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    • a 'witness' to it not arriving till the 15th is sadly immaterial too. regardless to the above anyway, the PCN remains valid. 
    • Hmm yes I see your point about proof of postage but nonetheless... "A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid,  must be delivered either (Where a notice to driver (parking ticket) has been served) Not earlier than 28 days after, nor more than 56 days after, the service of that notice to driver; or (Where no notice to driver has been served (e.g ANPR is used)) Not later than 14 days after the vehicle was parked A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales." My question there is really what might constitute proof? Since you say the issue of delivery is a common one I suppose that no satisfactory answer has been established or you would probably have told me.
    • I would stand your ground and go for the interest. Even if the interest is not awarded you will get the judgement and the worst that might happen is that you won't get your claim fee.  However, it is almost inevitable that you will get the interest.  It is correct that it is at the discretion of the judge but the discretion is almost always exercised in favour of the claimant in these cases.  I think you should stand your ground and don't give even the slightest penny away Another judgement against them on this issue would be very bad for them and they would be really stupid to risk it but if they did, it would cost them far more than the interest they are trying to save which they will most likely have to pay anyway
    • Yep, true to form, they are happy to just save a couple of quid... They invariably lose in court, so to them, that's a win. 😅
    • Your concern regarding the 14 days delivery is a common one. Not been on the forum that long, but I don't think the following thought has ever been challenged. My view is that they should have proof of when it was posted, not when they "issued", or printed it. Of course, they would never show any proof of postage, unless it went to court. Private parking companies are simply after money, and will just keep sending ever more threatening letters to intimidate you into paying up. It's not been mentioned yet, but DO NOT APPEAL! You could inadvertently give up useful legal protection and they will refuse any appeal, because they're just after the cash...  
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      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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Late licensing penalty


Mrfixit
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Hi,

 

September last year, I returned my vehicle to the finance company under a voluntary termination. The following day, I filled out and posted the green slip from the V5 to dvla.

 

A couple of months later, I received a letter from them saying I owed £40 fine and outstanding road tax for not taxing the vehicle.

 

I wrote to them appealing, I sent a copy of the paperwork from the finance company showing the change of ownership, and I told them I'd sent the slip via 1st class post.

 

They refused the appeal, saying that I should have received a confirmation slip, and if I hadn't, it was up to me to get back in touch with them.

 

I've trawled forums and Google, but can't really find the info on how to proceed.

 

The trouble is, DVLA say that any further correspondence from me regarding this penalty will be placed on file without response, and I've tried discussing the issue on the phone but they refuse to cooperate.

 

I've now received a request for payment from a DCA.

 

Cheers

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well you totally ignore the dca

they are NOT BAILIFFS

and have

ZERO legal powers on any debt

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks for your reply.

 

I know to ignore the Dca.... I've read up and researched as much as I can.

 

The issue is I'm at a loss as to how to proceed with this dispute. Do I have any hope or should I give in and pay the fine and tax?

 

I can't even fathom a way of communicating with DVLA 😕

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Once I received the penalty notice, I wrote to them to say I intend to appeal.

 

They sent me a form out which I filled in.

 

I stated that I filled out the green slip from the v5 the following day and sent it via 1st class post.

 

I also stated that according to the dvla website, this was all that was required from me and that I am under no obligation to await a confirmation slip from them.

 

They responded by saying they could see no reason to withdraw the penalty, and that any further correspondence from them will be placed on file without response.

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I stated that I filled out the green slip from the v5 the following day and sent it via 1st class post.

 

 

 

If it was the green V5C/2 part of the V5C that you sent, that could be the problem (that is given to the new keeper in a private transaction).

You should have sent the yellow V5C/3 'Transferred to the trade' part.

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Hi,

 

Sorry I'm getting my wires crossed.... I meant yellow slip (used to sending a green one)

 

The guy handed it to me out of the v5 when he picked the car up.

 

DVLA are saying they didn't receive my notification at all.

 

I did also send them a copy of the collection paperwork indicating the transfer date when I appealed.... But to no avail.

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I had a similar thing from the DVLA a couple of years ago.

 

I wrote to them saying that I'd fulfilled my obligations, and that if they or Royal Mail had lost the mail, that wasn't my problem and that they could jog on if they thought that I was paying any kind of penalty to them or their pet DCA.

 

Never heard another word.

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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If the DVLA can ignore you, then it's only fair that you can ignore them.

 

I'd do absolutely nothing. :evil:

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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