View Full Version : fun with dvla, legal?
Adey aka Ewok
07-07-2012, 12:52
Hi all, I sold a car quite a while ago and sent off the v5. A few months later I received a letter saying my tax was due, I contacted the dvla by letter to say I was no longer the registered keeper and wasn’t my issue. I then received a fine that I responded to with a letter stating that I had contacted them before in letter and with the original v5. I have had a response that has offered me a discounted fine, though out of principal of them not dealing with the issue in the first place don’t want to pay.
Am I correct in saying that I’m only required to post the v5 to the dvla and by doing so my statutory requirements are fulfilled? Chasing them up for not receiving an acknowledgement letter is not the law and I don’t have to do it?
I dont have proof of postage for the v5 or the first letter after the tax note but do have one for my last letter. Do they have to prove i didn't post it?
Penfold aka The Dealer
07-07-2012, 12:56
Speak to Dale Jarvis (bigfoot)
Seem to remember him having an issue like this....
He refused to pay anything, went to court... And he got it overturned (i believe the DVLA didnt send anyone, so the judge ruled in favour of dale).... Happens alot mate...
Adey aka Ewok
07-07-2012, 13:19
cheers ill link him this and see what he says :agree:
Like Chris said, happened to myself, sent off letter, didn't notice in the small print you are supposed to get a confirmation saying that there is a new owner on the vehicle which I never got but until then you are still the owner technically. With my situation the new owner taxed vehicle and then sorn it getting a refund with money being sent to him, think that helped me win my case. Did you write a receipt of sale with date and signature from yourself and new owner? You might be able to get rid of it that way but only if get taken to court. They wouldn't deal with me over the phone so only letters but wasn't actually listening to anything I said they are stuck in there way. How much is the fine for, think mine was £90 but still wasn't going to pay that. They dont normally send any people to court so if you do go there and present yourself well I dont see why you wont win but issue being is that if you loose its another £70 I think on top of it now. Mine went on for about 6 months till they arranged a court appearance. Even my local MP said I am in the wrong, should have wrote letters to all the people who said I should have just paid and told them where to go :) good luck with it and hope you get somebody sensible at the DVLA as mine kept getting passed between people because I was refusing to pay.
Adey aka Ewok
09-07-2012, 09:59
Just had a chat with a chap called Carl at the dvla, who confirmed that it is statuatory to post the v5 to the dvla (so the law) but it isnt to chase it up if you havent recieved a letter within 4 weeks. i have his name, department and the time of the call so will be either calling up again or writing a letter back. How they think they can try and charge £35 saying i should of chased them up is unreal!
Adey aka Ewok
09-01-2013, 19:16
just a little bump with this one, i am being called to court regarding it and i have called not guilty. i plan to challenge it using section 7 of the interpretations act 1978. this along with the information from Karl at the dvla telling me its not the law to chase them up and its for them to prove i didnt post it. its been a while and i hope i have a copy of the letter i sent them stating this.
Any other help or if anyone else has been in the same position would be great :agree:
Slammed 66
09-01-2013, 19:25
Can't offer any advice adey but I do hope you win your case!
the dvla are just a bunch of crazed mentalists. I wouldn't be supprised if my wife is not secretly in charge of dvla planning.
Ross
Wow, they really are nobbers sometimes.
If you go and win (which we all assume you will), you wont have to pay the fine, they'll pay costs but what about your time off work? :mad:
Adey aka Ewok
09-01-2013, 19:32
i wonder if that could be claimed also?
Funny this I've just received a letter about a car a sold to a trader. Was taxed at the time which ran out whilst in the garage. Letter from DVLA saying I owe them money.
Not getting a penny. Not my fault the post is ****
When I went they did say about do I want to counter claim against them. Decided not to because had enough of trying to sort it out in first place.
Adey aka Ewok
09-01-2013, 19:48
im ment to be there on feb 1st, i have to return my plea to them and i will also include a copy of our previous letters and a cover letter, if they still continue ill be there sticking it to the man
Just went through the same with a bike I sold over a year ago to Ireland. Received 2 sorn notification which I replied to with all the documentation required at the time including traders name and address. was told unless i could provide the acknowledgment letter the Dvla sent out then court proceedings would be started. How can I provide a letter that they know they have not sent out even though they acknowledged my 2 previous letters. ended up paying £40 fine to get them off my back.
Just went through the same with a bike I sold over a year ago to Ireland. Received 2 sorn notification which I replied to with all the documentation required at the time including traders name and address. was told unless i could provide the acknowledgment letter the Dvla sent out then court proceedings would be started. How can I provide a letter that they know they have not sent out even though they acknowledged my 2 previous letters. ended up paying £40 fine to get them off my back.
I have found that in the past a nicely worded letter normally works for me
No wonder road tax increases each year with the amount of lost ****ing cases they have I pay. What a joke.
The dvla is a joke. I'm having problems re registering my old motorbike- Its ridiculously difficult
I'm sure a trader on passionford had the same problem recently but it didn't get to court.
He put a post up and loads of people replied saying they had the same sort of problem, most who went to court won.
Good luck!
Adey aka Ewok
10-01-2013, 07:46
Just went through the same with a bike I sold over a year ago to Ireland. Received 2 sorn notification which I replied to with all the documentation required at the time including traders name and address. was told unless i could provide the acknowledgment letter the Dvla sent out then court proceedings would be started. How can I provide a letter that they know they have not sent out even though they acknowledged my 2 previous letters. ended up paying £40 fine to get them off my back.
The thing is the law as far as it written says that your have to post it, the conformation letter is not you problem to sort or it even a legal requirement. section 7 of the interpritations act says that once posted correctly you have done your bit, human rights then say you are inocent until proven guilty thus they have to prove that you didnt post it in the first place. this with the proper legal mumbo jumbo is in my return letter.
Adey aka Ewok
10-01-2013, 07:46
I'm sure a trader on passionford had the same problem recently but it didn't get to court.
He put a post up and loads of people replied saying they had the same sort of problem, most who went to court won.
Good luck!
do you know of any that went to court and lost?
Stick to your guns Adey - if you're right you're right! I think if you just present youself smartly and keep cool they'll be no case to answer in court. It's clearly not your fault here.
The DVLA is a typical government departmental joke
I SORN my old R11 and never received a confirmation letter (didn't think anything of it) When I taxed it again they said they might be in touch with me regarding the period. They never did though.........
Clowns :disagree:
I will have a look for the thread.
Bruce - BHPerformance
10-01-2013, 17:44
I had this problem when I sold Phatty.
I sent off the V5 and moved house not long after so just forgot about it.
I went to court with time and date of sale, witness to sale and receipt of sale but they said it was my responsability to chase them and I lost.
Cost me £385 in fine and costs. DVLA = Rapid hand shaking motion with rolled up fist.
I now send all V5's recorded delivery so I get a signature as proof they have received it.
Adey aka Ewok
11-01-2013, 20:20
OMG to top this off i just got another letter regarding another car, this has been sent to a place i lived 7 years ago!!!!!!!!! they are saying i haven't informed them of a car i sold 8 years ago! FPMSL i think they might have it in for me you know, in that time there has been no sorn or tax reminders, it at my daughters grandparents house and they are good as gold. always tell me of anything of mine that turns up there
I had one of those 'tax due' letters for a gordini turbo I sold years ago! Infact I think it now races In the classic car thing....
Anyway I phoned them up said I'd sold it 3 years ago and just said I'd had the letter saying it had been swapped to the new owner. Dunno if I had the letter or not! I can't remember what I had in the post yesterday!!!
Dvla guy just said oh ok fine errrr this happens all the time....
Fills you with confidence doesn't it!!!
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