DVLA fine - pay up?
Discussion
Breadvan72 said:
The point is arguable both ways, but if the court believes the evidence that a notice was sent, it might be inclined to adopt the view that favours the citizen against the DVLA.
Hence the benefit of a track & trace receipt. It's not conclusive evidence - who's to say what was in the tracked envelope, if anything - but, if you're prepared to offer evidence, on oath, as to what you claim to have been in the envelope [even better to have a photocopy of what you are claiming was in the envelope], then your evidence will in all probability be regarded as more credible than that of the DVLA, whose case rests on a rather pathetic... "we didn't receive the paperwork".I sold a car a while back, sent off the logbook etc. I received a letter from the DVLA stating that I hadn't sent off the logbook and that I now have to pay an £80 fine.
I refused as I did send it off and they'd lost it. They stated that I was supposed to receive a confirmation slip and if I didn't I should contact them. I didn't receive it but I didn't know I was supposed to get one tbh.
They passed my details onto a debt collection agency who called me quite often. I told them the same thing each time, they told me I had to sort it out with the DVLA. Despite their being no way unless I write a letter (I don't see why the team that responds and investigates letters can't simply take a phone call and do the same thing )
In the end I've ignored them and despite threats of court I haven't received a summons...
I refused as I did send it off and they'd lost it. They stated that I was supposed to receive a confirmation slip and if I didn't I should contact them. I didn't receive it but I didn't know I was supposed to get one tbh.
They passed my details onto a debt collection agency who called me quite often. I told them the same thing each time, they told me I had to sort it out with the DVLA. Despite their being no way unless I write a letter (I don't see why the team that responds and investigates letters can't simply take a phone call and do the same thing )
In the end I've ignored them and despite threats of court I haven't received a summons...
I sold a car a while back, sent off the logbook etc. I received a letter from the DVLA stating that I hadn't sent off the logbook and that I now have to pay an £80 fine.
I refused as I did send it off and they'd lost it. They stated that I was supposed to receive a confirmation slip and if I didn't I should contact them. I didn't receive it but I didn't know I was supposed to get one tbh.
They passed my details onto a debt collection agency who called me quite often. I told them the same thing each time, they told me I had to sort it out with the DVLA. Despite their being no way unless I write a letter (I don't see why the team that responds and investigates letters can't simply take a phone call and do the same thing )
In the end I've ignored them and despite threats of court I haven't received a summons...
I refused as I did send it off and they'd lost it. They stated that I was supposed to receive a confirmation slip and if I didn't I should contact them. I didn't receive it but I didn't know I was supposed to get one tbh.
They passed my details onto a debt collection agency who called me quite often. I told them the same thing each time, they told me I had to sort it out with the DVLA. Despite their being no way unless I write a letter (I don't see why the team that responds and investigates letters can't simply take a phone call and do the same thing )
In the end I've ignored them and despite threats of court I haven't received a summons...
Breadvan72 said:
The point is arguable both ways, but if the court beiieves the evidence that a notice was sent, it might be inclined to adopt the view that favours the citizen against the DVLA.
Depends on the judge. At least one that I know of has said the Interpretation Act does not apply as the relevant legislation does not mandate service by post (it says deliver to the Secretary of State). By that nonsensical ruling everyone needs to rock up at Swansea (as the Sec. has delegated his function to the DVLA) with their V5C in hand in order to comply. There has yet to be a ruling which is binding on lower courts as nobody has had deep enough pockets and big enough cojones to take it all the way. My bet is the DVLA would rather fold in case they lose and their income stream is disrupted. Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff