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CaNsA vs DVLA (yes another DVLA thread)

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CaNsA
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PostPosted: 12:16 - 09 Nov 2012    Post subject: CaNsA vs DVLA (yes another DVLA thread) Reply with quote

When my CBR was nicked, written off, bought back, sold to a mate in april last year I sent in my V5C to the DVLA.

Fast forward to this week and a "The amount you owe is £250" letter from the courts drops.

So I give them a call, turns out the DVLA hadn't received my V5C and summoned me to court but sent the summons to my old old old address.

So.... I have to goto Wirral Mag. Courts on tuesday, sign a declaration stating I never received a summons.
Then the DVLA will start the prosecution process again.

Now, where's that thread where the DVLA gets bitch slapped by their own legislation ?
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Raffles
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PostPosted: 12:23 - 09 Nov 2012    Post subject: Re: CaNsA vs DVLA (yes another DVLA thread) Reply with quote

CaNsA wrote:
Now, where's that thread where the DVLA gets bitch slapped by their own legislation ?

https://www.bikechatforums.com/viewtopic.php?t=185543&highlight=interpretations+act
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CaNsA
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PostPosted: 14:34 - 09 Nov 2012    Post subject: Reply with quote

Ta very much. Thumbs Up
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U_W v2.0
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PostPosted: 14:50 - 09 Nov 2012    Post subject: Reply with quote

did you get proof of postage when you sent the V5?

if so do you still have it?

if you do, sign the failed to receive summons decleration, let DVLA take you back to court and just stand there waving the POP in the air giggling like a little girl.

i very much doubt a court can argue it.

granted, POP only proves you sent *something* to the dvla but once you present POP for it, it then becomes soley their responsibility to prove beyond reasonable doubt you did not send it.

and in all honesty, unless you get a cage loving, bike hating muther of a judge, they probably wont let it get that far.

solid peice of advise for others?

sell/scrap/give your bike to someone else? send off the V5 yourself and get POP. Proof of postage is essentially a receipt from the post office.

yes it means you have to stand in line, however it could be the difference between a really bad day and a headache or laughing at the dvla as they loose.

oh, take that POP and chuck it in whatever safe/folder/draw you keep all your other vehicle related documents in and forget about it. its a small piece of paper which takes barely any room so even after 10 years it might still be useful
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Turkish
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PostPosted: 15:59 - 09 Nov 2012    Post subject: Reply with quote

Usually_Wrong wrote:
...


He doesn't need anything.

The onus is on the DVLA to prove he did not post it using an appropriate method as quoted in the thread above

Quote:
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.


So unless they can prove he didn't post it, he's in the clear.

Good luck Cansa Thumbs Up
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U_W v2.0
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PostPosted: 16:02 - 09 Nov 2012    Post subject: Reply with quote

yes but for the sake of 5 minutes in a queue it saves a whole lot of messing around. and not only that you can scan/photocopy the POP and send to the dvla solicitors or whoever and it probably wont even go to court.
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covent.gardens
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PostPosted: 17:37 - 09 Nov 2012    Post subject: Reply with quote

https://4.bp.blogspot.com/-UIxlTvn-C54/Tljz7xu-46I/AAAAAAAABnU/9i4X1wzE2QA/s400/knot-hangmans-noose-black-backdrop-copy.jpg

Covent.gardens hopes for swift justice.
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LockyUK
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PostPosted: 17:50 - 09 Nov 2012    Post subject: Reply with quote

exactly as turkish said, the onus is on them, even if they was to challenge whether it was posted or not (it will not happen, they would be accusing him or telling porkies) then cansa can start proceedings against them for slander / libel

lol
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Rogerborg
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PostPosted: 19:19 - 09 Nov 2012    Post subject: Reply with quote

OK, I agree about getting proof of postage, but as sickpup noted, the DVLA bother don't get it, so why should we? If a court is going to take their word for it that they sent anything out, then it should take ours as well.
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cb1rocket
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PostPosted: 22:48 - 09 Nov 2012    Post subject: Reply with quote

there was a standard letter that you could use to adjust to your needs and use that.

read this https://www.bikechatforums.com/viewtopic.php?t=195188&postdays=0&postorder=asc&highlight=dvla&start=0
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sickpup
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PostPosted: 22:57 - 09 Nov 2012    Post subject: Re: CaNsA vs DVLA (yes another DVLA thread) Reply with quote

CaNsA wrote:
When my CBR was nicked, written off, bought back, sold to a mate in april last year I sent in my V5C to the DVLA.


You realise the only way to get out of this is to hang your mate out to dry?
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CaNsA
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PostPosted: 23:02 - 09 Nov 2012    Post subject: Reply with quote

How do you mean?
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sickpup
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PostPosted: 23:05 - 09 Nov 2012    Post subject: Reply with quote

Well if the vehicle was still in your name not his he failed to notify a change in keeper therefore he committed an offence.
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CaNsA
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PostPosted: 23:21 - 09 Nov 2012    Post subject: Reply with quote

So i cant just say that i sent it off?

I have to shop him?
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sickpup
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PostPosted: 23:24 - 09 Nov 2012    Post subject: Reply with quote

CaNsA wrote:
So i cant just say that i sent it off?

I have to shop him?


No you say you sent it off and he failed to send the V5c off after 6-8 weeks pushing the blame onto him. Or of course you can just accept the fine.
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U_W v2.0
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PostPosted: 23:33 - 09 Nov 2012    Post subject: Reply with quote

wait, unless im missing something, then as long as his mate completed the V5 and left it with cansa so post off then he hasnt really commited an offence.

forgetting that your expecting a V5 could be easily forgotten about.

i dont see how his mates commited any offence if cansa was the one sending th V5 off after its filled in with his mates details and signature.
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Llama-Farmer
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PostPosted: 23:41 - 09 Nov 2012    Post subject: Reply with quote

sickpup wrote:
Well if the vehicle was still in your name not his he failed to notify a change in keeper therefore he committed an offence.


The new keeper gets the little slip.

Old keeper sends off the V5 with the new keeper details in.
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Clutchy
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PostPosted: 00:20 - 10 Nov 2012    Post subject: Reply with quote

Usually_Wrong wrote:
wait, unless im missing something, then as long as his mate completed the V5 and left it with cansa so post off then he hasnt really commited an offence.

forgetting that your expecting a V5 could be easily forgotten about.

i dont see how his mates commited any offence if cansa was the one sending th V5 off after its filled in with his mates details and signature.


I believe if after 6-8 weeks if you haven't received the v5 from dvla you have to request one? Or Cansa should have done something after 6-8 weeks as, if he diddnt recieve an acknowledgement letter saying the transfer has been completed. I know i received one, I always worry if Its been done, dont trust the dvla fo' shit.
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CaNsA
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PostPosted: 00:38 - 10 Nov 2012    Post subject: Reply with quote

sickpup wrote:
CaNsA wrote:
So i cant just say that i sent it off?

I have to shop him?


No you say you sent it off and he failed to send the V5c off after 6-8 weeks pushing the blame onto him. Or of course you can just accept the fine.


They dont know i sold it to a mate.

I sent it off, thats my job done.
Anything else after that is not my responsibility, right?
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Amnesty
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PostPosted: 08:09 - 10 Nov 2012    Post subject: Reply with quote

CaNsA wrote:

They dont know i sold it to a mate.

I sent it off, thats my job done.
Anything else after that is not my responsibility, right?


They don't know, but you should have proof/record of who bought it, and you'd have to tell them this to pass the responsibility onto your friend if you wanna open that tin of beans
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CaNsA
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PostPosted: 09:22 - 10 Nov 2012    Post subject: Reply with quote

I sent my "record" off to them.
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lozzypop1
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PostPosted: 18:45 - 10 Nov 2012    Post subject: Reply with quote

How has he been taxing the vehicle?
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CaNsA
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PostPosted: 21:34 - 10 Nov 2012    Post subject: Reply with quote

Not my problem.

Anything past "me posting the v5" doesnt concern me.
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Old Thread Alert!

The last post was made 12 years, 289 days ago. Instead of replying here, would creating a new thread be more useful?
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