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| WULFSTAN THE 2nd |
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 WULFSTAN THE 2nd Borekit Bruiser

Joined: 19 May 2012 Karma :     
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 Posted: 20:47 - 28 May 2012 Post subject: dvla why |
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so i sold my cb 500 in feb no problems at all send all the paperwork off and everything is fine.get home from work today to find a letter of them saying i failed to tell them i had sold the bike and they want £50 off me WTF  ____________________ CBR 600 F L 1990 |
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| WannaBeDude |
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 WannaBeDude World Chat Champion
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| WULFSTAN THE 2nd |
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 WULFSTAN THE 2nd Borekit Bruiser

Joined: 19 May 2012 Karma :     
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| Quornholio |
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 Quornholio World Chat Champion
Joined: 11 Jun 2011 Karma :     
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| P.addy |
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 P.addy Formerly known as P.
Joined: 14 Feb 2008 Karma :  
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 Posted: 21:02 - 28 May 2012 Post subject: |
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They'll take you to court, read up interpretations act 1978 and win.
Simple  |
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| cb1rocket |
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 cb1rocket World Chat Champion
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| Raffles |
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 Raffles World Chat Champion
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| WULFSTAN THE 2nd |
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 WULFSTAN THE 2nd Borekit Bruiser

Joined: 19 May 2012 Karma :     
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| Quornholio |
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 Quornholio World Chat Champion
Joined: 11 Jun 2011 Karma :     
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| cb1rocket |
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 cb1rocket World Chat Champion
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| Jersum |
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 Jersum Scooby Slapper
Joined: 03 Feb 2010 Karma :   
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| Rogerborg |
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 Rogerborg nimbA

Joined: 26 Oct 2010 Karma :    
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| map |
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 map Mr Calendar

Joined: 14 Jun 2004 Karma :     
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 Posted: 09:02 - 29 May 2012 Post subject: |
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| WULFSTAN THE 2nd |
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 WULFSTAN THE 2nd Borekit Bruiser

Joined: 19 May 2012 Karma :     
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 Posted: 14:40 - 29 May 2012 Post subject: |
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got a link?[/quote]
There you go.[/quote]
thanks  ____________________ CBR 600 F L 1990 |
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| Dean-J |
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 Dean-J Crazy Courier
Joined: 30 Oct 2011 Karma :  
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 Posted: 15:58 - 29 May 2012 Post subject: |
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I have a letter that is 100% guaranteed to get them to drop it. Have used it 4 times now Just amend to suit your details. Your welcome!
Dear Sir/Madam,
I received your letter dated ?????? regarding the non notification of change of ownership for vehicle: 12345
I sold this car in ???????, and mailed the V5 document via 1st class post (as I have always done when selling a car – with no problems!). It wasn’t 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.
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
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 |
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| WULFSTAN THE 2nd |
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 WULFSTAN THE 2nd Borekit Bruiser

Joined: 19 May 2012 Karma :     
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 Posted: 16:43 - 29 May 2012 Post subject: |
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| Dean-J wrote: | I have a letter that is 100% guaranteed to get them to drop it. Have used it 4 times now  Just amend to suit your details. Your welcome!
Dear Sir/Madam,
I received your letter dated ?????? regarding the non notification of change of ownership for vehicle: 12345
I sold this car in ???????, and mailed the V5 document via 1st class post (as I have always done when selling a car – with no problems!). It wasn’t 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.
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
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 |
cheers  ____________________ CBR 600 F L 1990 |
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| scream aim fire |
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 scream aim fire Scooby Slapper

Joined: 10 Feb 2009 Karma :     
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 Posted: 17:45 - 29 May 2012 Post subject: |
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Sort of similar question, my last bike was written off on the 5th of march, I sent off the log book to the scrap company but haven't received a confirmation letter, the tax runs out on the bike in 2 days (got the reminder 2 weeks ago)
I tried calling the DVLA to make sure but apparently they have no manned phone lines and you have to do EVERYTHING in writing
Should I be worried about the tax expiring? ____________________ CBT PASSED 18/01/09 THEORY PASSED 14/04/09 DAS PASSED 17/04/09 3 minors wet test.
Bikes: 2009 Aprilia RS125 (PX'D) - A1P ZX6R - Stolen -Triumph Daytona 600 -wrote off via BMW
Current bike: P7F ZX6R |
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| Rogerborg |
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 Rogerborg nimbA

Joined: 26 Oct 2010 Karma :    
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| U_W v2.0 |
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 U_W v2.0 World Chat Champion

Joined: 07 May 2012 Karma :  
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| Kickstart |
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 Kickstart The Oracle

Joined: 04 Feb 2002 Karma :     
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| scream aim fire |
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 scream aim fire Scooby Slapper

Joined: 10 Feb 2009 Karma :     
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| Fizzer Thou |
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 Fizzer Thou World Chat Champion

Joined: 06 Aug 2011 Karma :     
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| Kickstart |
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 Kickstart The Oracle

Joined: 04 Feb 2002 Karma :     
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Old Thread Alert!
The last post was made 13 years, 283 days ago. Instead of replying here, would creating a new thread be more useful? |
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