Failure to notify change of keeper - court hearing

Failure to notify change of keeper - court hearing

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Variomatic

2,392 posts

161 months

Wednesday 29th June 2011
quotequote all
B'stard Child said:
What worries me is where does all this lost post go - seriously

OK I know my local postman was a thieving git and for a while I wondered what the heck was happening to my mail - both posted and delivered as I'm pretty sure my local post box was emptied by him too.

http://www.bbc.co.uk/news/uk-england-norfolk-11100...

This caused me some considerable problems and a lot of frustration but that's a diffent issue.

Nothing sent to DVLA is likely to be "cash rich" so where the heck does all the mail go.....
This is pure speculation but I'd suggest that most of it gets there, but quite possibly to the wrong postcode (iirc the whole of SA99 is reserved for DVLA, with the rest indicating the department), then lost internally. Given the volume of mail they must deal with, you'd hope they have 100% robust systems - at the very minimum every single item logged on receipt and again on action but the fact they can't say how many do get lost internally strongly suggests that they don't.

So you then have a load of underpaid, disinterested, and possibly temporary - have they caught on to the "6 month contract then back on the dole" game that other Govt depts have used to massage unemployment figures? - employees dealing with items than can't be traced if they do go missing.


edited for sticky keyboard


Edited by Variomatic on Thursday 30th June 00:14

Red Devil

13,060 posts

208 months

Thursday 30th June 2011
quotequote all
Variomatic said:
This is pure speculation but I'd suggest that most of it gets there, but quite possibly to the wrong postcode (iirc the whole of SA9 is reserved for DVLA, with the rest indicating the department), then lost internally. Given the volume of mail they must deal with, you'd hope they have 100% robust systems - at the very minimum every single item logged on receipt and again on action but the fact they can't say how many do get lost internally strongly suggests that they don't.

So you then have a load of underpaid, disinterested, and possibly temporary - have they caught on to the "6 month contract then back on the dole" game that other Govt depts have used to massage unemployment figures? - employees dealing with items than can't be traced if they do go missing.
Sounds about right to me. But shouldn't it be SA99, not SA9?

Variomatic

2,392 posts

161 months

Thursday 30th June 2011
quotequote all
Yes, it should be SA99 whistle

Duly edited and blamed on keyboard wink

anonymous-user

54 months

Thursday 30th June 2011
quotequote all
Variomatic said:
Breadvan73 said:
The addressee does not have to show that the document was never sent.

Edited by Breadvan73 on Wednesday 29th June 16:22
I hope that wasn't directed at my "water cooler" comment, although I guess it was seeing as I can't see anyone else raising that point. ...
Nope, it was directed at this from another poster:-

davidjpowell said:
Perhaps you should have mentioned Interpretaions Act.

...

Interpretations Act says that it's served once I posted it, unless you can prove that I did not in fact send it.
and at similar posts by assorted contributors on other threads dealing with this and similar topics. There's a certain amount of urban mythery about section 7.

Edited by Breadvan73 on Thursday 30th June 11:03

Variomatic

2,392 posts

161 months

Thursday 30th June 2011
quotequote all
Ok, thanks and apologies for the slight snap - was having a bit of a rough day smile

As for the Act, do you mean to say it's not actually printed on the back of one of these??? biggrin


anonymous-user

54 months

Thursday 30th June 2011
quotequote all
My copy is on the back of this:-


streaky

19,311 posts

249 months

Thursday 30th June 2011
quotequote all
B'stard Child said:
What worries me is where does all this lost post go - seriously
Royal Mail's National Return Centre, Belfast ... ostensibly!

Streaky

escargot

Original Poster:

17,110 posts

217 months

Thursday 30th June 2011
quotequote all
Chaps,

I am now slightly confused. Are you saying that I cannot use s7 of the Interpretation Act? Or does it have to be combined with something else?

anonymous-user

54 months

Thursday 30th June 2011
quotequote all
Some of us are saying that section 7 does not invariably possess unicorn fairy magic sparkle dust. It would remain open to DVLA to contend that it did not receive a document posted to it. The Court would have to decide on the evidence before it whether or not it accepted that contention.

davidjpowell

17,817 posts

184 months

Thursday 30th June 2011
quotequote all
Breadvan73 said:
and at similar posts by assorted contributors on other threads dealing with this and similar topics. There's a certain amount of urban mythery about section 7.

Edited by Breadvan73 on Thursday 30th June 11:03
Watercooler lawyer or not, a letter on the basis that I posted worked for me.

DVLA lost interest and moved on.

escargot

Original Poster:

17,110 posts

217 months

Thursday 30th June 2011
quotequote all
Breadvan73 said:
Some of us are saying that section 7 does not invariably possess unicorn fairy magic sparkle dust. It would remain open to DVLA to contend that it did not receive a document posted to it. The Court would have to decide on the evidence before it whether or not it accepted that contention.
Ahh got you. So if I can therefore demonstrate that the DVLA have no way of proving beyond any doubt that they definitely did not receive the V5C, then I'm home and dry?

For example, If I was to provide details of the watchdog program where they admitted they couldn't know exactly how much mail got lost internally, then that ought to suffice?

ETA: If any of you Lawyer types want to represent me on a no win - no fee basis, feel free hehe

anonymous-user

54 months

Thursday 30th June 2011
quotequote all
quote=davidjpowell]

Watercooler lawyer or not, a letter on the basis that I posted worked for me.

DVLA lost interest and moved on.
[/quote]


I am glad to hear that, and assume that they often would, but in the present case they are being difficult at present. The section 7 point is probably worth raising, but the response might vary from case to case.

The problem with any regulatory system that requires people to notify the regulator of something is that, inevitably, thjngs will go missing in the post, or be mislaid by the regulator. You could have a public policy that notification is effective when sent, but that would lend itself to abuse, as people would invariably claim to have sent stuff, so the policy is to require notification to be received. Receipt may be deemed in some cases.

Edited by Breadvan73 on Thursday 30th June 13:40

Variomatic

2,392 posts

161 months

Thursday 30th June 2011
quotequote all
The problems with DVLA's handling of these cases (as I see them) are their ability to impose penalties without any form of external appeal short of a court hearing combined with their officially stated preference (in Hansard 17/09/2008) to use private DCAs to enforce payment rather than the court system because courts weren't giving the results they want. That's an open invitation to harass people over simple administrative mistakes by either party.

Changes in technology since it was introduced (principally the introduction and subsequent spread of ANPR) makes the whole SORN scheme effectively redundant other than as a revenue generating exercise, yet it's now been extended with the recent "insurance SORN" requirements.

Revoking all SORN legislation would probably have little impact on rates of un-taxed / uninsured driving - the crims don't think "Oh, mustn't drive this cos I've told DVLA I won't" - but would certainly reduce the administrative overload that DVLA obviously suffer by a considerable amount and might even help them lose fewer changes of details / licence entitlements and other "core" business details!

Unfortunately, it seems to be fashionable over recent years for Government to introduce badly though-out, ineffective / unenforceable and (often) redundant legislation as a political exercise in "being seen to be doing something". Usually on the premise of some "emergency" or other rolleyes

B'stard Child

28,395 posts

246 months

Thursday 30th June 2011
quotequote all
Variomatic said:
The problems with DVLA's handling of these cases (as I see them) are their ability to impose penalties without any form of external appeal short of a court hearing combined with their officially stated preference (in Hansard 17/09/2008) to use private DCAs to enforce payment rather than the court system because courts weren't giving the results they want. That's an open invitation to harass people over simple administrative mistakes by either party.

Changes in technology since it was introduced (principally the introduction and subsequent spread of ANPR) makes the whole SORN scheme effectively redundant other than as a revenue generating exercise, yet it's now been extended with the recent "insurance SORN" requirements.

Revoking all SORN legislation would probably have little impact on rates of un-taxed / uninsured driving - the crims don't think "Oh, mustn't drive this cos I've told DVLA I won't" - but would certainly reduce the administrative overload that DVLA obviously suffer by a considerable amount and might even help them lose fewer changes of details / licence entitlements and other "core" business details!

Unfortunately, it seems to be fashionable over recent years for Government to introduce badly though-out, ineffective / unenforceable and (often) redundant legislation as a political exercise in "being seen to be doing something". Usually on the premise of some "emergency" or other rolleyes
One bit you missed

Employment issues in SA99 and around the country

When I last contested a SORN declaration issue (I'd scrapped the vehicle and sent of the reg doc as scrapped and they sent me a SORN reminder - 3-4 weeks after I'd sent the reg doc in - I assumed cross over in postal/DVLA system (my mistake)

I lost count of how many different offices I ended up writing to as a result of the DVLA's repeated demands for payment (seriously every single letter I received came from a different office or a different person.)

Replying to the letters and arguing the toss isn't worth it in fact like a poster earlier in this thread or another similar one said about "LK" it's probably a certain amount of entertainment for the DVLA staff involved when they get long arguemental letters.

All letters to me stopped after a simple clear statement of facts

DVLA

"I posted the reg doc declaring the vehicle scrapped to DVLA - I've complied with my obligations to inform you the vehicle was scrapped - I'm not resposible for either the post being delivered or the DVLA's lack of documentation control - All our correspondance has arrived (judging from your replies to my letters) so if DVLA has lost the documentation I sent on X date I'm not responsible so either cease this pursuit of a penalty notice that I have no intention of ever paying or set a date and we can resolve the issue in court"

The END

Love & Huggs BC

Red Devil

13,060 posts

208 months

Thursday 30th June 2011
quotequote all
IIRC the legislation states that the obligation is to 'deliver' the required notification to the Secretary of State. He/she nominates the DVLA as his/her representative for compliance.

A judge has held that, taken literally, it would mean every RK having to trog down to Swansea. An exercise which he labelled 'a nonsense'.

So we are left with the tender mercies of Royal Mail. Another organisation with a patchy record. Between them and the DVLA it is hardly surprising that so much goes AWOL.

I have mail redirection in place and well over 10% of it is still going to my old address. So off I go to the sorting office to complain. Things improved for about a week but now we're back to the same old. Their most recent gambit is to send me my ex's mail instead, presumably as some sort of consolation prize.

redgriff500

26,857 posts

263 months

Friday 1st July 2011
quotequote all
B'stard Child said:
Replying to the letters and arguing the toss isn't worth it in fact like a poster earlier in this thread or another similar one said about "LK" it's probably a certain amount of entertainment for the DVLA staff involved when they get long arguemental letters.

All letters to me stopped after a simple clear statement of facts

DVLA

"I posted the reg doc declaring the vehicle scrapped to DVLA - I've complied with my obligations to inform you the vehicle was scrapped - I'm not resposible for either the post being delivered or the DVLA's lack of documentation control - All our correspondance has arrived (judging from your replies to my letters) so if DVLA has lost the documentation I sent on X date I'm not responsible so either cease this pursuit of a penalty notice that I have no intention of ever paying or set a date and we can resolve the issue in court"
I've done similar.

I also included that I am self employed and charge £xx an hour, if you continue to write to me you are agreeing to my hourly rate.

They've tried to charge me for various stuff over the years and have never followed any of them up after a short factual reply - recently I just ignored them and you get various letters from Bailiffs which I ignored too and nothing happened.

Admittedly they've never sent me a summons - seems a bit OTT

Slade Alive

784 posts

159 months

Saturday 2nd July 2011
quotequote all
Red Devil said:
Their most recent gambit is to send me my ex's mail instead, presumably as some sort of consolation prize.
Brilliant!

escargot

Original Poster:

17,110 posts

217 months

Friday 22nd July 2011
quotequote all
Court case going ahead next Wednesday thumbup

Jasandjules

69,885 posts

229 months

Friday 22nd July 2011
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A bit late for the OP BUT for future reference, send all correspondence to the DVLA (and any other Govt agency who might be renowned for mysteriously losing your stuff) by recorded delivery. And when sending in forms etc photocopy them as well and keep a record of that stapled to the proof of posting.

It makes it far more fun when the DVLA write to you saying you are going to court as the information you supplied is wrong, and you send them back a copy of what they were sent, and politely enquire whom at the agency will swear an affidavit that the information you provided is wrong so you can request the court refer them to the AG for prosecution......

B'stard Child

28,395 posts

246 months

Friday 22nd July 2011
quotequote all
escargot said:
Court case going ahead next Wednesday thumbup
OK so in a nutshell how have you prepared your defence - just interested