DVLA incompetence

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highflyer

Original Poster:

1,898 posts

227 months

Friday 2nd November 2012
quotequote all
I folks
just wondering how far this is going to go ?
I sold a Bike two years ago both parties filled out and signed the log book and it was sent off to the DVLA,
September 2012 I get a letter asking me to tax or sorn the bike, so I called them to explain that I had sold the bike, couldn't remember the exact date or the guys name or address, so the man at the DVLA said just return the paperwork with the details, which I did.
Today I get a Failure to relicense vehicle ******* and on the back they are asking me for a statement
so I have left the statement blank but replied on a seperate piece of paper the following
Dear Sir
This is the 2nd time you have sent me paperwork regarding ******* the bike was sold around August 2010 to a man in Conwy North Wales, all the relevent paperwork ie logbook was signed and sent to you The DVLA at that time.
I called the DVLA at 12.53 on the 20/09/12 when I recieved the last paperwork explaining this and sent the paperwork back with the details I had, which is the same as above.
SOLD AROUND AUGUST 2010
MAN IN CONWY N WALES
I NO LONGER OWN OR HAVE THIS BIKE
MATTER CLOSED !!!

To be honest I wrote it in haste due to being pi55ed off at having to fill in a statement, bit late now as it was posted 10 mins ago so no going back.
I cant remember who bought it cos I didn't keep a record, the bikes gone, the only reason I know it was about August was because it was advertised on PH

highflyer

Original Poster:

1,898 posts

227 months

Friday 2nd November 2012
quotequote all
Bertieg thanks for the reply
no I don't remember recieving a change of keeper but there is no fking way I am paying a fine 2 years later for there incompetence, I will call them monday and explain that I sent the letter back today and thats as far as I am going, we have 4 vehicles all of which are fully road legal, I have 3 number plates on retention which costs £75 a year, so they can FCK off

highflyer

Original Poster:

1,898 posts

227 months

Friday 2nd November 2012
quotequote all
Excellent thankyou for the replys put my mind at rest, got to be honest I dont remember recieving a letter for the change of owner, just checked out the web site and you are supposed to recieve this within 4 weeks of sending off the log book, that I do remember sending, because after he put the bike in the van and drove off I went out and posted the log book on the way.
I will see what there response is monday, bloody typical you always recieve letters like this on a Friday when you get in from work and have to stew over the weekend because they are closed.
thanks again
ps thanks blairout yes from now I shall keep a copy of all paperwork and reciepts

Edited by highflyer on Friday 2nd November 20:28

highflyer

Original Poster:

1,898 posts

227 months

Saturday 3rd November 2012
quotequote all
cant sleep now, note time of posting frown
Thought I would get a response before I send this letter recorded delivery
  • ***** was on sorn when I bought it, because it was a box of bits, I had it rebuilt and sold it while it was still on sorn,
the man I sold it to was from Conwy N Wales, I remember counting out the money filling in the log book giving him the green slip and loading the bike into a large van I remember posting the log book the same day on my way out so I know the logbook was posted to the DVLA this was over 18 months ago, I am NOT the registered keeper.

Section 7 interpretations act 1978 (IA78)

there is no reference to proof of posting required ie recorded delivery or seigned for anywhere on a V5C
Therefore my obligations to the DVLA are fulfilled by posting the logbook over 18 months ago
I now consider this matter closed.

highflyer

Original Poster:

1,898 posts

227 months

Saturday 3rd November 2012
quotequote all
Thanks streaky for the reply but it is only at the letter stage, I will go to court if I have to, because I am NOT paying for somebody else's mistakes and I am not going to roll the fck over, I wont be paying for a solicitor or be out of pocket either, I remember sending the paperwork off the same day because I dropped it in the letterbox on my way out, BUT if I sell another vehicle in the future I WILL be keeping a record.
What annoys me we have 4 vehicles, always totally legal, 3 numberplates on retention, so they are getting there money's worth out of me without trying to stitch me up for more, so basically they can get fcked, called DVLA this am, no help whatsoever from an arrogant btch who said I will have to speak to the area enforcement office on monday so still got to stew over the weekend, getting more annoyed as they probably have me by the ba11's but the above still applies smile

TOnup NO thats what I don't understand haven't recieved a reminder before bikes been gone over 18 months

Dear sir/madam
our records show you are the registered keeper of the above vehicle. This vehicle did not have a valid tax disc or Statutory Off Road Notice (SORN) in force from 01/09/2012 this is an offence.





Edited by highflyer on Saturday 3rd November 14:31

highflyer

Original Poster:

1,898 posts

227 months

Sunday 4th November 2012
quotequote all
This is my draft letter just wondering if you guys think it will cover it, I have incorporated what has been said and I thank you, as I tend to be a bit more to the point and not very subtle

ref no *********
Please ignore previous letter dated 2/11/2012 this was written in haste due to the nature of your letter headed Failure To Licence

  • ***** was on sorn when I bought it, because it was a box of bits. I had it rebuilt and then sold it while it was still on SORN.
The man I sold it to was from Conwy North Wales. I remember counting out the money, filling in the log book, giving him the green slip and loading the bike into a large van and then posting the log book the same day on my way out. I know the log book was posted to the DVLA. This was over 18 months ago, I am not now the Registered Keeper.

Section 7 interpretations act 1978 (IA78)

There in no reference to proof required of posting by recorded delivery or that it it has to be signed for, anywhere on the V5C form

My obligations to the DVLA were fulfilled by posting the log book 18 months ago. I consider it your responsibility to contact the new owner with reference to Tax or SORN of this vehicle. I am fully aware that it is an offence, but as I have already sent you the required notification, it is neither my fault nor my problem that your records are incorrect. I now consider this matter closed, as it has been over 18 months

regards

this is a draft but if there is anything you think I should add please let me know

like I said im not very subtle and would like to add 'now fck off' but I don't think that would help wink

highflyer

Original Poster:

1,898 posts

227 months

Sunday 4th November 2012
quotequote all
why didnt I get this 6 months or 12 months ago though ??

Edited by highflyer on Sunday 4th November 19:03

highflyer

Original Poster:

1,898 posts

227 months

Wednesday 7th November 2012
quotequote all
letter sent recorded delivery with tracking no, so they can't say they didn't recieve my reply, will have to wait the outcome.

highflyer

Original Poster:

1,898 posts

227 months

Friday 9th November 2012
quotequote all
Section 9 on the back of the V5C on the right paragraph

We will send you an acknowledgement letter confirming you are no longer the registered keeper. We will do this within 4 weeks, if you do not recieve this letter, phone DVLA Customer Enquiries on ******** as you could still be liable for the vehicle and you may get a penalty and/or proscuted.

got to say I have never read this until now, I have always just filled in the V5 torn out the green bit handed it to the new keeper and posted the rest off, and I don't ever remember recieving an acknowledgement letter for any vehicles that I have sold previously.
my present car that I bought just over a year ago they sent the log book then about 6 months ago I got a new style logbook through and told this was to replace the old one and destroy the old one, which I have actually kept.
So unfortunatly it is in black and white but as its over 18 months ago I am not giving in to these incompetent aholes and shall await there reply.

highflyer

Original Poster:

1,898 posts

227 months

Saturday 10th November 2012
quotequote all
Well got my reply today so registered post works !!


Thankyou for your response in respect of the late licensing penalty issued to you for failing to relicense your vehicle as required
The information you have provided will be used to update our records and you should recieve an acknowledgement letter within 20 working days, if you do not recieve this letter please telephone 03007906802.

While you may no longer be the keeper of this vehicle we did not recieve notification at the relevant time and therefore, as the registered keeper, you were responsible for licensing the vehicle or making a statutory off road notification(SORN) it is not a valid defence to claim that you allowed a motor trader or other third party to notify the DVLA of disposal, and an Acknowledgment letter issued after the commencement of enforcement procedures would not be accepted as mitigation.
If you have scrapped your vehicle and have an official certificate of destruction (CoD)please send us a copy and we will arrange for the vehicle record to be updated. No further action will be taken if the official CoD bears an issue date prior to the breach of legislation. We would advise you of our decision. However on the information held you are still liable for the £80 late licensing penalty. Only payments recieved by 25/11/2012 are at the reduced rate of £40 Furthermore the arrears of duty remain outstanding.

If you wish to pay by debit/credit card please phone the above number. Please note this line is for payment only and you will not be able to discuss your case. Alternatively payment can be accepted by cheque or postal order made payable to DVLA. This payment should be returned with a copy of this letter. If payment is not recieved, further enforcement action will be taken, as matters cannot remain unresolved.
We believe that the decision we have made in your case is correct and appropriate. However if you feel that there is further mitigating information that we have not taken into account, you can contact us on the above phone number or write to the above address, quoting the vehicle registration number, to request a dispute form (V991). This will be sent within one day of reciept of your request. Please note that simply disagreeing with our decision would not be sufficient cause to enter the dispute process.
yours Sincerely
enforcement officer

Well here we go on a long road, because I am not paying for something that I havent got and havent had for 18 months, due to somebody else total incompetence as original title


highflyer

Original Poster:

1,898 posts

227 months

Saturday 10th November 2012
quotequote all
Try this www.bitterwallet.com interesting

highflyer

Original Poster:

1,898 posts

227 months

Saturday 10th November 2012
quotequote all
Yea go to court and show them up for the incompetent Tw4t5 they are, thats what I will be doing
ps are they also saying you will have to pay the back tax for 4 years ?

highflyer

Original Poster:

1,898 posts

227 months

Sunday 11th November 2012
quotequote all
With these feet JOG ON !!
As stated I will not pay £40 for somebodys elses mistake i dont rollover for anybody and its people like you who dont stand up for yourselves, that we have to fight for, then you lightweights benifit.
as previously stated this was over 18 months ago, I also sold a car 2 years ago and never recieved a letter stating that its been noted that I am no longer the registered keeper, so can I expect another failure for that car soon ?

highflyer

Original Poster:

1,898 posts

227 months

Tuesday 13th November 2012
quotequote all
Had the office upside down today and bugger me found a copy of the sale dated 09/may/2011 and hand written by the new owner his address and 2 telephone numbers after 3 messages managed to speak to him, he has promised me that he has the logbook and will give me the number on the logbook to give to the DVLA its in his van ? this is the 4th time now and still he hasn't given it to me,
what if I hadn't found these details ? should I just let the BS carry on, or just give the DVLA the details, would really like to push it, now I have the details use it as my ace in the pack.
WTF do I do now ?

Edited by highflyer on Tuesday 13th November 21:29

highflyer

Original Poster:

1,898 posts

227 months

Friday 23rd November 2012
quotequote all
Well got my reply back from the DVLA Enforcement Centre today 13 days after my recorded delivery reply, and I am a little disappointed with the reply


Late Licensing Penalty *******
Dear Mr ******
Thankyou for your recent response in respect of the late licensing penalty issued to you for failing to relicense your vehicle as required.
The contents have been noted and under the circumstances no further action will be taken on this case.
yours sincerely

To be honest I wanted to take it all the way,
just wonder how many people give into these fck wits
about 10 million quids worth every year after looking on the internet.

highflyer

Original Poster:

1,898 posts

227 months

Friday 23rd November 2012
quotequote all
£15 victim surcharge, who is the victim ?? cant have turned up to defend themselves, total scam

highflyer

Original Poster:

1,898 posts

227 months

Saturday 24th November 2012
quotequote all
Question is
do I send them the details of the new owner and a copy of the sale reciept with the date that I found,
or just let it go now ??