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STONEY!
Brolly Dolly



Joined: 14 Sep 2005
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PostPosted: 14:24 - 23 Mar 2013    Post subject: More DVLA Fuckwittery! Reply with quote

Same old story, they say I didn't post V5, I did, moved house and forgot about it, had mail forwarded from previous address which consisted of about 20 or so demands from intercredit arsebandits.

Now dvla have finally sussed out I have moved and given intercredit my new address I have been getting letters every couple of days here, mostly demanding payment, a couple offering help in the form of payment plans (yeah right) and one saying they wont be in contact again as its now going to court.

I don't particularly fancy a day in court so figured I'd chance writing to the dvla enforcement office explaining things stating the usual section 7 and FOI regarding lost letters responce.

I have now received this letter in reply:

https://i468.photobucket.com/albums/rr47/stoney1/IMG.jpg

https://i468.photobucket.com/albums/rr47/stoney1/IMG_0001.jpg
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STONEY!
Brolly Dolly



Joined: 14 Sep 2005
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PostPosted: 14:29 - 23 Mar 2013    Post subject: Reply with quote

Can any of you bcf legal geniuses give me a rough idea of what to write as a reply?

Am I right in thinking that it doesn't matter what Dvla's position is and that its only the actual law that matters in which case something along the lines of "dont give a fuck what your position is, its the law so STFU and GTFO" put a little more eloquently.
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Marmalade
World Chat Champion



Joined: 28 Apr 2009
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PostPosted: 14:43 - 23 Mar 2013    Post subject: Reply with quote

STONEY! wrote:
Can any of you bcf legal geniuses give me a rough idea of what to write as a reply?

Am I right in thinking that it doesn't matter what Dvla's position is and that its only the actual law that matters in which case something along the lines of "dont give a fuck what your position is, its the law so STFU and GTFO" put a little more eloquently.


Personally I think the way you word it is fine. It is factual and straight to the point.

Send it, see what happens.
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...
Brolly Dolly



Joined: 12 Oct 2009
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PostPosted: 14:45 - 23 Mar 2013    Post subject: Reply with quote

STONEY! wrote:
Can any of you bcf legal geniuses give me a rough idea of what to write as a reply?

Am I right in thinking that it doesn't matter what Dvla's position is and that its only the actual law that matters in which case something along the lines of "dont give a fuck what your position is, its the law so STFU and GTFO" put a little more eloquently.


You are correct, file it under B for Bin.

Pretty sure Paddy will be along shortly to confirm.
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P.
Red Rocket



Joined: 14 Feb 2008
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PostPosted: 14:48 - 23 Mar 2013    Post subject: Reply with quote

Don't have text to hand sorry as on phone.... Check bofh5's thread for words n stuff!
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STONEY!
Brolly Dolly



Joined: 14 Sep 2005
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PostPosted: 15:38 - 23 Mar 2013    Post subject: Reply with quote

Hi paddy

already done the usual message regarding section 7 of interpretations act and foi request, dvla have replied with the above letter.

Im just wondering if theres anything else I can write back with to get em to sod off as I cba with court unless I really have to!
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Casper
World Chat Champion



Joined: 12 Jul 2010
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PostPosted: 15:59 - 23 Mar 2013    Post subject: Reply with quote

That's the stage I got to last time. I thought fuck it and never wrote back. Got two threatening letters from them and nothing since.
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TotalGSXR
Borekit Bruiser



Joined: 28 May 2012
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PostPosted: 16:43 - 23 Mar 2013    Post subject: Reply with quote

If you're that desperate to avoid court, pay the bribe. Otherwise of course they're going to chase you for money. It costs them practically nothing and they've nothing to lose.
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STONEY!
Brolly Dolly



Joined: 14 Sep 2005
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PostPosted: 16:58 - 23 Mar 2013    Post subject: Reply with quote

Im not that bothered about going to court just cba really, if it comes to it I will but if I can get them to drop it before that happens I will.

Doesn't cost me bugger all to ignore their letters or send them a couple either.
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Rogerborg
nimbA



Joined: 26 Oct 2010
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PostPosted: 17:12 - 23 Mar 2013    Post subject: Reply with quote

STONEY! wrote:
Can any of you bcf legal geniuses give me a rough idea of what to write as a reply?

Arkell v. Pressdram 1971.

They not interested in anything that you have to say, they just want your money.

You could refer to them to all the cases that they've lost and say that you'll be asking for your costs.
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andyscooter
World Chat Champion



Joined: 30 May 2009
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PostPosted: 17:23 - 23 Mar 2013    Post subject: Reply with quote

just send the proof of postage

you did get one right
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P.
Red Rocket



Joined: 14 Feb 2008
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PostPosted: 17:32 - 23 Mar 2013    Post subject: Reply with quote

You posted v5 and moved. Not your issue, fulfilled your obligation.

They will not make anything stick, the law says you post, that is it. This has been done.

stick to your guns, get day in court. Rape em
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STONEY!
Brolly Dolly



Joined: 14 Sep 2005
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PostPosted: 17:33 - 23 Mar 2013    Post subject: Reply with quote

No I did not get proof of postage, I attached a 2nd class stamp to an envelope, wrote the address on it, shoved the v5 in it and put it in a postbox as that is all that is required of me by law.

I shouldn't (and don't) have to prove I posted it.
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andyscooter
World Chat Champion



Joined: 30 May 2009
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PostPosted: 18:25 - 23 Mar 2013    Post subject: Reply with quote

no but now you could prove it without any hassle
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P.
Red Rocket



Joined: 14 Feb 2008
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PostPosted: 18:29 - 23 Mar 2013    Post subject: Reply with quote

andyscooter wrote:
no but now you could prove it without any hassle


No hassle, plus 2nd class is nice and cheap, post box is convenient.
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Joncrete Cungle
World Chat Champion



Joined: 31 Jan 2012
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PostPosted: 23:57 - 23 Mar 2013    Post subject: Reply with quote

You posted it first class. Wink The letter is laughable, the usual shoot themselves in the foot the DVLA chimps often come up with when veering off the template letter script.

Section 7 of the Interpretations act 1978 IS THE LAW! It doesn't matter what the DVLA think about this law, if they don't like it or think it doesn't apply to them because they are 'special'. It is the law, end of story.


TL:DR The law trumps company policy.
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Rogerborg
nimbA



Joined: 26 Oct 2010
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PostPosted: 09:23 - 24 Mar 2013    Post subject: Reply with quote

Joncrete Cungle wrote:
You posted it first class. Wink

Interpretations Act doesn't require that, just "the service is deemed to be effected [at] the time at which the letter would be delivered in the ordinary course of post".

Having a clear recollection of sending it 2nd class might even sound more credible, not that it matters since the onus is on the DVLA to prove that it didn't happen.
____________________
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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Walloper
Super Spammer



Joined: 24 Feb 2005
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PostPosted: 09:44 - 24 Mar 2013    Post subject: Reply with quote

Send that Muppet a letter to tell him you never received his blackmail letter.

As there is absolutely no legal requirement for the vehicle keeper to record postage so he is onto a bag of rice.
He is chancing his arm that you will crumble by weight of the pen.

You could arrange to meet him and glass the bastirt...
Or ignore-oh

Anyway, the horse has bolted as they now KNOW the fecking vehicle is no longer kept by you so wot's his beef? Rolling Eyes Very Happy

If it goes to court they'll laff in his face.

Who does he think he is? The Sherriff of Swan-feckin-sea?
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STONEY!
Brolly Dolly



Joined: 14 Sep 2005
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PostPosted: 19:30 - 24 Mar 2013    Post subject: Reply with quote

Righto, cheers for the info all, think I will send them a polite letter telling them to sit and swivel and see how it goes from there.
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Old Thread Alert!

The last post was made 12 years, 298 days ago. Instead of replying here, would creating a new thread be more useful?
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