Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

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  1. #1
    Basic Account Holder moozer Novitiate

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    Default Failure to notify change of keeper - court summons

    Hi all. I need help with this issue. I sold a car in June and sent the V5 document a week or so later. July comes and I receive a letter from the DVLA stating that I am the registered owner of xxx registration mark - this was alien to me as the reg mark stated was not of the car I sold. I contacted DVLA to ask what this was all about. I gave them the reg mark of the car I sold and they confirmed that the car in question was correct and that a problem had arisen due to the new owner applying to get her personalised plate reegistered for that car. I thought nothing more of it. A few weeks later I received another letter from the DVLA asking me to pay a fine for not notifying them of change of ownership of the car. I tried to contact the DVLA to enquire if they had received my documents. They promptly told me to deal with the Preston office (the prosecutor). Contacting the Preston office was a huge problem and when I eventually spoke with someone they told me to pay up or go to court and wouldn't listen further.

    So, earlier this week I got a court summons.

    I don't know what to do. Do I respond directly in writing to the prosecutor with a "not guilty" plea? I sent the V5 as required but still haven't received confirmation that they have received it.

    Where do I stand?

    Please help - court is 20th October

    Moozer


  2. #2
    Basic Account Holder zoomboy Novitiate

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    Default Re: Failure to notify change of keeper - court summons

    Do some more reading on here. You'll find you can build a defense in regard to there not being a legal requirement to contact the DVLA as they request. Your statement of truth stating you posted of the V5 in accordance with their requirements should be a position they can not refute.

    Also, write to your MP! writetothem com will help.


  3. #3
    Basic Account Holder Dragons Dennis Informative Dragons Dennis Informative Dragons Dennis Informative

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    Default Re: Failure to notify change of keeper - court summons

    Your defence is that you posted the relevant portion of the V5c to DVLA by first class post on (date) and that is the end of your legal obligation.


  4. #4
    Basic Account Holder moozer Novitiate

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    Default Re: Failure to notify change of keeper - court summons

    Could I write to the prosecutor and detail this? Would they consider ending proceedings against me? I really don't want/can't afford to go to court. I'm a teacher trainee just starting my training on the 18th October. Not looking good if I have to go to court 2 days into it!!


  5. #5
    Basic Account Holder moozer Novitiate

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    Default Re: Failure to notify change of keeper - court summons

    I've sent an email to my MP through writetothem dot com but have yet to receive a reply. What else should I do? Do I need to reply to the summons by post and mark it as a not guilty plea with a covering letter? If so, should I mention that I have contacted my MP and quote the Interpretation Act section 7 (post)?

    Any help here greatly appreciated guys. Thank you.


  6. #6
    Basic Account Holder zoomboy Novitiate

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    Default Re: Failure to notify change of keeper - court summons

    Quote Originally Posted by moozer View Post
    I've sent an email to my MP through writetothem dot com but have yet to receive a reply. What else should I do? Do I need to reply to the summons by post and mark it as a not guilty plea with a covering letter? If so, should I mention that I have contacted my MP and quote the Interpretation Act section 7 (post)?

    Any help here greatly appreciated guys. Thank you.
    The writetothem can take a while, but there are usually all kinds of KPI's that means you will get a reply and they will have to meet a deadline date.

    Many on here caution against declaring your defence in a letter. If you simply state you met your legal obligation and leave it at that, you can then pull that out in court. It won't be in your interesticon to provide them with the statutes in order to respond, prior to your presentation of defence.


  7. #7
    Basic Account Holder moozer Novitiate

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    Default Re: Failure to notify change of keeper - court summons

    Hi I have drafted a letter:

    Dear Sir/Madam,
    I am writing in respect of the allegation that I, xxx, am accused of failing to notify change of keeper on the vehicle xx(previously registered to myself as yy).
    I would like to clarify that I have fulfilled my legal obligations as the seller of the above vehicle by forwarding the relevant V5 document to the DVLA in Swansea by first class post on the 14th June 2010. The vehicle in question was sold at 21:40 hours on the 13th June 2010.
    Upon receiving a letter from your office on 30th July I contacted your office to discuss the matter and was met with an operator whom would not discuss this issue and I was left feeling rather hurt. I contacted the DVLA in Swansea to enquire about their receipt of the V5 documents and again was unable to discuss matters as the details were now in the hands of your office in Preston.
    I am very concerned that this issue has gone as far as court action (scheduled for 20th October) and wish for you to contact me to discuss this.
    Yours Faithfully


    Any thoughts? Will this solicit a prompt response at all?



  8. #8
    Basic Account Holder zoomboy Novitiate

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    Default Re: Failure to notify change of keeper - court summons

    I would have gone with an additional "Seeking a resolution in court over this matter is your right, but should you persist then I should notify you that I have every intention of defending this matter and seeking to recover my costs."


  9. #9
    Basic Account Holder moozer Novitiate

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    Default Re: Failure to notify change of keeper - court summons

    Quote Originally Posted by zoomboy View Post
    "Seeking a resolution in court over this matter is your right, but should you persist then I should notify you that I have every intention of defending this matter and seeking to recover my costs."
    Would this not be the same as sending in the form stating "not guilty" though? I'm going to send this letter tonight, so just need to clarify - do I need to sign the form and send that with my letter or just the letter?
    Thanks.


  10. #10
    Basic Account Holder zoomboy Novitiate

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    Default Re: Failure to notify change of keeper - court summons

    Quote Originally Posted by moozer View Post
    Would this not be the same as sending in the form stating "not guilty" though? I'm going to send this letter tonight, so just need to clarify - do I need to sign the form and send that with my letter or just the letter?
    Thanks.
    If you're not going to attend court to offer a defence I'd think it would be difficult to win. Personally I'd take the time to attend. There are certain thing you can claim for even though it is small claimsicon, travel, postage and maybe lost earnings. I'm no expert though.


  11. #11
    Basic Account Holder moozer Novitiate

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    Default Re: Failure to notify change of keeper - court summons

    GOOD NEWS!!! Received letter from "The Prosecutor" and the DVLA have withdrawn the "charge" against me - no further action!!

    WOOHOO!!!!

    Thanks to all for their support and advice.

    Moozer


  12. #12
    Basic Account Holder Dragons Dennis Informative Dragons Dennis Informative Dragons Dennis Informative

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    Default Re: Failure to notify change of keeper - court summons

    Good news. There was never a case to answer which is the ONLY reason they dropped it. They just chance their luck and get away with it most of the time because people believe they must pay.

    Well done for standing up for your rights.


  13. #13
    Basic Account Holder zoomboy Novitiate

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    Default Re: Failure to notify change of keeper - court summons

    Well done!


  14. #14
    Basic Account Holder kwaks Novitiate

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    Default Re: Failure to notify change of keeper - court summons

    Result, though it should never have got that far in the first place.


    DVLA are notorious for losing post, and then sending out fines saying you never sent it!!!

    The defence to this which was alluded to earlier is the Intepretation Act, essentialy if you posted it then it is deemed delivered.


  15. #15
    Basic Account Holder WeAllNeedHelp Novitiate

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    Default Re: Failure to notify change of keeper - court summons

    Moozer, Great news!
    Ive been reading on here for while, I have a very similar if not the same case going on, in my case the V5 was sent of in July 2009, the day after I sold the vehicle. I actually kept a copy of the logbook, for records purposes.
    Same as you when I received the FTN notice I rang my enforcement office (Birmingham), quoted the Interpretation Act and the no Legal requirement to case but they weren't budging.
    I sent back the form, by recorded delivery stating that I was not the keeper of the vehicle on the date of the alleged offence because it had been sold to "xxxxx " on xxx and that I had sent the v5, via first class post, as required by law.
    They have duly come back to me, with a standard letter "ACKPRO" which states “After careful consideration, it has been decided that this case will be settled by prosecution and the case is now being prepared for court. You will receive a summons in due course."

    I need to check with the experts on here, but I think it may be very helpful if I could quote your encounter should they decide to take it further as this would show that difference enforcement offices are not working to the same process.

    Did you sign the letter and did you add the additional quote from Zoomboy
    "Seeking a resolution in court over this matter is your right, but should you persist then I should notify you that I have every intention of defending this matter and seeking to recover my costs."

    Regards
    W



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