Nice letter to the DVLA?

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Discussion

Liquid Knight

Original Poster:

15,754 posts

183 months

Thursday 9th September 2010
quotequote all
Mr Whoop-whoop
Continuous Registration Centre
Sidcup House
12/18 Station Road
Sidcup
Kent
DA15 7DA

Dear Mr Whoop-whoop,
I’m writing to you in reference to an ongoing issue concerning a vehicle previously registered to me Blah (your reference blah-Blah) and my refusal to pay a fine for failing declare the foresaid vehicle as SORN. This is due to the fact the car was previously scrapped and in accordance to the law I had done everything required of me to inform the DVLA of this. I did not receive an “Acknowledgement” letter from the DVLA nor have I received any SORN reminders either. If I had received any such SORN reminder I would have queried it at the time.

I refer you to the Interpretations Act 1978, Sec 7 which states “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.”

I contend that I have complied with the requirements of current legislation to notify the DVLA of the change of keeper and/or disposal of the vehicle by properly addressing, pre-paying and posting the document. Therefore that concludes my responsibility in this matter.

Yours Sincerely

Me

Pity I was going to organize a road trip to Belgium (via Nordschleife) in a few few months. frown Cheers Streaky and OldSoak. wink

Edited by Liquid Knight on Thursday 9th September 11:01

Martin Keene

9,421 posts

225 months

Thursday 9th September 2010
quotequote all
bow

Don't let the bcensoreds grind you down! I'd like to see road tax put on fuel, and the dvla abolished and replaced with a much more streamlined service just for registrations and licences. Imagine the cost saving to go towards reducing the defecit!

anonymous-user

54 months

Thursday 9th September 2010
quotequote all
They really are tts aren't they?

They have messed me about twice in the last 2 years over simple transactions.

First cock up was it took me 3 months to receive my V5 after buying a car from a well known trade centre. The trade centre chased the DVLA weekly on my behalf and it finally turned out that the DVLA had lost an entire batch of documents from traders but eventually "found them on a desk under some other files".

Next was I bought a used car from a private seller who had the car on SORN for a year. We didn't bother posting off the V5 and my new keeper details as I thought it infinitely safer to do the paperwork at my local DVLA office. So I MOT'd it and went to my local DVLA office and handed them my completed V5 and bought 6 months tax. I never received a tax reminder after 6 months, then realised I had not received my V5 either... Phoned the DVLA and they said my vehicle was 'unregistered' on their system and had been labelled as 'scrapped'!! They sorted it out for me after several angry visits to their local office but I was techically driving an unregistered car for 7 months which, if stopped by the police, may have led to a major fine!

Response from the DVLA local office woman? "oh well, these things happen I guess"

Liquid Knight

Original Poster:

15,754 posts

183 months

Thursday 9th September 2010
quotequote all
Martin Keene said:
bow

Don't let the bcensoreds grind you down! I'd like to see road tax put on fuel, and the dvla abolished and replaced with a much more streamlined service just for registrations and licences. Imagine the cost saving to go towards reducing the defecit!
In Spain road Tax is added to the insurance and the insurance is for the car not the driver. So if someone steals your car and it hits something the third party is still covered. Brilliant idea. If there was another system in place over here bypassing the DVLA so far as road fund licencing is concerned then they'd have to make up the difference with more fines or "air tax" because the cars need air to burn the fuel.

Have a look at the "DV-LA-la-la I'm not listening" thread if you fancy getting your own back. wink

TomJS

973 posts

196 months

Thursday 9th September 2010
quotequote all
Liquid Knight said:
Mr Whoop-whoop
Continuous Registration Centre
Sidcup House
12/18 Station Road
Sidcup
Kent
DA15 7DA

Dear Mr Whoop-whoop,
I’m writing to you in reference to an ongoing issue concerning a vehicle previously registered to me Blah (your reference blah-Blah) and my refusal to pay a fine for failing declare the foresaid vehicle as SORN. This is due to the fact the car was previously scrapped and in accordance to the law I had done everything required of me to inform the DVLA of this. I did not receive an “Acknowledgement” letter from the DVLA nor have I received any SORN reminders either. If I had received any such SORN reminder I would have queried it at the time.

I refer you to the Interpretations Act 1978, Sec 7 which states “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.”

I contend that I have complied with the requirements of current legislation to notify the DVLA of the change of keeper and/or disposal of the vehicle by properly addressing, pre-paying and posting the document. Therefore that concludes my responsibility in this matter.

Yours Sincerely

Me

Pity I was going to organize a road trip to Belgium (via Nordschleife) in a few few months. frown Cheers Streaky and OldSoak. wink

Edited by Liquid Knight on Thursday 9th September 11:01
This looks very good. Please do keep this thread updated; I'm sure I'm not the only one interested in their response.

Red Devil

13,060 posts

208 months

Thursday 9th September 2010
quotequote all
Does anyone know which County Court dealt with DVLA v Peck and the name of the Judge? This would be useful ammunition if anybody else were to choose to tell DVLA "let's ask the court to rule on your unlawful attempt to extract money from me" (aka extortion racket).

Adz The Rat

14,096 posts

209 months

Thursday 9th September 2010
quotequote all
I hate the DVLA.

We recently had a similar letter at work stating we hadnt informed them that we had sold a car, please pay £80 fine now blah blah blah.
Luckily we file all the letters we get from the DVLA and we had a confirmation from them that we had sold the car!
So sent them a copy and the response from them was basically "We will not take you to court this time".
No apology.

Absolutely useless.

streaky

19,311 posts

249 months

Thursday 9th September 2010
quotequote all
Horsham County Court in April 2010.

Also James Collins won a similar SORN case against DVLA in Clerkenwell District Court in October 2009.

Streaky

streaky

19,311 posts

249 months

Thursday 9th September 2010
quotequote all
Adz The Rat said:
I hate the DVLA.

We recently had a similar letter at work stating we hadnt informed them that we had sold a car, please pay £80 fine now blah blah blah.
Luckily we file all the letters we get from the DVLA and we had a confirmation from them that we had sold the car!
So sent them a copy and the response from them was basically "We will not take you to court this time".
No apology.

Absolutely useless.
Patronising and insulting ... like most government departments. Oh, and as Dr John Reid said about the Home Office : NOT FIT FOR PURPOSE - Streaky

thunderbelmont

2,982 posts

224 months

Thursday 9th September 2010
quotequote all
I'm about to write a loveletter to DVLA - asking them where my V5 is after I sent it off over two months ago in an effort to get the address right on it (they insisted in putting a "1" before my house number - not once, but twice!)

I phone them, and because I'd sent the V5 - and the SORN declaration - off in the same envelope as my wife's photocard licence renewal, they then refused to speak to me, and demanded that they only talked to my wife as they had managed to process her licence.

With our kids, work, and other duties, DVLA is shut before we get a chance to phone them with BOTH of us here at the same time. So I'm going to write.

Under the terms of the "International Postal Union", of which the UK, via the Royal Mail, is a signatory, once a document is committed to the post, it is deemed as being "served", ie: when it's posted - it's DVLA's.

Now we know that they received the letter/envelope because my wife has her licence back.

They are just getting slippery over the V5 and the SORN declaration.

My van is now listed as "unlicenced". and when I write to them, I expect letters back with "you are fined, you are guilty, you will burn in hell, etc.."

Other than "bob", what are my hopes here do you reckon?


Liquid Knight

Original Poster:

15,754 posts

183 months

Friday 10th September 2010
quotequote all



If you're fed up with the DVLA why not send the boss a polite greetings card? We (about 400 so far) are sending them to arrive on Monday 20th December.

Mr. Phillip Hammond MP
Secretary of State for Transport
The Palace of Westminster
London
SW1P 3PA

Do not post anything illegal to this address. Just the polite greetings card by way of peaceful protest. wink

AndrewTait

1,834 posts

194 months

Friday 10th September 2010
quotequote all
Slightly off topic, but, from the link on page 1:

"Changes to the law were introduced on the 1st of October 2008 that enable wheel clamping and removal of unlicensed vehicles on private land. There is no legal requirement to get the landowner's permission."

I wonder how the new proposal to outlaw clamping on private land will affect the DVLA??? :-)

streaky

19,311 posts

249 months

Saturday 11th September 2010
quotequote all
Further to my "Not fit for purpose" post above, DVLA has apparently lost the records of "thousands" of disqualified drivers - Streaky

Edited by streaky on Wednesday 15th September 21:06

Liquid Knight

Original Poster:

15,754 posts

183 months

Wednesday 15th September 2010
quotequote all
Mr Whoop-whoop
Continuous Registration Centre
Sidcup House
12/18 Station Road
Sidcup
Kent
DA15 7DA

Dear Mr Whoop-whoop,
I’m writing to you in reference to an ongoing issue concerning a vehicle previously registered to me Blah-blah (your reference 550 Blah-blah) and my refusal to pay a fine for failing declare the foresaid vehicle as SORN. This is due to the fact the car was previously scrapped and in accordance to the law I had done everything required of me to inform the DVLA of this. I did not receive an “Acknowledgement” letter from the DVLA nor have I received any SORN reminders either. If I had received any such SORN reminder I would have queried it at the time.
I refer you to the Interpretations Act 1978, Sec 7 which states “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.”

I contend that I have complied with the requirements of current legislation to notify the DVLA of the change of keeper by properly addressing, pre-paying and posting the document.
Therefore I have committed no offence but have been found guilty and fined by the DVLA without any form of due process. I have made an appeal against this decision and presented evidence that proves this but this has been to no avail. I am unflinching in my refusal to pay a fine for a crime I have not committed.
Yours Sincerely,

Me


Sent by recorded delivery today.

Liquid Knight

Original Poster:

15,754 posts

183 months

Monday 27th September 2010
quotequote all
Still waiting for a reply. rolleyes

BO55 VXR

4,373 posts

251 months

Monday 27th September 2010
quotequote all
They're still looking for a Mr Whoop Whoop in their directory biggrinbiggrinbiggrin

Roo

11,503 posts

207 months

Monday 27th September 2010
quotequote all
They really are incompetent.

We took a car in part exchange last December that the boss decided would suit his wife.

We put her personal registration on it, changed it into our name and had to change the taxation class from disabled to diesel car in order to purchase the road fund.

Fast forward to last month when it's time to change the car again and we can't find the V5c. A quick phone call to the DVLA, pay the fee and recieve a duplicate. Nope. They don't have us down as registered keeper. They admit it was a mistake their end and that they'll send out a replacement V5c free of charge.

I eventually received the V5c still showing as disabled and send it all off to transfer the registration to another car. They send it all back saying the donor vehicles isn't licensed.

So, they failed to change the registered keeper and allowed our registration to be put on a car with which we, technically, had no connection. Failed to change the taxation class, and failed to record the fact that we'd paid for 12 months road fund license.

Not icompetent at all.

TuxRacer

13,812 posts

191 months

Monday 27th September 2010
quotequote all
Liquid Knight said:
Still waiting for a reply. rolleyes
You'll probably find it didn't make it past the lottery that is the journey from post box to DVLA office. Send a few hundred copies! hehe

Liquid Knight

Original Poster:

15,754 posts

183 months

Monday 27th September 2010
quotequote all
TuxRacer said:
Liquid Knight said:
Still waiting for a reply. rolleyes
You'll probably find it didn't make it past the lottery that is the journey from post box to DVLA office. Send a few hundred copies! hehe
Recorded delivery signed for the day after I posted it. wink

streaky

19,311 posts

249 months

Monday 27th September 2010
quotequote all
Liquid Knight said:
TuxRacer said:
Liquid Knight said:
Still waiting for a reply. rolleyes
You'll probably find it didn't make it past the lottery that is the journey from post box to DVLA office. Send a few hundred copies! hehe
Recorded delivery signed for the day after I posted it. wink
According to my SiL who works for Royal Mail, DVLA do not "sign" for deliveries. The record simply shows that RM delivered it ... or at least that they they think they did!

However, from your point of view, you've got what should be an irrebuttable proof of delivery.

Streaky