Failure to notify change of keeper - court hearing

[Negative Creep]

Good luck OP. They are trying a similar thing with me, still waiting for the supposed date.....

[F i F]

Jasandjules said:

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.

This ^^, although for particularly numpty-like organisations, of which the DVLA is one, I use special delivery. Also get the PoD report and add that, plus the DVLA confirmation letter when received to the document trail.

Can show going back years this modus operandi, completely anal, of course it is but just a way of preparing the evidential support if ever needed.

Justification to myself for using Special Delivery is that the document is tracked from PO counter service to final delivery. Recorded Delivery just goes in normal post and can get lost, plus the delivery side of Royal Mail can be somewhat cavalier with PoD signatures.

I learnt to my cost many years ago the limitations of Recorded Delivery. No direct financial loss in the end but much lost time which can be just as damaging.

[Red Devil]

F i F said:

Jasandjules said:

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.

This ^^, although for particularly numpty-like organisations, of which the DVLA is one, I use special delivery. Also get the PoD report and add that, plus the DVLA confirmation letter when received to the document trail.

Can show going back years this modus operandi, completely anal, of course it is but just a way of preparing the evidential support if ever needed.

Justification to myself for using Special Delivery is that the document is tracked from PO counter service to final delivery. Recorded Delivery just goes in normal post and can get lost, plus the delivery side of Royal Mail can be somewhat cavalier with PoD signatures.

I learnt to my cost many years ago the limitations of Recorded Delivery. No direct financial loss in the end but much lost time which can be just as damaging.

Agree 100%. It is essential to take all possible precautions where DVLA is concerned.

They will swear that black is white, endlessly repeat the same tired mantra rather than address any issues raised, or admit that they are wrong/make mistakes. Affectionately known to many as 'DV LA LA LA we're not listening'.

[Negative Creep]

Rather infuriating to have to spend an extra £4 or so every time just to ensure someone doestheir job though.....

[k15tox]

BUMP.

I sold my car on the 14/4/12 filled out the v5 both signed, sent off.

Received a letter on the 19/4/12 stating that someone had put in a application to be the new keeper.

Phoned them up and explained i sold the car and they should have the v5, lady on the phone said write it down and send it in.

Wrote it down, put it to one side to send off (still within the 14 day limit).

On the 24/4/12 i recieved an acknowledgement letter, stating that i was no longer the registered keeper and there records have been updated. (must have recieved the the v5 late in the post)

So i didnt send in the letter stating that i sold the car, as they must have recieved the v5 as they have updated their records.

Got a letter today demanding a pay a 'fine' for not notifying them of a change of keeper.

Why would i when their records have been updated and they have acknowledged me?

Looks like i will be seeing them in court.

[Negative Creep]

I never heard a thing from them after saying I'd see them in court

[englisharcher]

Here's my story from when they tried it on with me.

http://www.pistonheads.com/gassing/topic.asp?h=0&a...

[Richard C]

B'stard Child said:

escargot said:

Court case going ahead next Wednesday

OK so in a nutshell how have you prepared your defence - just interested

Just read this thread. Good luck with tomorrow. My daughther's boyfrind had a similar experience with DVLA and the courts in Coventry 2 years ago. He had sold a van and sent the V5 logbook off and considered, quite reasonably that that was that. They ignored correspondence and pushed it al the way to the court. I went with him to assist as a lay adviser for a defendant representing himself and approaached the usher to request this, establish procedures and to ask for the case to be listed early. Shortly afterwards a small man whom I wrongly assumed was CPS approached us sitting outside the court and discussed the case with us. I established he was actually a local DVLA representative and he was professional rather than overbearing but quite firm in his assertions that my daughter's partner simply had failed to send off the V5. We were similarly firm in our rebuttals based on certainty that he had. I did mention the Presentation Act and that DVLA's assertion that non-receipt of their acknowldgement was the ex-keepers responsibility was completely unreasonable in law. After a few minutes he asked us to wait and came back seconds later ( not having seen anyone else ) and said they were dropping the case.

I suspect because appeared reasonably credible ( I had told my daughters's partner to wear a suit and tie )they dropped it as a bit too hard but it would have saved us all a long journey had they accepted our written submissions.

Hope this helps - You may well have the same - You say you sent the document in - be professional and stand firm.

[TPS]

Richard C said:

Just read this thread. Good luck with tomorrow.

Are we all going back in time then to 2011?

[k15tox]

englisharcher said:

Here's my story from when they tried it on with me.

http://www.pistonheads.com/gassing/topic.asp?h=0&a...

Interesting read.

Hopefully it wont go to court but if it does im more than game.

I think its an absolute joke who they can 'demand' money and try and frighten people with court action.

I will keep you all updated.

[oldsoak]

DVLA left hand..."Hiya, what are you doing?"
DVLA right hand..."I'm not telling you"

That about sums it up...

[Jasandjules]

Richard C said:

After a few minutes he asked us to wait and came back seconds later ( not having seen anyone else ) and said they were dropping the case.

I hope you asked for costs.

[daz3210]

I got an idea.

If EVERYONE who EVER sends the DVLA a notice, whether they receive an acknowledgement or not, chase the DVLA after six weeks saying 'I aint got my receipt for my papers Guvna', how long will it take before their office grinds to a halt?

[skwdenyer]

escargot said:

Court case going ahead next Wednesday

So, OP, after all this time, how did it go?

[Just Trouble]

Unfortunately many honest car owners are put through the wringer by DVLA. Years ago I scrapped an old un-roadworthy RX7. The scrap yard arrived to collect the vehicle FOC on a low loader but I made the driver write me a receipt on headed note paper stating the yard had taken the RX7. I sent the V5 off to DVLA stating the vehicle had been scrapped. Low and behold several years later!! I received a court summons via my parents address (don’t ask) stating that I would be arrested if I failed to attend. Someone had used the scrapped vehicle on the road and unpaid parking fines etc had been accumulated hence I was the last registered keeper. I had kept the scrap yard receipt and produced it in court together with a statement of posting the V5. Judge not happy but the case was thrown out. Not a very nice experience.

JT

[RtdRacer]

nuster100 said:

I sent V5, was never received.

Moved not long after, DVLA had tried to issue a fine then sent summons, which did mysteriously manage to find me.

Appeared in front of mag's, when they read out my address explained it was incorrect. They then said, so if you had received the initial fine would I have paid it (to which I said yes)

So they fined me £60 + costs + victim surcharge.

Very harsh you getting costs. VSC they had no choice about (which is crap legislation), as it's unfair that you should pay more because of their mistake.