Failure to relicence

[heebeegeetee]

Evening All,

I've recieved a 'failure to relicence' notification concerning a car I sold to a private buyer 11 months ago. I did send the V5 to the DVLA at the time.

I've replied stating my position, have included a scanned copy of the V5 signed by myself and the buyer, and a copy of my letter cancelling the insurance of the vehicle, FWIW.

I notice that the letter states I must pay the penalty regardless.

Is this correct? Is it up to me to prove my innocence? I rather suspect it is.

I have a copy of the old V5 relating to another vehicle I own. Re-reading this, I know I followed the instructions to the letter.

So. How do I stand? Anyone else been here?

[BliarOut]

You could use the Bill Of Rights defence. Google for it.

[princeperch]

What does this entail? I was under the impression the Bill of Rights is repealed by any other "modern" statute it conflicts with, and therefore is only of historical significance?

[mozza]

If it is a V5 not the V5C

V5 - states you only have to tell DVLA about change of ownership

V5C - states the above and includes the provison that if you do not receive confirmation in 4 weeks that you must contact them to find out what happened.

If you have the V5 then you have fulfilled your obligation.

[MR2Mike]

princeperch said:

What does this entail? I was under the impression the Bill of Rights is repealed by any other "modern" statute it conflicts with, and therefore is only of historical significance?

AFAIK The Bill of Rights is constitutional and cannot be repealed by any statute.

[kevinday]

MR2Mike said:

princeperch said: What does this entail? I was under the impression the Bill of Rights is repealed by any other "modern" statute it conflicts with, and therefore is only of historical significance? AFAIK The Bill of Rights is constitutional and cannot be repealed by any statute.

Not quite, it can only be repealed by another 'constitutional' statute, which it has not!

[Peter Ward]

mozza said:

If it is a V5 not the V5C V5 - states you only have to tell DVLA about change of ownership V5C - states the above and includes the provison that if you do not receive confirmation in 4 weeks that you must contact them to find out what happened. If you have the V5 then you have fulfilled your obligation.

ie. if we don't do our job properly it's your fault. Nice one, Tony.

[leosayer]

TO be fair, how are the DVLA supposed to know if they didn't receive it?

Having said that, I sold a car late last year and don't remember recieving anything from the DVLA in return.

[heebeegeetee]

Thanks for your help, guys. The car was on a V5. In the letter I sent, I satated that I believe I've met my obligations.

The V5 instructs me to post it to the dvla. I can't prove that I have, but I dont see that I need to. I dont need to worry about how the dvla know that I've sent it. Its their system, their instructions, I've followed them.

But I also know what a corrupt country we live in now, so I'll have to wait and see.

[BliarOut]

There is some legislation somewhere that says if you send something first class, it can legally be deemed to heve been received.... It's the same clause they use for sending out NIP's first class.

Perhaps one of our more learned members knows what I'm on about

[Dwight VanDriver]

Just for you Tony?

Section 7 The Interpretation Act 1978

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.

DVD

>> Edited by Dwight VanDriver on Saturday 16th April 07:53