FFS - DVLA fine for not notifying change of keeper

[owl10]

Hi all,

Strictly speaking not bike chat, as it is related to an old car of mine, but I know a few of you have had similar issues (sickpup...) and have a legal position on this so hoping for some advice - Mods please move if needed (although this can relate to bikes as well).

Family just informed me Im being offered a bribe not to take me to court for failure to notify change of keeper for a vehicle. Ive not seen the letter yet as Im Korea, but Im getting someone to scan and send to me.

To cut a long story short, I know 100% I sent the letter, I know which postbox i used, but i 'Only' sent it first class. SWMBO watched me post it (I think).

I did not recieve a notification that they recieved it, but chasing the DVLA to make sure that thy and royail mail are completing thier jobs properly hasnt been top of my prioritys recently.

A few weeks after selling the vehicle, I had a speeding ticket courtesy of the muppet new owner. I wrote a very sarky reply to Avon and somerset constabulary saying I no longer had the car and they should check with the DVLA (as other than writing the V5 i did not know who they are and this was in the post to DVLA, and therefore could obviously not know who the new driver was, even if i did no the new keeper).

I dont want to pay for the DVLA / Royail Fail's mistake.

Question -

My leagl position - Is "I put it in x postbox on x date with A.N.Other as as witness" good enough for a defence?

Given the fact Ive told the constabulary, on their enquiry, the vehicle is no longer in my possesion can I argue that I have technically also told the government (and therefore the DVLA) about the change of ownership? Can I use this statement ot the Polis as proof I sent it ( as of course I wouldnt lie to the Polis..... Would I?).

Cheers!
____________________
DanceLikeAMonkey says: "An infinte amount of web pages available
Yet I still end up reading crap like that"

[Hetzer]

You stating you posted it is all you need, tell the DVLA to go fuck itself.
____________________
"There's the horizon! Ride hard, ride fast and cut down all who stand in your way!"

[P.]

Quote the interpretations act and state you posted at this postbox on x date (close to car sale date)

Got me off going to court a 2nd time and sorted me on my first court appearance.

[ElliotReidMD]

A month or so ago I sold an old car I'd had on my drive for a few years to some bloke who knocked at the door. He wrote his name and address on the log book and I posted it off recorded delivery.

Last week i got a letter from the DVLA saying the address didn't exist and could I inform them of the name and address of the purchaser. Well, no I can't as he wrote it on the log book and I posted it, I didn't record it as why should I?

I am half expecting the DVLA to try and give me some grief over this going by how incompetent they sound.
____________________
Current Bike: Kawasaki Versys

[Joncrete Cungle]

You posted it first class to the DVLA, you have fulfilled your statutory obligations. See the interpretations act 1978.

https://www.legislation.gov.uk/ukpga/1978/30/section/7

[owl10]

Thanks all.

No intention of paying them, they get enough of my money as it is.
____________________
DanceLikeAMonkey says: "An infinte amount of web pages available
Yet I still end up reading crap like that"

[_Iain_]

Had court last week to do a stat dec regarding this.

Apparently DVLA feel it acceptable to send all the warnings, fines etc up to number 134, then send the final demand "you will be paying us £300 or the bailiffs will be coming" to my doorstep.

However they managed to get the logbook to me at 138 in the first place?
____________________
Please be aware that the above post may be full of complete nonsense.
Riding: '07 KTM Duke II, Baotian BT49QT-20 Driving: '88 Volvo 340

[damienbish]

I had this happen as well. However i didn't receive any correspondence from them until a magistrates court fine landed on my doorstep!
I'd moved house and although i'd changed my address on my license apparently DVLA aren't intelligent enough to cross reference their vehicle database and license database.
To cut a long story short I rang them told them as far as the law is concerned by me posting the change of keeper i had 'served' them with the required documents and they had no chance of getting a penny out of me.
10 minutes in court later and a statutory declaration made all was sorted from the court fine point of view.
After this i was expecting DVLA to send me the original 'bribe' to not go to court over the matter but i heard nothing.
Rang them about two months later to double check they weren't being completely retarded and sending correspondence to my old address again and was told that they had no intention of trying to chase me for any money.

All in all, dont give em a penny!