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| almac912 |
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almac912
L Plate Warrior
Joined: 02 Jun 2013
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| P.addy |
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P.addy
Red Rocket
Joined: 14 Feb 2008
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 Posted: 16:02 - 02 Jun 2013  Post subject: |
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Keep quiet until you see court papers. Say nothing and do nothing. When I'm back at my computer ill provide details for you.
done this loads of times now  |
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| krarkol |
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krarkol
World Chat Champion
Joined: 17 Oct 2012
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| Posted: 16:10 - 02 Jun 2013 Post subject: |
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Debt collecting for a contract that you never agreed too. It is rather funny 
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Bandit 600 - deaded |
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| almac912 |
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almac912
L Plate Warrior
Joined: 02 Jun 2013
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| P.addy |
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P.addy
Red Rocket
Joined: 14 Feb 2008
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| Posted: 17:32 - 02 Jun 2013 Post subject: |
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Edit this text as you see fit.
Read it and understand it though.
| Quote: | To whom it may concern
Regarding the apparent lack of V5/new keeper issue with "Suzuki GS500E K159 PDY."
I received your letter 13/01/2013 and telephoned your office as requested and spoke to one of your colleagues. He advised me to put in writing everything I told him. Please note although I have been advised NOT to disclose my defence should this matter go to court, but as a matter of goodwill on my part have decided to and hopefully this letter will resolve any issues and the court proceeding will cease.
I sold this motorcycle as spares/repairs in February 2010 to "Matt" I believe his name was after having an RTC on 25/12/2009, and mailed the V5 document via 1st class post (as I have always done when selling a bike – with no problems, I go through a lot...feel free to check my history!). It wasn’t till late 2012 until I received a letter saying that somebody was applying to be the registered keeper of this vehicle and to ignore the letter if this was OK, so I ignored the letter. A month later I received another letter stating that I was being fined for failure to notify a change of registered keeper. I telephoned your office regarding this letter and the person I spoke to was extremely unhelpful and didn’t listen to what I had to say. Basically he told me to pay the fine or go to court.
Below are some legal points of which I have followed.
The Road Vehicles (Registration and Licensing) Regulations 2002
“Change of keeper: registration document issued in Great Britain on or after 24th March 1997 and the new keeper not a vehicle trader
22. (2) The registered keeper of the vehicle -
(a) if the registration document issued in respect of the vehicle is in his possession, shall deliver to the new keeper that part of the document marked as the part which is to be given to the new keeper; and
(b) shall forthwith deliver the remainder of the registration document to the Secretary of State, duly completed to include the following -
(i) the name and address of the new keeper;
(ii) the date on which the vehicle was sold or transferred to the new keeper;
(iii) a declaration signed by the registered keeper that the details given in accordance with paragraph (i) are correct to the best of his knowledge and that the details given in accordance with paragraph (ii) are correct; and
(iv) a declaration signed by the new keeper that the details given in accordance with paragraphs (i) and (ii) are correct.”
Interpretation Act 1978
*specifically*
7 References to service by post
“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.”
As I previously stated I used 1st class post to “deliver” the V5 document which complies with both regulations above.
The DVLA states that I have no defence because I did not receive confirmation from them. This confirmation letter from the DVLA is not a legal requirement!
As stated in Human Rights Act 1998, Schedule 1, Article 6, section 2
“Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law. "
I have no proof of posting the V5 document because I have never done so before. I also believe that I should not have to prove that I posted the V5 document and if this matter does indeed go to court it should be down to the DVLA to prove that I did not.
I look forward to receiving your comments on this matter
Kind regards
Patrick Newman |
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| almac912 |
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almac912
L Plate Warrior
Joined: 02 Jun 2013
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| P.addy |
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P.addy
Red Rocket
Joined: 14 Feb 2008
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| Tuffers |
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Tuffers
Scooby Slapper
Joined: 29 Oct 2011
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| Rogerborg |
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Rogerborg
nimbA
Joined: 26 Oct 2010
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| Posted: 08:30 - 03 Jun 2013 Post subject: Re: DVLA Debt recovery |
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| almac912 wrote: | The scooter was returned to me and I sold it through Ebay. I duly sent off my part of the V5 but it seems the other party haven't. [...]
Basically I don't want to pay a fine when I believe I have done what I should have and its the buyers who have failed to do their bit.
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Nope, the responsibility is entirely on you, it has nothing to do with the buyer.
However, your responsibility is only to send off the change of keeper, not to ensure that the Royal Mail and DVLA do their jobs.
See the Interpretations Act 1978 Section 7.
Next time, get (and keep) a free "certificate of posting", it'll make your life easier when this happens. You don't need it though, not for what you're being accused of.
As Paddy says, ignore it until and unless you receive an actual court summons. If you respond, you'll just provoke the "debt" collectors to harass you harder.
____________________
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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Old Thread Alert!
The last post was made 13 years, 104 days ago. Instead of replying here, would creating a new thread be more useful? |
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