HELP!! i think i maybe about to be bent over by the DVLA
Discussion
Just wondering what your take is on my current situation.
late 2010 my car was taken by a local scrapyard while i was away. the only person in the house at the time was my mum who (not knowing herself what to do with the documentation) gave the v5 etc to the bloke (pik-ey) who came and collected it. they said they would sort it, they didn't.
i've had a few letters through telling me i have an £80 fine for not declaring the car SORN, but have not paid it due to not being able to get through to anybody on the phone to find out how to resolve it. i have written a letter, even got photo's of the car in pieces in the scrapyard, which has been sent.
came in to find a solicitors letter today asking for the £80 in 7 days warning me that they want to take me to court. just sent off another copyto the dvla in swansea and to their solicitors.
any advice?????
they cant take money or my car off me. i have neither. but CCJ's at 19's not very appealing......
dont know if this thread is in the right place. if not, let me know il move it.
late 2010 my car was taken by a local scrapyard while i was away. the only person in the house at the time was my mum who (not knowing herself what to do with the documentation) gave the v5 etc to the bloke (pik-ey) who came and collected it. they said they would sort it, they didn't.
i've had a few letters through telling me i have an £80 fine for not declaring the car SORN, but have not paid it due to not being able to get through to anybody on the phone to find out how to resolve it. i have written a letter, even got photo's of the car in pieces in the scrapyard, which has been sent.
came in to find a solicitors letter today asking for the £80 in 7 days warning me that they want to take me to court. just sent off another copyto the dvla in swansea and to their solicitors.
any advice?????
they cant take money or my car off me. i have neither. but CCJ's at 19's not very appealing......
dont know if this thread is in the right place. if not, let me know il move it.
Edited by dj2202 on Friday 3rd February 16:48
The problem is that you did not complete section 9 of the V5 (the bit that says do not give this section to the motor trader or pik-ey) to notify the DVLA that it had been scrapped. So as far as they are concerned the vehicle either has to be taxed or sorned or you get a fine.
I don't think you will get very far trying to argue your case against the DVLA and all the time your fine remains unpaid it is likely to increase. My advice would be to contact the solicitors chasing the fine and ask to pay it in installments (£5 a week!). They have to take note of your financial circumstances and any offer of payment by you should stop any further legal proceedings by them.
Your post should also be in the speed,plod and the law section. This is not the SORN Offroad forum
I don't think you will get very far trying to argue your case against the DVLA and all the time your fine remains unpaid it is likely to increase. My advice would be to contact the solicitors chasing the fine and ask to pay it in installments (£5 a week!). They have to take note of your financial circumstances and any offer of payment by you should stop any further legal proceedings by them.
Your post should also be in the speed,plod and the law section. This is not the SORN Offroad forum
Edited by bigblock on Friday 3rd February 18:19
XG332 said:
Hooli said:
What have you told them already? I'd be tempted to claim you'd sent the V5c in correctly & they've lost it (as they do with most mail).
Then they claim it's your responsibility to check and make sure they received it. Hooli said:
What have you told them already? I'd be tempted to claim you'd sent the V5c in correctly & they've lost it (as they do with most mail).
Arent there enough perjury cases in the news currently?XG332 said:
Then they claim it's your responsibility to check and make sure they received it.
If you have sent it off, the argument has been sucessfully won now. It's not for you to prove DVLAs post system.How long ago did you tell them youd sold it?
Is the
Edited by saaby93 on Saturday 4th February 11:11
If you have copies of all the correspondence and can confirm they never replied to your letter I'd take it to court. It will have to be heard in your local court and you'll stand up in front of the magistrate and say here's the letter I sent them I never had a reply. I sent them these photos etc and never had a reply.
I'd then hope that the magristrates either dismiss the case or just apply the initial fine. If it is magristrate court not sure it will count as a CCJ either, someone else will know.
I'd then hope that the magristrates either dismiss the case or just apply the initial fine. If it is magristrate court not sure it will count as a CCJ either, someone else will know.
I think it's not so much not wanting to be honest, and more that the whole system seems unfair - anything to do with DVLA or parking, you are guilty until proven innocent, and the whole computer says no attitude to a fair and reasonable explanation.
The car is scrapped, there is some proof of that, but the whole automatic issuing of fines I have to say pisses me off too - there seems no reasoning or appeal with the DVLA, so it's understandable people want to lie to avoid paying a penalty that seems out of proportion to the "offence"......
If the fine was £30 then it may be different...
Just my threepennyworth
The car is scrapped, there is some proof of that, but the whole automatic issuing of fines I have to say pisses me off too - there seems no reasoning or appeal with the DVLA, so it's understandable people want to lie to avoid paying a penalty that seems out of proportion to the "offence"......
If the fine was £30 then it may be different...
Just my threepennyworth
You have to send the V5 in.
They will write to you confirming receipt.
Should you not receive such notification within 4 weeks, you need to phone them.
Unless you do so, you remain liable.
Phone them on 0300 123 1279 and make sure they NOW know you are no longer the keeper.
You have no defence against the currently imposed fine, pay it, the instructions on the back of the V5 are very clear. Unfortunate though it may be for a youngster, it is YOUR responsibility as keeper to make sure you understand the responsibilities.
lesson learnt, read all legal documents carefully, if you don't understand them, ask!
They will write to you confirming receipt.
Should you not receive such notification within 4 weeks, you need to phone them.
Unless you do so, you remain liable.
Phone them on 0300 123 1279 and make sure they NOW know you are no longer the keeper.
You have no defence against the currently imposed fine, pay it, the instructions on the back of the V5 are very clear. Unfortunate though it may be for a youngster, it is YOUR responsibility as keeper to make sure you understand the responsibilities.
lesson learnt, read all legal documents carefully, if you don't understand them, ask!
kaf said:
You have to send the V5 in.
They will write to you confirming receipt.
Should you not receive such notification within 4 weeks, you need to phone them.
Unless you do so, you remain liable.
Phone them on 0300 123 1279 and make sure they NOW know you are no longer the keeper.
You have no defence against the currently imposed fine, pay it, the instructions on the back of the V5 are very clear. Unfortunate though it may be for a youngster, it is YOUR responsibility as keeper to make sure you understand the responsibilities.
lesson learnt, read all legal documents carefully, if you don't understand them, ask!
Youve not been reading this forum long They will write to you confirming receipt.
Should you not receive such notification within 4 weeks, you need to phone them.
Unless you do so, you remain liable.
Phone them on 0300 123 1279 and make sure they NOW know you are no longer the keeper.
You have no defence against the currently imposed fine, pay it, the instructions on the back of the V5 are very clear. Unfortunate though it may be for a youngster, it is YOUR responsibility as keeper to make sure you understand the responsibilities.
lesson learnt, read all legal documents carefully, if you don't understand them, ask!
If youve posted it and they dont receive it it's their problem not yours
You can help by phoning up if you realise, but if you have told them they shouldnt fine you for not telling them, they may take it as far as the doors of court.
The interesting bit here is whether you actually need to use the V5 to tell them or is it enough to write a letter if the V5 has gone missing
Edited by saaby93 on Saturday 4th February 16:07
kaf said:
You have to send the V5 in.
They will write to you confirming receipt.
Should you not receive such notification within 4 weeks, you need to phone them.
Unless you do so, you remain liable.
Phone them on 0300 123 1279 and make sure they NOW know you are no longer the keeper.
You have no defence against the currently imposed fine, pay it, the instructions on the back of the V5 are very clear. Unfortunate though it may be for a youngster, it is YOUR responsibility as keeper to make sure you understand the responsibilities.
lesson learnt, read all legal documents carefully, if you don't understand them, ask!
You do not "need" to telephone them. By sending the document you have completed all the duty you have in law. Any claim by DVLA to the contrary is their invention.. It's best to get a receipt from the PO, though.They will write to you confirming receipt.
Should you not receive such notification within 4 weeks, you need to phone them.
Unless you do so, you remain liable.
Phone them on 0300 123 1279 and make sure they NOW know you are no longer the keeper.
You have no defence against the currently imposed fine, pay it, the instructions on the back of the V5 are very clear. Unfortunate though it may be for a youngster, it is YOUR responsibility as keeper to make sure you understand the responsibilities.
lesson learnt, read all legal documents carefully, if you don't understand them, ask!
Streaky
streaky said:
You do not "need" to telephone them. By sending the document you have completed all the duty you have in law. Any claim by DVLA to the contrary is their invention.. It's best to get a receipt from the PO, though.
He has tried to phone them (the pain of the phone system) and sent them a letterIs that enough or does he have to send the document he doesnt have?
streaky said:
You do not "need" to telephone them. By sending the document you have completed all the duty you have in law. Any claim by DVLA to the contrary is their invention.. It's best to get a receipt from the PO, though.
Streaky
Not what it says on the V5. But happy to bow to superior knowledge.Streaky
See relevant legislation below:
Section 7 Interpretations act 1978 (IA78) which reads as follows...
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.
In practice this means that is you attest to posting the V5 or written notification to the DVLA the burden of proof that you did not do is ENTIRELY on the DVLA.
In practice this means if you state that you returned the required form to the DVLA they cannot take any action.
The DVLA legal beagles know this full well.
In common with the modern barrow boy approach they try it on.
Send them a letter by recorded delivery and quote the above script and warn them that any further action will be regarded as harassment.
Set your letter out as a complaint of harassment include the above and you will stop this nonsense. The complaint answering requirements within the DVLA means a brain will actually read the letter.
The recorded delivery means they cannot deny receipt.
I have never known this method to fail.
I am of course assuming that you did send the letter. As will the DVLA.
Section 7 Interpretations act 1978 (IA78) which reads as follows...
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.
In practice this means that is you attest to posting the V5 or written notification to the DVLA the burden of proof that you did not do is ENTIRELY on the DVLA.
In practice this means if you state that you returned the required form to the DVLA they cannot take any action.
The DVLA legal beagles know this full well.
In common with the modern barrow boy approach they try it on.
Send them a letter by recorded delivery and quote the above script and warn them that any further action will be regarded as harassment.
Set your letter out as a complaint of harassment include the above and you will stop this nonsense. The complaint answering requirements within the DVLA means a brain will actually read the letter.
The recorded delivery means they cannot deny receipt.
I have never known this method to fail.
I am of course assuming that you did send the letter. As will the DVLA.
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