dvla took me to court.

[Pol Anorl]

sold zxr #1 in 2013
id been kicked out my dads and had no acess to v5, courier picked bike up dad said he would post v5 off...

fast forward today i got a letter from the courts wanting £310 or warrant for arrest and siezure of goods...

called up to find that i was taken to court by dvla in november for not notifying them about change of keeper, i knew nothing of this, the person on the phone told me they had spoken to my dad and he had told them they dont need my new address as he is giving me all the post that goes there for me.. which is bullshit.

i had no idea about the court date nor the fact the v5 wasn't sent off, i was refused access to the v5 and police didnt care as civil matter.

called up and been told i need to go back to court and plead my case...

what do?

EDIT:

court on tuesday 28th april to tell them i had no knowledge of it and ask for a new court date.

now what the hell should i be doing when i meet the dvla face to face

[Pie-Roe]

You can go and swear in front of a court that you did not receive it, give copies of tenancy agreement etc.

Start by gathering this evidence, and ring the court and find out who to write to with copies of it.
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[wr6133]

Go to court and explain. Though in a nice well prepared way, not messy verbal diarrhoea.

Though I'm not sure how you will do, as you are meant to send the v5 and you didn't. Your old man lying to you is a different thing... or possible mitigation(?).

You could at least get the fine sorted to pay something silly like £1 a week.

[Pol Anorl]

messaged my dad and hes adamant that he sent the v5 off, ive mentioned that the problem is i wasnt told the court where sending letters to his address, im going to see if he denys any letters turning up which i know is bullshit as the courts have on record he phoned them up.

if the v5 was sent then its a case of my end is done all i had to do was get it posted its not my fault they didn't get it?

im not going to lie saying i sent it off and thats all i had to do because i didnt.

[Rogerborg]

A lie would certainly be a lot simpler than the full plot of this drama.

You'll want to make a statutory declaration to the court. Call the convicting court to ask them how and when they'd prefer you to do that.

That's all I'm going to say, since it's to your benefit to deal with one thing at a time. I'd urge you - knowing that it's probably futile - to be calm, brief and factual.
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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

[woo]

a well constructed lie is far easier than the truth

life has taught me that honesty regarding the law and their up holders does you no favors if the law has no evidence of you breaking the law.

sounds like your argument is that it was sent off and the dvla for what ever reason never action the change of keeper, your story i seem to recall is that you sent the V5 to them via 1st class post so as far as your concerned you did your part!

you never received any court letters though, your dad ringing them may complicate that but your dad never told you
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Elen sila lummen omentielvo!

[stinkwheel]

Has the offence in question actually taken place though?

The registered keeper is still the same, ie. you. Yes?

The registered address, while not your current main postal address, is still theoretically one at which you could be reached by post and in which a member of your immediate family is resident. Yes?

My half-a-story sense is tingling.

So I have three main questions.

1) Have you been the registered keeper of the bike throughout?

2) What EXACTLY (chapter and verse) have you been prosecuted for?

3) How did the DVLA find out about this apparent offence? What brought their attention to it?
____________________
“Rule one: Always stick around for one more drink. That's when things happen. That's when you find out everything you want to know.”
I did the 2010 Round Britain Rally on my 350 Bullet. 89 landmarks, 3 months, 9,500 miles.

[Raffles]

[Iain.]

Sign all the court papers as not guilty.

They'll send summons. Go to court where two things will happen;

One;

DVLA guy will pull you to one side before you go in. He pulls out a blank V5 and asks how you filled it in. Tell them how you fill a V5 in. (At this point they bottled it and dropped all charges against me.)

Then explain daddy was being a prick & you diddnn't know if he had destroyed it so you wrote DVLA a letter with the new keepers details. Sent it first class and you put it in a postbox. They then drop the case and you go home.

Two;

You go in. All rise. The offical people come in. You swear on a bible to tell the truth. You get asked why you diddn't send the form off. You tell them you dont know if the form ever did get sent off due to dispute with father so you wrote a letter and posted it first class in a postbox. They make you sign a bit of paper stating as such and you go home.

Innocent till proven guilty. They have to prove you diddnt write a letter and put it in a postbox. Good luck with that in a courtroom

Source - been to Sevenoaks & Maidstone magistrates because of DVLA and won both times. Both times for not sending a V5.

[Wonko The Sane]

isn't it too late for that Iain?

The OP is saying he's been tried in absence as he didn't know they were taking him to court
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[Rogerborg]

Yes, he's already been convicted.

Yes, there's doubtless more to the story.

But given the OP, I'd again stress the importance of keeping him focussed on the one thing that he needs to do now, which is to make a statutory declaration that he was never served with the summons.

For now, that's all that he needs to do (and he needs to do it).
____________________
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

[Pol Anorl]

No half story or missing parts just shortened....

longer:

2013: blew up zxr #1, bought zxr #2 got kicked out of dads and he demanded i moved the #1...

sold #1 to andym on here, he organised courier, dad refused to give me access to v5 or the bike he said he will let courier in and post the v5 himself as id already signed it prior to being kicked at as sale was aranged the day before i got kicked out.

courier collected bike dad told me v5 had been posted.

got letter at my new address (no idea how they found me ive lived her 2 weeks :S )

further steps notice:
the amount you owe is £310.00 as you have failed to make payments as directed yada yada

warrant for arrest
increase in fine
siezure of goods.

phoned up as i thought it would of been for recent court case regarding eviction which it wasnt and id told them i had no idea about it, the woman on the phone says they have on record my dad refused to give my new address to them and would pass the message on to me which he hasn't done.
(ive never been in debt and always make payments on time i like my credit being good so i would of paid the pathetic £80 fine if id known)

the court date for this was november 2014 which i had no idea about or i would of gone.

now ive been told i have to go to a dvla court 30 miles away in march to swear that i had no idea about it to be given a new court date to fight this case.. so either way im still going to end up in court against doovla explaining the same thing.

[duhawkz]

take your dad to court for the money to pay dvla.

maybe you could end up on Judge Rinder or Jeremy Kyle
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"The guy is a worthless cunt and I honestly believe I would be a slightly happier person if he died." - Chris-Red

[Rogerborg]

[blueglue]

So original fine for not taxing the bike?

I assume andym may or may not have registered it at a later date. (V62?)

The first thing you need to do is have your post forwarded as it doesn't cost a lot. As all the redirected stuff turns up ring up each company up and get it changed.

[bogof]

[Rogerborg]

[Pol Anorl]

from what i was told on the phone, the court im going to has a special dvla section which is why i can't do it at my local court (sounds bullshit)

i was also told that once ive sworn that i knew nothing about it i will then be given a new court date that i can attend and plead my case.

had a call earlier to say its now moved to april.. i can see this being dragged out a long time.

https://i.imgur.com/537JohU.jpg

[Pol Anorl]

[Rogerborg]

[Pol Anorl]

many decisions to make, i don't feel i should have to pay for it not being sent off but as you say, the courts wont give a toss about the issues with being refused access to the v5.

i was told it was posted... so interpretations act would stand in this case as it "was" posted, i can't say if it was or wasn't posted as my dad said he did post but this is the first time ive had an issue with it and he withheld my post.

either way ive got both options prepared, full tenancy agreements from the properties ive lived in since being kicked out my dads and can easily get a letter written up to state i was kicked out of my dads if need be.

he told me it was posted therefore it was posted my part of the job is done its down to royal mail to get it there.

[Raffles]

[Commuter_Tim]

Didn't I read on hear that about a year or so ago, the burden of proof is on us now that we send things to the DVLA? (Something about precedent being set with a court case where someone lost due to not having proof of postage)
Rather than the logical way it was previously since the aforementioned are a bunch of complete fuckups.

(hoping someone with basic literacy skills can verify my half remembered claim)
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The above post is most likely nonsensical.

I ride a Bandit 600... badly.

[Rogerborg]

[Commuter_Tim]

Yeah yeah Scotty, if you're so good, where's your independance now?

...That is the thread I was referring to cheers.
Since reading that I've sent everything recorded delivery to those arseholes, no exceptions.
____________________
The above post is most likely nonsensical.

I ride a Bandit 600... badly.