything they send me? Should i send DVLA a letter saying i sent the V5 away 15 months before the alleged offence?
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Paulington
World Chat Champion



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PostPosted: 23:57 - 29 Jan 2013    Post subject: Reply with quote

tuffers wrote:
So i can stop worrying about it and file anything they send me? Should i send DVLA a letter saying i sent the V5 away 15 months before the alleged offence?

Hey Tuffers.

Just take every letter they send you and file it. Don't send them anything or contact them in any way, ignore them. If they call you then just quote what what I said in my other post and hang up. Mr. Green.

Cheers! Thumbs Up.
____________________
"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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Acemastr
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PostPosted: 23:59 - 29 Jan 2013    Post subject: Reply with quote

My GF has the exact same problem but with a car, because she is the 'registered owner', even though the slip was sent off, they are demanding money, basically they are trying to get the money from anyone they can.

Even the DVLA told her to send proof again and ignore the warnings, but the warning letters keep on coming.
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Rogerborg
nimbA



Joined: 26 Oct 2010
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PostPosted: 00:04 - 30 Jan 2013    Post subject: Reply with quote

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.
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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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Paulington
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PostPosted: 02:50 - 30 Jan 2013    Post subject: Reply with quote

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! Laughing.

Cheers! Thumbs Up.
____________________
"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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