Nice letter to the DVLA?
Discussion
davidjpowell said:
Point of order.
That's not a reply to your letter. That's a standard enforcement letter.
Does come across as generic and possibly an automated reply but.....That's not a reply to your letter. That's a standard enforcement letter.
thefraudact2006 said:
(5) For the purposes of this section a representation may be regarded as made if it (or anything implying it) is submitted in any form to any system or device designed to receive, convey or respond to communications (with or without human intervention).
Edited by Liquid Knight on Tuesday 14th December 13:24
My turn to be pissed off with them again. w
kers.
Have sold one car, not received acknowledgement letter. Trying to decide whether I can be bothered to chase them....
Also changing the new car onto private plate. With the snow etc. it's taken a little while to get over to the local DVLA office. Got there to be told we issued a new V5 on the 6th, can't do anything without that.
The bloody paperwork does not warn me about that, not that I would have a clue that it had been issued a few days ago. It can take a 'few' days for them to put it on the post van apparently.
grrrrrrrrrr.
kers.Have sold one car, not received acknowledgement letter. Trying to decide whether I can be bothered to chase them....
Also changing the new car onto private plate. With the snow etc. it's taken a little while to get over to the local DVLA office. Got there to be told we issued a new V5 on the 6th, can't do anything without that.
The bloody paperwork does not warn me about that, not that I would have a clue that it had been issued a few days ago. It can take a 'few' days for them to put it on the post van apparently.
grrrrrrrrrr.
Liquid Knight said:
The letter as I sent it......
Philips Specialist Bailiff & Debt Recovery Agents
PO Box231
Darlington
DL1 9GG
November 16th 2010
Your reference number
To whom it may concern,
Thank you for your letter dated 5th November 2010. This fine is currently in dispute with the DVLA and has yet to be seen by a court of law. Therefore until this matter is completed I will not be paying any monies that may be alleged to be due.
I trust this concludes your involvement in this matter.
Reply from the bailiffs today.
As writen......
Despite our previous correspondence you have failed to clear your arrears.
The amout that remains outstanding must be piad in full to Philips immediately. Failure to make full payment will result in your case being passed to our Enforcement department for further recovery procedures.
You MUST pay £80.00 in full by contacting Tel: 0844 800 4588 or by visiting www.homecoll.co.uk . If you ignore this demand for payment your vehicle may be wheel clamped in which case a release fee will be charged and a valid tax disc must be produced. You could be fined more than £1000.00.
Further payment options are found overleaf.
If you have already done so, and to prevent yourself incuring additional costs and a possible CountyCourtJudgment against you, you must pay this penalty and either tax the vehicle if you are using or keeping it on a public road or make a SORN (Statutory Off Road Notification) if it is being kept off road. You can do this online at [u]www.direct.gov.uk/taxdisc[/u] or by completing one of the forms previously sent to you. If you no longer have the vehicle you must pay the penalty and write to DVLA Swansea SA99 1AR telling them you have either sold, transfered, exported or scrapped it.
Please stop referring to them as bailiffs! At this stage they are wearing their debt recovery agent hat.Philips Specialist Bailiff & Debt Recovery Agents
PO Box231
Darlington
DL1 9GG
November 16th 2010
Your reference number
To whom it may concern,
Thank you for your letter dated 5th November 2010. This fine is currently in dispute with the DVLA and has yet to be seen by a court of law. Therefore until this matter is completed I will not be paying any monies that may be alleged to be due.
I trust this concludes your involvement in this matter.
Reply from the bailiffs today.
As writen......
Despite our previous correspondence you have failed to clear your arrears.
The amout that remains outstanding must be piad in full to Philips immediately. Failure to make full payment will result in your case being passed to our Enforcement department for further recovery procedures.
You MUST pay £80.00 in full by contacting Tel: 0844 800 4588 or by visiting www.homecoll.co.uk . If you ignore this demand for payment your vehicle may be wheel clamped in which case a release fee will be charged and a valid tax disc must be produced. You could be fined more than £1000.00.
Further payment options are found overleaf.
If you have already done so, and to prevent yourself incuring additional costs and a possible CountyCourtJudgment against you, you must pay this penalty and either tax the vehicle if you are using or keeping it on a public road or make a SORN (Statutory Off Road Notification) if it is being kept off road. You can do this online at [u]www.direct.gov.uk/taxdisc[/u] or by completing one of the forms previously sent to you. If you no longer have the vehicle you must pay the penalty and write to DVLA Swansea SA99 1AR telling them you have either sold, transfered, exported or scrapped it.
Philips Collection Services - http://www.philipscollectionservices.org.uk/contac...
This is proven by the telephone number match to the letter you have received.
Bailiffs cannot be instructed until the matter has been before a court and judgement obtained.
I think you would be unwise to go down the Fraud Act route.
A better alternative would be the Administration of Justice Act 1970 section 40.
Personally I wouldn't play that card at the moment.
Instead of your follow up letter I would:
Copy their latest missive
Attach a copy of your previous letter
Add a covering letter to remind them that the alleged debt is in dispute and demanding that they cease and desist from contacting you further while they refer the matter back to their client.
I would also write again to DVLA telling them that you don't admit the alleged debt for reasons previously stated and requesting them to instruct Philips Collection Services to stop harassing you. DVLA will either have to comply or proceed with court action.
For Philips to carry on with their current paper blizzard will be pointless. They will have to go back to their client or proceed to court. In which case you will doubtless defend the action by returning form N11.
If DVLA/Philips don't cave then it will come down to whether the judge will be impressed by DVLA v Peck. That judgement is not binding, merely persuasive. I would be using my time to get hold of a copy to aid my defence.
Not sure how relevant this is to the OP, but as I've only just come across this thread & just got in from work I thought it might be useful to relate this tale of my dealings with the DVLA................................
In early 2006 we had some major business issues which resulted in us losing our house & having to massively re-structure the business to lower our overheads. I had, for several years, added my employees to my trade insurance in lieu of a pay rise - this would save them anywhere between £500 & £1500 a year - the stipulation my insurance co insisted on was that their private vehicles needed to be registered to my business. No problem, all done, happy employees, happy insurance company, happy DVLA, happy me!
On the re-structure I had to, sadly, let my last (& most loyal) employee go. Understandably I had a helluva lot on my plate at the time & forgot to notify the DVLA/send his logbook off for change of keeper back to his personal details.
Within weeks of him re-taxing his car (about two months after the lay-off) I received notification of a fine of £40 for failing to inform. This letter came direct to my NEW home address & addressed to me - personally - despite the car having been always registered at our old business address under the business name..............work THAT one out!
I wrote, politely, back to inform them of the situation I was & had been in & that this was a totally genuine error on my part which, surely, was acceptable given the circumstances.
Received a reply SOME WEEKS later informing me that they had taken my correspondence as a refusal to pay & would be placing the matter in the hands of a magistrates court. Fine, I replied, I will be delighted to attend court on the specified day & time & explain (with supporting documentary evidence) my actions & my reasons for feeling somewhat 'hard done by'.
The DVLA proceeded to arrange a court date & I attended the hearing (which, incidentally was a day at Brecon Magistrates Court taken up ENTIRELY with DVLA cases - of which I was THE ONLY 'accused' to attend!!)
On presenting the case, the DVLA legal representative appeared somewhat taken aback that I had actually attended & was very wrongfooted by this. Instead of simply presenting her case & expecting a judgement from the magistrate, she had to 'wing it' against my argument of heavy handed action & lack of research into individual cases' possible mitigating circumstances as she had NONE of my previous DVLA correspondence with her.
The Magistrates, to their credit (there were three of them on the bench) asked me to admit that it was my mistake (which it was & I had never attempted to deflect this) & reduced the fine from the then increased £80 plus costs to a token £5 total & NO COSTS!
So basically, what I'm saying is - if you genuinely believe you are right & have been honest & forthright in your dealings, then let them do their worst & argue your case, man to man, with a magistrate & against a Civil Service 'staff' lawyer.
Best wishes, Al.
PS, business is now great again
In early 2006 we had some major business issues which resulted in us losing our house & having to massively re-structure the business to lower our overheads. I had, for several years, added my employees to my trade insurance in lieu of a pay rise - this would save them anywhere between £500 & £1500 a year - the stipulation my insurance co insisted on was that their private vehicles needed to be registered to my business. No problem, all done, happy employees, happy insurance company, happy DVLA, happy me!
On the re-structure I had to, sadly, let my last (& most loyal) employee go. Understandably I had a helluva lot on my plate at the time & forgot to notify the DVLA/send his logbook off for change of keeper back to his personal details.
Within weeks of him re-taxing his car (about two months after the lay-off) I received notification of a fine of £40 for failing to inform. This letter came direct to my NEW home address & addressed to me - personally - despite the car having been always registered at our old business address under the business name..............work THAT one out!
I wrote, politely, back to inform them of the situation I was & had been in & that this was a totally genuine error on my part which, surely, was acceptable given the circumstances.
Received a reply SOME WEEKS later informing me that they had taken my correspondence as a refusal to pay & would be placing the matter in the hands of a magistrates court. Fine, I replied, I will be delighted to attend court on the specified day & time & explain (with supporting documentary evidence) my actions & my reasons for feeling somewhat 'hard done by'.
The DVLA proceeded to arrange a court date & I attended the hearing (which, incidentally was a day at Brecon Magistrates Court taken up ENTIRELY with DVLA cases - of which I was THE ONLY 'accused' to attend!!)
On presenting the case, the DVLA legal representative appeared somewhat taken aback that I had actually attended & was very wrongfooted by this. Instead of simply presenting her case & expecting a judgement from the magistrate, she had to 'wing it' against my argument of heavy handed action & lack of research into individual cases' possible mitigating circumstances as she had NONE of my previous DVLA correspondence with her.
The Magistrates, to their credit (there were three of them on the bench) asked me to admit that it was my mistake (which it was & I had never attempted to deflect this) & reduced the fine from the then increased £80 plus costs to a token £5 total & NO COSTS!
So basically, what I'm saying is - if you genuinely believe you are right & have been honest & forthright in your dealings, then let them do their worst & argue your case, man to man, with a magistrate & against a Civil Service 'staff' lawyer.
Best wishes, Al.
PS, business is now great again
Two years ago I received a £40 fine from the DVLA after I part exchanged my car at a local dealers. Fortunately on that occasion by providing a copy of my sales receipt they cancelled the fine.
A month ago I sold a car privately. I haven't received a confirmation letter yet, so rang the DVLA this morning. They assured me that a letter was sent out on the 29th Nov and I should have received it by now but not to worry. With this thread in mind I have asked for a copy to be issued and as they have no reference system to confirm todays conversation I have taken the agents name, section number and date/time.
Do you think I'm being paranoid?
It is 2 put of 2 they've got wrong.
I've also text the buyer to see if he's got his V5 yet and am waiting reply,
A month ago I sold a car privately. I haven't received a confirmation letter yet, so rang the DVLA this morning. They assured me that a letter was sent out on the 29th Nov and I should have received it by now but not to worry. With this thread in mind I have asked for a copy to be issued and as they have no reference system to confirm todays conversation I have taken the agents name, section number and date/time.
Do you think I'm being paranoid?
It is 2 put of 2 they've got wrong.I've also text the buyer to see if he's got his V5 yet and am waiting reply,
Bump!
My parent's have just received a letter from Inter Credit International Ltd demanding an £80 fine for not taxing a car I sold in August 2009. After I sold the car I moved out of the address it was registered at a few weeks later. I asked for mail to be forwarded but just lost track as I've lived in several places since that and was abroad for 11 months. I'm not sure how they have my parent's address, presumably the electoral register. They are demanding the amount as an out of court settlement or legal action will commence and the car may be clamped (good luck with that one).
I sold this car online (I can't remember what site now, I think he messaged me through ebay) and he paid via Paypal, sending a recovery firm to collect it. However, since the buyer wasn't present I was unable to send off the V5 as it requires both the buyer and the seller to sign. I did sent a letter to cover myself but obviously what's happened is the new owner never bothered to send off the V5. Since I had moved I would never have received any correspondence or demands to re tax. A quick check on the DVLA site shows the car is currently taxed until May 11.
Due to the length of time and the fact this is the first I've heard of it gathering evidence is going to be hard. What I do still have however is a scan of the V5 in my name, the receipt from the transport company and the notification of Paypal payment, although the address is different on each so I'm not sure who is the registered keeper now. I seem to remember him saying something about buying it for a friend as a rolling resto project.
I guess I'm screwed but since I'm out of work I'm desperately short of cash at the moment. I need to notify the DVLA that I am not the registered keeper but would saying I couldn't send the V5 without the buyer's signature and I sent a covering letter help in the slightest? Presumably I should also contact the debt recovery firm and say the matter is in dispute, but give a new correspondence address? Certainly don't want to get my parents mixed up in this or get a black mark against their credit rating
My parent's have just received a letter from Inter Credit International Ltd demanding an £80 fine for not taxing a car I sold in August 2009. After I sold the car I moved out of the address it was registered at a few weeks later. I asked for mail to be forwarded but just lost track as I've lived in several places since that and was abroad for 11 months. I'm not sure how they have my parent's address, presumably the electoral register. They are demanding the amount as an out of court settlement or legal action will commence and the car may be clamped (good luck with that one).
I sold this car online (I can't remember what site now, I think he messaged me through ebay) and he paid via Paypal, sending a recovery firm to collect it. However, since the buyer wasn't present I was unable to send off the V5 as it requires both the buyer and the seller to sign. I did sent a letter to cover myself but obviously what's happened is the new owner never bothered to send off the V5. Since I had moved I would never have received any correspondence or demands to re tax. A quick check on the DVLA site shows the car is currently taxed until May 11.
Due to the length of time and the fact this is the first I've heard of it gathering evidence is going to be hard. What I do still have however is a scan of the V5 in my name, the receipt from the transport company and the notification of Paypal payment, although the address is different on each so I'm not sure who is the registered keeper now. I seem to remember him saying something about buying it for a friend as a rolling resto project.
I guess I'm screwed but since I'm out of work I'm desperately short of cash at the moment. I need to notify the DVLA that I am not the registered keeper but would saying I couldn't send the V5 without the buyer's signature and I sent a covering letter help in the slightest? Presumably I should also contact the debt recovery firm and say the matter is in dispute, but give a new correspondence address? Certainly don't want to get my parents mixed up in this or get a black mark against their credit rating
Hi, negative Creep. No, you're not screwed. Regulations 22 and 23 of The Road Vehicles (registration and Licensing) Regulations 2002 impose obligations on the registered keeper when they sell a vehicle to notify DVLA of the change of keeper.
In both regulations, the obligation to return the completed registration document is subject to the condition "if the registration document is in his possession". Curiously, for a document issued before 1997, there is an alternative of notifying "or otherwise in writing" which could be invoked if the doucument was lost but that alternative method isn't included for post - 1997 registration documents.
I suspect that when you said you couldn't complete the document at the time of sale "because he wasn't there" it was a typo for "because it wasn't there" ie: you couldn't find the document?
So, naturally, you fell back on the alternative method of notifying them "otherwise in writing". It doesn't matter then that you can't obtain evidence at this late date because, as suggested in DVLA v Peck (and likely to be confirmed in a binding judgement if DVLA ever push it that far), if you sent it and you're prepared to say in court that you sent it, then it's up to them to prove that you didn't. Which is going to be even harder than you trying to prove that you did
The decision you have to make is whether the money and / or principle matter enough to go through months of threatening letters, harassment and general unpleasantness / worry. If you decide it's worth it then you'll probably end up with the same result that Liquid Knight and many others have where the DVLA leave you "hanging" indefinitely by never notifying you that they've dropped it.
My last letter from them in a similar case was in February 2009, when they were "preparing a case for court". Two years later I can only guess that they must still be preparing it - maybe by growing trees to make into paper to print it on or something????
In both regulations, the obligation to return the completed registration document is subject to the condition "if the registration document is in his possession". Curiously, for a document issued before 1997, there is an alternative of notifying "or otherwise in writing" which could be invoked if the doucument was lost but that alternative method isn't included for post - 1997 registration documents.
I suspect that when you said you couldn't complete the document at the time of sale "because he wasn't there" it was a typo for "because it wasn't there" ie: you couldn't find the document?
So, naturally, you fell back on the alternative method of notifying them "otherwise in writing". It doesn't matter then that you can't obtain evidence at this late date because, as suggested in DVLA v Peck (and likely to be confirmed in a binding judgement if DVLA ever push it that far), if you sent it and you're prepared to say in court that you sent it, then it's up to them to prove that you didn't. Which is going to be even harder than you trying to prove that you did
The decision you have to make is whether the money and / or principle matter enough to go through months of threatening letters, harassment and general unpleasantness / worry. If you decide it's worth it then you'll probably end up with the same result that Liquid Knight and many others have where the DVLA leave you "hanging" indefinitely by never notifying you that they've dropped it.
My last letter from them in a similar case was in February 2009, when they were "preparing a case for court". Two years later I can only guess that they must still be preparing it - maybe by growing trees to make into paper to print it on or something????
Thanks for the reply. I don't think I can risk court as I don't have the legal knowledge and if I lose then I'll just incur further costs. Since I'm currently out of work I can't afford the fine at the moment so may just have to string it out as long as I can. I'll also have to hope there are no outstanding parking or speeding tickets against that car.........
Just out of pure interest, what would happen if I declared the car was scrapped or SORN it? I just wonder because it would screw the person whose cost me £80...........
Just out of pure interest, what would happen if I declared the car was scrapped or SORN it? I just wonder because it would screw the person whose cost me £80...........
Just drafted this, am I on the right lines?
Dear Sir
Reference E37 RNH – Volkswagen Golf GTI
I am writing to you with reference to the above, for which you have sent me a fine via a debt recovery agent for failing to retax said vehicle. Although there is no date of the alleged offence I sold the vehicle in August 2009 hence I am not liable for the subsequent keeper failing to tax or SORN the vehicle.
As the new keeper was not present at the point of sale I was unable to complete the V5 registration document, as to comply with your regulations both the registered keeper and the new owner must provide a signature. I filled out the required section and sent the V5 to the new owner, who agreed to sign and send the documents to yourselves. I also sent a letter to your organisation explaining the situation and confirming the vehicle was no longer in my possession, therefore fulfilling my legal obligations.
As proof of this transaction I include a receipt for the payment made on the vehicle as well as the receipt from the company who collected the vehicle. I would also like to remind you of the case of DVLA vs Peck, where it was ruled that the DVLA has no statutory right to demand that someone contact them if they do not receive an acknowledgement letter within the prescribed timeframe. For your records the person who I sold the car to is
Address
Mobile number
Who is responsible for not taxing the vehicle and completing his part of the V5 document, hence liable for all fines acquired on this vehicle after the 8th August 2009 . Please use the address at the top of the letter for all future correspondence as I am no longer a resident of the property where the car was registered.
Dear Sir
Reference E37 RNH – Volkswagen Golf GTI
I am writing to you with reference to the above, for which you have sent me a fine via a debt recovery agent for failing to retax said vehicle. Although there is no date of the alleged offence I sold the vehicle in August 2009 hence I am not liable for the subsequent keeper failing to tax or SORN the vehicle.
As the new keeper was not present at the point of sale I was unable to complete the V5 registration document, as to comply with your regulations both the registered keeper and the new owner must provide a signature. I filled out the required section and sent the V5 to the new owner, who agreed to sign and send the documents to yourselves. I also sent a letter to your organisation explaining the situation and confirming the vehicle was no longer in my possession, therefore fulfilling my legal obligations.
As proof of this transaction I include a receipt for the payment made on the vehicle as well as the receipt from the company who collected the vehicle. I would also like to remind you of the case of DVLA vs Peck, where it was ruled that the DVLA has no statutory right to demand that someone contact them if they do not receive an acknowledgement letter within the prescribed timeframe. For your records the person who I sold the car to is
Address
Mobile number
Who is responsible for not taxing the vehicle and completing his part of the V5 document, hence liable for all fines acquired on this vehicle after the 8th August 2009 . Please use the address at the top of the letter for all future correspondence as I am no longer a resident of the property where the car was registered.
Negative Creep said:
Just drafted this, am I on the right lines?
...
For your records the person who I sold the car to is
Address
Mobile number
Who is responsible for not taxing the vehicle and completing his part of the V5 document, ...
The buyer might have completed their part of the V5. They might have returned it. They might have taxed the vehicle. You don't know. So you can't say they are responsible for not having done these things....
For your records the person who I sold the car to is
Address
Mobile number
Who is responsible for not taxing the vehicle and completing his part of the V5 document, ...
You can say, however, that it is their responsibility to do them.
Streaky
NO, you did [u]NOT[/u] forward the V5 to the new owner to complete. The Regulations (which are set by the Government, btw, not the DVLA) make it your legal responsibility to notify DVLA of the change and that's what you did.
If the V5 wasn't present (it was probably slipped down one of the seats in the car or something) then you wrote to them giving the new keeper's details - so you notified them "otherwise in writing" according to your obligation under the regs. The fact they never received your letter is the bit that's not your responsibility.
If the V5 wasn't present (it was probably slipped down one of the seats in the car or something) then you wrote to them giving the new keeper's details - so you notified them "otherwise in writing" according to your obligation under the regs. The fact they never received your letter is the bit that's not your responsibility.
Variomatic said:
NO, you did [u]NOT[/u] forward the V5 to the new owner to complete. The Regulations (which are set by the Government, btw, not the DVLA) make it your legal responsibility to notify DVLA of the change and that's what you did.
If the V5 wasn't present (it was probably slipped down one of the seats in the car or something) then you wrote to them giving the new keeper's details - so you notified them "otherwise in writing" according to your obligation under the regs. The fact they never received your letter is the bit that's not your responsibility.
The DVLA disregard lost communications as the senders responsibility and state that the DVLAs acknowledgement letter is irrefutable evidence of them recieving the letter in the first place. No letter from the DVLA means whatever evidence you produce in your defence you are guilty and they want their twenty pieces of silver. They will also pursue it relentlessly because they £22,000,000 of profit they made last year to spend doing so. If the V5 wasn't present (it was probably slipped down one of the seats in the car or something) then you wrote to them giving the new keeper's details - so you notified them "otherwise in writing" according to your obligation under the regs. The fact they never received your letter is the bit that's not your responsibility.
You are guilty until proven innocent but because the DVLA is not a court guilty anyway.
Liquid Knight said:
The DVLA disregard lost communications as the senders responsibility and state that the DVLAs acknowledgement letter is irrefutable evidence of them recieving the letter in the first place. No letter from the DVLA means whatever evidence you produce in your defence you are guilty and they want their twenty pieces of silver. They will also pursue it relentlessly because they £22,000,000 of profit they made last year to spend doing so.
You are guilty until proven innocent but because the DVLA is not a court guilty anyway.
Unless it can be proved to the contrary the act of posting deems the notification served whatever the DVLA would like you to believe.You are guilty until proven innocent but because the DVLA is not a court guilty anyway.
Liquid Knight said:
The DVLA disregard lost communications as the senders responsibility and state that the DVLAs acknowledgement letter is irrefutable evidence of them recieving the letter in the first place. No letter from the DVLA means whatever evidence you produce in your defence you are guilty and they want their twenty pieces of silver. They will also pursue it relentlessly because they £22,000,000 of profit they made last year to spend doing so.
You are guilty until proven innocent but because the DVLA is not a court guilty anyway.
Very true, Liquid Knight, but they have no (zero, zilch, nada) power to enforce payment of their "fines" without gaining a court order. As you've found yourself, actually getting them to take you to court to try and gain that order is not as easy as you'd think - they'll bend over backwards to avoid taking you to court and keep harassing you in other ways instead. You are guilty until proven innocent but because the DVLA is not a court guilty anyway.
That's far from satisfactory for you, as the accused, but look at it this way: If they are right in their position re letters then, when you (as I did) tell them clearly that you have no intention of paying unless they get a court order (which suggests that you will pay up if a court says they're right) then why haven't you (or I) received a summons yet?
The only logical reason is that they really don't want to start a case against someone who's made it clear that they'll turn up and fight it on legally sound grounds, meaning DVLA will lose. They can't afford to do that because if they lose too often in court (as they did against Peck) then the cases start getting far more publicity than a few posts on motoring forums and their whole system falls apart. Eventually, one of those cases also ends up in a higher court and sets a binding precedent (why do you think they didn't appeal the Peck decision if they're so sure they're right?)
You see, the problem they have is that the law requires you to notify them and, once you've sent taht notice, the law also clearly says that they received it unless they can prove otherwise, which they could never do - even if they called every single one of their mail clerks as witnesses, all they could possibly say is "I don't remember getting a letter from Liquid Knight". Given the volume of mail they deal with, they wouldn't remember even if they had.
That makes the "I sent it" plea open to abuse because you wouldn't actually have to have sent anything to use it - you'd just have to be prepared to tell a court (on oath) that you had. That may well be perjury but there's no way they could ever prove the lie so if it's established in a higher court it becomes a cast-iron get-out to simply tell them you sent the notice.
Liquid Knight said:
Try getting the DVLA to go to court. I'm still waiting after eleven months of letter swapping and Bailiffs threatening me with clamping and repossession (completely unfounded because they can not act without a court order either). 
Exactly my point - if you tell them you posted notice to them, that you know that fulfils your obligation under the regulations, and that you'll defend that in court, then they really can't afford to take you there. On the other hand, they also can't afford to acknowledge that they're dropping the case because that would be a tacit admission that you're right. So they'll just leave you hanging. Bear in mind, after 11 months, you'd have a very good case to have any summons struck out purely because of the length of time involved. The Hoomin Rites Act is your friend here because justice must be timely. Once you've made it clear that you require a court hearing before accepting liability they really have no excuse whatsoever to delay issuing for nearly a year (it's hardly as if they can be collecting more evidence!).
Not sure exactly what it refers to but I'm presuming it's similar to this, a few weeks ago in my local paper, I saw in the 'court roundup' section, several cases found guilty of 'failing to notify...' I think with regards to V5's and DVLA. I'll try and find the section again and post the excact details.
kingmoosa said:
Not sure exactly what it refers to but I'm presuming it's similar to this, a few weeks ago in my local paper, I saw in the 'court roundup' section, several cases found guilty of 'failing to notify...' I think with regards to V5's and DVLA. I'll try and find the section again and post the excact details.
You do occaisionally get a bunch of these in the local press. "Found guilty in their absence" due to the DVLA not issuing summonses. Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff