Hello Paul Is it possible that I can present your case to help with my own? My date is Thursday the 16th Jan so time is short. Would you be able to provide me with copies of your court documents or similar? I am conversant with the interpretation act etc, its your specifics I need. Hope you can help. Thanks

Hi WeAllNeedHelp Yes thats exactly what I intend to do although its nowhere near as clear cut as I would like. There are many accounts of this online, some win, some lose, Paul Kennedy is another case I would like to present if I can contact him somehow. What I would like more specifically is actual details of your case that I can refer to or even better present copies of. Would it be possible for you to give me specific details? Thanks Apparently I can not obtain them from a court directly unless I am one of the parties directly involved.

Hi WeAllNeedHelp Im in court one week from now with exactly the same situation. Would it be possible to refer to your particular case as part of my defense somehow. It would be great if you could help somehow.

Hi Iain How did your case turn out?

Ok so following on from earlier here we are. I am in court next week, its a magistrates court. They are not appearing in person, just providing a witness statement that reads as follows. I have inspected the record kept by the Secretary of state in respect of mechanically propelled vehicle registration mark XXXX XXX. The Secretary of State for Transport has received information from a new keeper that they acquired vehicle registration mark XXXX XXX on XX/XX/XXXX. The record shows that XXXXXXXX XXXXXXXXXX of XXXXXXXXXXXX has failed on a change of keeper to notify the Secretary of State, forthwith, as required by Regulations 22 to 24 of the Road Vehicles (Registration and Licencing) Regulations 2002. On XX/XX/XXXX a notice was sent to the defendant requesting information under S46A of the Vehicle Excise and Registration Act 1994 and offering the opportunity to pay an out of court settlement. Proof of notification of disposal was requested but the defendant failed to provide it. How would I ever be able to provide proof of something I no longer possess because its been sent in the post. I would appreciate as much help and support as possible right now.

I was hoping someone was going to advise me whether its wise to reveal at this stage that I have a witness who was present when I put it in the post?

I don't know, I imagine it will have to be magistrates court in the first instance, I cant see a county court. All I know so far is that they said "After careful consideration, it has been decided that this case should be settled by prosecution and the case is now being prepared for court. You will receive a summons in due course.".

Hey, I have a plan, lets just bin all these letters and then charge the senders fifty five quid, I wonder if it will work.

I can say that they started off wanting £35 by a certain date and thereafter it would be £55, does that help clarify?

From your question I'm not too sure, as ive described there have been a chain of letters culminating in one that says they are currently preparing a court case against me. How do I distinguish between a "claim" and a "threat letter"?

To Renegadeimp, are you one of the regulars that can check it over and possibly answer my question? I would like to get the last letter in the post.

Lucky is one word for it, I have some others. What I would like is some heavyweight advice and even better some input rom people who won against the DVLA in court, they are conspicuous by their absence.

Thank you for your help and I hope you have the tenacity to read through to the end, its quite a lengthy exchange so far and at the end I have an important question. In response to their first letter.......... ---------------------------------------------------------- Dear Sir/Madam You were properly notified in a timely manner that I sold the vehicle on the dd/mm/yyyy to xxx xxxx of xxxxxxxx xxxxxxxxx xxxxxxxx. Post is the only method of notification you recognise and accordingly I refer you to section 7 of the interpretation act 1978. Anticipating your likely response I would state that I am not legally obliged to expend my own time, effort and money in pursuit of your acknowledgement of my notice, again the aforementioned act applies. As I am disputing your claim you cannot now refer this amount to any of your debt collection agencies. Should you have evidence in support of your claim and upon which you intend to rely in court then disclose it to me now. Best Regards xxxxxx xxxxxxx ------------------------------------------------------------ They replied with an unsigned letter explaining that they send an acknowledgement letter and that ”it is a matter for you to pursue this letter” even though i had already pointed out that I'm not legally obliged to, so I replied with a second letter as follows................ ------------------------------------------------------------ DVLA Enforcement Centre Swansea Enforcement Centre D12 - DVLA Longview Road Swansea SA99 1AH NOTICE THIS RESPONSE CONTAINS A FORMAL REQUEST FOR DISCLOSURE OF EVIDENCE Dear Unsigned Enforcement Officer Your second letter referenced above appears to have ignored the clear statements and questions set out in my first response, also the robust tone of same which was in no way an enquiry. Please be re-advised of Section 07 of the Interpretations Act 1978 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, to have been effected at the time at which the letter would be delivered in the ordinary course of post.” I believe my legal obligation to DVLA ends there yet the V5C states: - 'Once we know about the changes, you should receive an acknowledgement letter to confirm that you are no longer responsible for the vehicle. If you do not receive the letter within 4 weeks, please phone 0300 790 6802” As the question of Statute legislation on pursuing acknowledgement from DVLA has already been judged in various county courts and has been found in the defendants favour, would you please advise upon what Statute Legislation and Evidence you will rely in proving that I am lawfully obliged to contact DVLA if I do not receive any such acknowledgement? Also be aware that should you continue to ignore this question and harass me to court I will: - Robustly defend myself using relevant case histories. Show how many times you have ignored my request that you disclose your evidence. Call you as a witness to be present in court. Not disclose my defence in advance. Seek, if convicted, leave to appeal to the crown court in an attempt to set precedent. Seek costs against you. As I am disputing your claim you cannot now refer this amount to any of your debt collection agencies. Yours sincerely xxxx xxxxxxx ----------------------------------------------------------- They replied with preamble then.. Following disposal of a motor vehicle, the registered keeper is required under regulations 22 to 24 of the Road Vehicles (Registration and Licencing) Regulations 2002 to forthwith (ie immediately) notify the Secretary of State in writing of a change of keeper. This may be achieved by the completion of the relevant section of the Vehicle Registration Certificate (V5C) or if this document is not available otherwise in writing. When the department is advised that the keeper of the vehicle has changed we send an acknowledgement letter within 4 weeks of notification, It is a matter for you to pursue this letter. Details on this process can be found on the V5C. Your comments regarding the interpretation act 1978 are noted. However, when there is a duty to deliver documents there is an onus on the customer to ensure that we receive the item. Although the system of acknowledgement letters is not in legislation, it has been designed to remove any uncertainty that may be experienced by either the sender or intended recipient as to whether a notification of disposal or SORN has actually been sent or indeed received. 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 received at this office by dd/mm/yyyy. So I replied with my third letter …......... ------------------------------------------------------------- DVLA Enforcement Centre Swansea Enforcement Centre D12 - DVLA Longview Road Swansea SA99 1AH NOTICE THIS RESPONSE CONTAINS A FORMAL REQUEST FOR DISCLOSURE OF EVIDENCE Dear Unsigned Enforcement Officer Whilst your response dated 02/08/2013 is noted you can not have overlooked the words in block capitals repeated above, yet you have not provided same. Rather you have acknowledged the provisions of the Interpretation Act 1978 and confirmed that your system of acknowledgement letters is not governed by legislation. That being the case are you in fact attempting to obtain money outside of the law? You will note the date of this letter, therefore you can take it that no money is forthcoming. The next I should hear from you is a court summons, further communications from you pestering for money can only be considered harassment. I would again remind you that I will: - Robustly defend myself using relevant case histories. Show how many times you have ignored my request that you disclose your evidence. Call you as a witness to be present in court. Not disclose my defence in advance. Seek, if convicted, leave to appeal to the crown court in an attempt to set precedent. Seek costs against you. As I am disputing your claim you cannot now refer this amount to any of your debt collection agencies. Yours sincerely xxxxxxxxxxx -------------------------------------------------------- They have replied with a very short but signed letter saying... After careful consideration, it has been decided that this case should be settled by prosecution and the case is now being prepared for court. You will receive a summons in due course. -------------------------------------------------------- So finally, if you have managed to read this far, my question is - Should I now send the following letter disclosing that I have a witness because elsewhere in these forums people have advised that I should not disclose the nature of my defence? -------------------------------------------------------- DVLALO (ENF) Swansea Enforcement Centre D12 - DVLA Longview Road Swansea SA99 1AH NOTICE THIS RESPONSE CONTAINS A THIRD FORMAL REQUEST FOR DISCLOSURE OF EVIDENCE Dear Mrs Woolley I feel my request that you exhibit your tangible and concrete evidence showing how I failed in my duty is entirely reasonable and can think of no good reason why you might evade same. You have acknowledged the provisions of the Interpretation Act 1978 and confirmed that your system of acknowledgement letters is not governed by legislation yet you persist. Therefore I can only assume that the concrete upon which you will build your case is in fact the absence of something rather than its presence, namely your own unlegislated acknowledgement letter. You will have noted that I will call you as a witness to be present in court and will be presenting my letters as evidence of how many times I have requested that you disclose evidence with a basis in Law. If you have done that but somehow I have failed to recognise or understand it then I welcome your clarification on this matter rather than waste the Court's time, other than that I am more than prepared to defend myself against you. For clarity I would like you to know that a close relative prepared the relevant paperwork for me to sign and it is her assertions sworn under oath before god upon which I will rely together with the absolute statutory defence afforded to me by the provisions of the Interpretation Act 1978. Under the FREEDOM OF INFORMATION ACT I would like to request the following: - How many Change of Keeper notices does DVLA process annually? How many Failure to Notify Change of Keeper does DVLA process annually? As I am disputing your claim you cannot now refer this amount to any of your debt collection agencies. Yours sincerely xxxxxxxxxxxx

Hi Renegadeimp Yes I sure can, but just before I do, I imagine the DVLA themselves study this forum, how do I post my defence without revealing it to them? Could I email it privately, at least in the first instance? Thank you Layla

Hi I am yet another unfairly treated by the DVLA regarding change of keepers. I have read up on the subject and am preparing my defence. The purpose of this thread is to ask if anyone who won their case is willing to provide me details that I can submit in defence of my position. I will not bow down. Layla