DVLA strike again!
Discussion
On 18/08/11 I part exchanged my Lexus for an Audi.
On the same day, I posted the new keeper details for the Audi and__ the V5C/3 (transfer of ownership) slip to DVLA, in the __same envelope.
Fast forward 3 weeks, and the new V5 for the Audi drops through my letterbox, but no 'letter of disposal' from the DVLA for the Lexus.
So I contacted the DVLA via email, and received a response to say they had never received the V5C/3 form (really??).
I have since contacted them again, only to be told that I have to fax or post a letter to say that I have disposed of the Lexus.
In the interim, I have received a warning notice for not declaring SORN
So today I checked the dealer website (where I traded the car in) and it's been sold! (based on the tax date, it's been sold early this month, so I guess they haven't updated their records yet)
So I checked Askmid / DVLA Vehicle check and sure enough, it's taxed and insured.
Yet they are still persecuting me for notification of disposal...
On the same day, I posted the new keeper details for the Audi and__ the V5C/3 (transfer of ownership) slip to DVLA, in the __same envelope.
Fast forward 3 weeks, and the new V5 for the Audi drops through my letterbox, but no 'letter of disposal' from the DVLA for the Lexus.
So I contacted the DVLA via email, and received a response to say they had never received the V5C/3 form (really??).
I have since contacted them again, only to be told that I have to fax or post a letter to say that I have disposed of the Lexus.
In the interim, I have received a warning notice for not declaring SORN
So today I checked the dealer website (where I traded the car in) and it's been sold! (based on the tax date, it's been sold early this month, so I guess they haven't updated their records yet)
So I checked Askmid / DVLA Vehicle check and sure enough, it's taxed and insured.
Yet they are still persecuting me for notification of disposal...
king muppets!TonyRPH said:
I have since contacted them again, only to be told that I have to fax or post a letter to say that I have disposed of the Lexus.
If you can put up with the hassle of them trying to take you to court (which they will abandon at the very last possible moment before you enter the court room as they have no case at all and are relying on you not turning up or being bullied into pleading guilty) then you need to do nothing at all.You have posted them the forms and under the interpretations act they are deemed to have received them as you have posted them. You have fully complied with your legal obligation unless they can prove that you didn't post it (which is basically impossible).
On the other hand the idea of a DVLA strike is quite nice. Not like anyone would miss 90% of the work they do.
All the best
Keith
Interpretations Act
You notified them and your only duty was to post the envelope. They have to prove that you did not.
My last letter (which followed a tough you must pay letter) went along the lines of:
I write in reply to your unsigned letter dated 1 July 2010.
I note that in your 2nd paragraph you mention that an acknowledgement letter would normally be sent within 4 weeks. Unfortunately I was unaware of this, nor would I normally track 4 weeks from sending DVLA notification of a change of keeper. Please could you advise where this requirement is laid down in Statute rather than merely printed on the back of the Registration Document?
I in turn refer you to the Interpretations Act 1978, Sec 7 which states “Where an Act authorises or requires any document to be service by post. 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.
Love me...
You notified them and your only duty was to post the envelope. They have to prove that you did not.
My last letter (which followed a tough you must pay letter) went along the lines of:
I write in reply to your unsigned letter dated 1 July 2010.
I note that in your 2nd paragraph you mention that an acknowledgement letter would normally be sent within 4 weeks. Unfortunately I was unaware of this, nor would I normally track 4 weeks from sending DVLA notification of a change of keeper. Please could you advise where this requirement is laid down in Statute rather than merely printed on the back of the Registration Document?
I in turn refer you to the Interpretations Act 1978, Sec 7 which states “Where an Act authorises or requires any document to be service by post. 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.
Love me...
The have issues sending two documents in the same envelope. I sent two log books off both cars had been scrapped. I only ever got a confirmation letter for one of them and was threatened with a fine for the other. 
Give them a call, write them a letter and go online before they send a "fine". After that you are pissing into the wind (see DVLA vs Liquid Knight).
Give them a call, write them a letter and go online before they send a "fine". After that you are pissing into the wind (see DVLA vs Liquid Knight).
Liquid Knight said:
The have issues sending two documents in the same envelope. I sent two log books off both cars had been scrapped. I only ever got a confirmation letter for one of them and was threatened with a fine for the other.
Give them a call, write them a letter and go online before they send a "fine". After that you are pissing into the wind (see DVLA vs Liquid Knight).
That would be Liquid Knight is pissing into the wind. I'm convinced they were having a competition to see how long a letter they could get from you.Give them a call, write them a letter and go online before they send a "fine". After that you are pissing into the wind (see DVLA vs Liquid Knight).
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