DVLA nonsense.. fine or threatened with court?

[bikertomm]

Hi lads,

After a bit of advice.

I sold my 125 back in may, 06/05/13.

I actually sold it to a mate. I sent off the V5 to the DVLA and thought that was that.

On the 23rd January 2014 I received this out the blue:

https://i1145.photobucket.com/albums/o520/bikerrtomm/Mobile%20Uploads/1dv_zpsfe20894f.jpg

That basically told me that they think I am still the registered keeper - WTF?

I wrote to them and told them I sold it on the 06/05/13 and that I filled out the V5 accordingly and sent it off. I signed this and sent it on the 31/01/14.

I thought that was all good, and yesterday I got this:

https://i1145.photobucket.com/albums/o520/bikerrtomm/Mobile%20Uploads/2dv_zps87e9bbaf.jpg

They are basically telling me that because I told them when it was sold, they want to fine me and take me to court?

I told them I sent off the V5 accordingly.

I'm not keen on their bullying tactics and as far as I'm concerned I haven't done anything wrong, they simply haven't received it or misplaced it. Am I fucked because I don't have proof of postage?

I know for a fact it was sent, I remember the post box, my parents are witnesses and the bike was sold to a mate ffs!

I did a quick search and found this:

"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

Quote:
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.


You need to write to the DVLA and inform them you have complied with the law. You will not be paying any bribes and will see them in court if needed. If it looks like the Department of Various Lost Articles are stupid enough to haul you in to court you can look in to a local solicitor sorting out an affidavit stating that you posted it first class on xx day at xx post box witnessed by xxx. It cost me £10, but sadly the DVLA folded just before court."

Would this be any use?


Appreciate any advice.

Cheers,
Tom
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07' Honda Hornet now full powaah! My guide on performing an oil change!

[P.addy]

You has PM

[bikertomm]

Cheers Paddy!

Why do they take people to court all the time if they lose?

I've never been, do you think they will try and take me when I reply?

Nice one
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07' Honda Hornet now full powaah! My guide on performing an oil change!

[Wafer_Thin_Ham]

[dydey90]

It would be petty to take somebody to court for such a small amount, but then again my best mate got taken to court by National Rail over the sake of 80p. Case fell through because they'd sent all his notice letters to the wrong address >.<
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This post is probably not serious and shouldn't be taken literally.
Past: CBR125,ER6f NINJA 650, ZZR600 Current: VFR750

[P.addy]

No idea, they haven't learnt their lesson though, I've been 3 times, 3 separate offences, all thrown out, they have to pay costs every single time. They might as well remove my name from the list of people they chase.

[bikertomm]

Mongtards.

Will be drafting this beast of a letter tonight.

Cheers
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07' Honda Hornet now full powaah! My guide on performing an oil change!

[P.addy]

[clancy]

Fight it, they are cunts.

Last year I got a fine for not taxing my golf or sorning it. I told them it had been crushed a year ago and that I had informed them it was crushed, they said I hadn't and so fined me for that instead
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KLX 300r

[Imperial_Maniac]

[bikertomm]

I've got a letter all ready to go, just one thing I'm slightly worried about is on that second picture,

Number 3 says: Contrary to 46A of the vehicle excise and registration act 1994. A court may impose a maximum fine of £1000 if you do not supply the information requested.

What's that all about?


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07' Honda Hornet now full powaah! My guide on performing an oil change!

[P.addy]

Ignore, put message across, you are responding to their letter as required.

[Rogerborg]

[mentalboy]

And whilst you're on the warpath, go give your 'mate' a kick up the backside and find out if he ever received a new V5
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Make mine a Corona.

[iooi]

[bikertomm]

iooi, no, he didn't.

I've just got a letter back today thanking me for my previous response.. (I wrote a 2 page letter based on what paddy gave me telling them I followed the law ect and explained exactly what happened)

And they have basically just come back and said to me, thanks, but we're still fining you £35 and it will go up to £55 in a week.

Will get a picture up soon.

Any advice what to do now would be brilliant, I genuinely have no reason to pay this as I sent it off. Pissing me off now


____________________
07' Honda Hornet now full powaah! My guide on performing an oil change!

[Rogerborg]

They're not "fining" you anything. They're asking for a bribe.

Pay up now or be prepared to see them in court if you get very unlucky (or are Paddy). There's no magic formula you can recite to guarantee that it will go away.
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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

[P.addy]

Go to court

[bikertomm]

Urghh.

I don't really want to go to court, am I right in thinking that will be a day off work..? Cunts.

Cheers lads.
____________________
07' Honda Hornet now full powaah! My guide on performing an oil change!

[bikertomm]

https://i1145.photobucket.com/albums/o520/bikerrtomm/Mobile%20Uploads/dvlvllaaaaal_zpscb830908.jpg
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07' Honda Hornet now full powaah! My guide on performing an oil change!

[syl]

Write back again, tell them you complied with the law by posting them the completed document and you have no legal duty to do anything more. Tell them you will be happy to restate the fact that you posted the V5 to them in court if they insist, but they will be wasting the court's time, you will be legally represented and you will make an application for your costs (I'm assuming they use the county court, not small claims) to be charged to them. For added effect, ask them if they can give you an estimate of how much of their mail gets lost externally before receipt and how much gets lost internally after receipt.

Enter into no more correspondence unless you receive a summons - then you should get representation and make the application for costs. You will win, all you legally have to do is post the form - which you did (though even if you didn't, although I wouldn't recommend perverting the course of justice, I don't see how they could ever prove otherwise as plenty of mail gets lost).
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Current bike: Kawasaki Z750S

[Rogerborg]

[P.addy]

I'd like to hope this is the first vehicle you have sold in your name?

If so, how were you to know of the letter they send you that you are supposed to pester them for

I'm now "in your gang" as I have another, so this makes the 4th, court date set for my old Derbi.

https://i.imgur.com/iJIW89B.gif

[bikertomm]

Cheers guys. Yeah paddy it is the first vehicle I have sold in my name and I was actually unaware they send out a notification.. how was I supposed to know to chase them up I do have a life of my own
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07' Honda Hornet now full powaah! My guide on performing an oil change!

[P.addy]