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    • did you submit your directions
    • They have defended the claim by saying that the job was of unsatisfactory standard and they had to call another carpenter to remedy. My husband has text messages about them losing the keys a second time and also an email. What do they hope to achieve??? Most importantly,  as far as I have seen online, now I need to wait for paperwork from the court, correct?
    • The Notice to Hirer does not comply with the protection of Freedoms Act 2012 Schedule  4 . This is before I ask if Europarks have sent you a copy of the PCN they sent to Arval along with a copy of the hire agreement et. if they haven't done that either you are totally in the clear and have nothing to worry about and nothing to pay. The PCN they have sent you is supposed to be paid by you according to the Act within 21 days. The chucklebuts have stated 28 days which is the time that motorists have to pay. Such a basic and simple thing . The Act came out in 2012 and still they cannot get it right which is very good news for you. Sadly there is no point in telling them- they won't accept it because they lose their chance to make any money out of you. they are hoping that by writing to you demanding money plus sending in their  unregulated debt collectors and sixth rate solicitors that you might be so frightened as to pay them money so that you can sleep at night. Don't be surprised if some of their letters are done in coloured crayons-that's the sort of  level of people you will be dealing with. Makes great bedding for the rabbits though. Euro tend not to be that litigious but while you can safely ignore the debt collectors just keep an eye out for a possible Letter of Claim. They are pretty rare but musn't be ignored. Let us know so that you can send a suitably snotty letter to them showing that you are not afraid of them and are happy to go to Court as you like winning.  
    • They did reply to my defence stating it would fail and enclosed copies of NOA, DN Term letter and account statements. All copies of T&C's that could be reconstructions and the IP address on there resolves to the town where MBNA offices are, not my location
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More DVLA Failure to notify new keeper


fredrick52
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Greetings all,

I too am in the proceedure of fighting a £55 fine for failiure to noitify.

 

I did copy snooplottys letter in an earlier thread, and adjusted to suit and sent it .....today i recieved the following:

 

Dear Mr XXXX

Thank you for your recent enquiry concerning the out of court settlemnt offered to you

in respect of motor vehicle registration mark XXXX XXXX for which a notification of keeper change has not been recieved.

 

A disposal notification for this vehicle was not recieved at DVLA and therefore the vehicle remained

registered in your name. The requirement to notify disposal of a vehicle is contained within

regulation 22-24 of the road vehicles (registration & licensing)regulations 2002.

 

Information on disposal of a vehicle is available on the vehicle registration certificate (VC5)

 

The mitigation you submitted is noted,but it does not materially alter the outcome of your case or

constitute a defence.

Consequently you are still liable for the £55 which must be recieved at this office by 06/09/10

 

Please pay this penalty blah..blah,blah..................

 

I did send my v5 off in january this year,but not by registered post

 

I wondered if anyone could advice me of the next step i should take,

 

Kind regards..Freddy

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There is no requirement for registered post as the law is cleart in this respect. Once you have posted it, your legal requirment is fulfilled. If it gets lost, stolen, eaten or anything else, that is DVLA's tough doodies. Invite them to take you to court where you will file your defence because you have done all that was legally required.

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No, don't invite them to take you to court. You need that like a hole in the head. You have not supplied them with 'mitigation' but information 'proving compliance' with the regulations. The Interpretations Acts also provide confirmation you have fully discharged your obligations so, with regret, do not accept the DVLAs interpretation of events.

 

If they want to do anything else, you've already stated your defence of their charge against you. That is up to them.

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