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  1. My son has received a requisition to appear next week for a car he sold almost a year ago. He works away & lives out of a backpack moving rooms sometimes many times a week, so he's really good at actioning paperwork when he gets it before it gets lost. Knowing this he is adamant he posted off the v5 but hasnt got any proof of posting etc He wants to plead not guilty.. but the court is nearly a 400m round trip and getting a day off is hard and the travelling costly .... isnt it always... but he's sure he posted it. I've searched the threads and we've drafted a letter to DVLA........... Can anyone advise please? Dear Ms Wooley or to whom it may concern, Re: Requisition for Failure to notify change of keeper motor vehicle xxxxxxxx on xxxxxx for xxxxx. I am writing in response to a Requisition to attend xxx Magistrates Court at xxxx on xxxxxxxx to answer to the charge of failing to notify change of keeper of motor vehicle xxxxx. I will be pleading Not Guilty to this charge as I consider I have no charge to answer as I have already sent the documents to you. I surrendered the V5 document to the vehicle to the DVLA as required by law when I sold it last year. This was sent to the DVLA by first class post to "DVLA, Swansea, SA99 1BA" as instructed by section 8 of the V5. With regards to this my responsibility ended as soon as I relinquished control of delivery to the UK Postal Service as stated in Section 07 of the Interpretations Act 1978. ******* would adding this bit help or just not bother..... I cannot recall the exact date I returned it as this is almost A YEAR AGO, but I do remember posting it a few days after selling it when I returned from a visit home. As I work and live in a ****, I have learned to deal with paperwork straight away as I have no fixed staff quarters and move frequently. Ironically, it seems that this paperwork has still been lost, but not while it was in my hands! Even though the court is nearly a 400m round trip and will be of considerable time and expense for me to attend I intend to enter a not guilty plea and claim costs as I am adamant that this was posted by me within a few days of sale. ******** Yours etc Help would really be appreciated thank you! Court date is next week and with everything else thats happening we could really do with some advice Thanks, Molly
  2. Hi everyone I'd really appreciate some advice as I've spent the whole bank holiday weekend sick with worry at the thought of court on Tuesday. Here's how it stands I part exed my car for another early 2013 I took docs to DVLA local office to have my plate transferred over and also included with it a letter stating the car was now owned by the dealer The dealer had filled in the yellow slip The DVLA are taking me to magistrates court after a lot of intimidation and I'm worried sick. What do I do?
  3. I have an upcoming trail (5th March) regarding a 'failed to forthwith deliver notification to the Secretary of State, on the registration document or in writing as required by Regulation 22(2)(b)...'. Here are the facts: 1) Vehicle sold - 8/12/2011 2) Logbook returned to DVLA - 10/12/2011 3) No receipt received from DLVA 4) Letter from DVLA advising of an application to record someone else as the registered keeper - 13/6/2013 5) Letter from me to DVLA advising that the vehicle had in fact been sold in 2011 and the logbook was returned then - 21/6/2013 6) Notice on 11/7/2013 from DVLA requesting information under S46 - NEVER RECEIVED! I have attended court today and pleaded not guilty. The prosecutor for the DVLA made remarks regarding it was up to me to chase the DVLA if I hadn't received a receipt within 4 weeks and my paperwork trail (receipt for sale of car, letter to DVLA etc) was no defence. The trail will go ahead on 5th March. Advice and help please as I felt the court was certainly biased towards to DVLA and my word (and paperwork trail) was treated with indifference.
  4. Hi, please bear with me I am new to this forum. I hope I am posting in the correct place. I've been charged with "failure to promptly notify the DWP in the prescribed manner of a change of circumstances which you knew would affect your entitlement to Carer's Allowance, namely that you were earning in excess of theh permitte amount Contrary to section 112(1A) and (2) of the Social Security Administration Act 1992 (SS92042). This Charge letter came to me in early Jan 2013. I had attended an Interview Under Caution in February 2012, after I had received a letter from the DWP to attend. So, almost a year in between. Long story short, in March of 2009 my disabled daughter had surgery that required me to take unpaid Parental Leave to be in hospital with her (3 weeks) and care for her afterward (recovery, pain management, learn to walk again, loads of physio). I applied for Carer's Allowance to help out for the few months with full intention of going back to work, and informing DWP. On my application form, in the back, I explicitly state in my own handwriting that "I do not yet know how long I will need to care for {daughter's name} at home, and I will contact the DWP Carer's Allowance to discontinue when I go back to work, as I have done in the past." [the past referring to an instance in 2007 when I returned to work after receiving CA and informed the DWP by letter wiithout incident]. Also, on my letter to DWP I state that "she will be at home under my care for a period of 2-3 months...." and asking for CA to be reinstated. On April 6, 2009 I started a new job (since my old one had asked me if I could extend my Parental Leave because the company was struggling). On that very same day I popped into the post a letter to DWP saying simply that my circumstances had changed and to please discontinue my CA. No reply came from the DWP, and I hadn't expected one since I never got one when I cancelled the first time in 2007. So, I never questioned it and carried on with my life. Then in Jan/Feb 2012 I receive a letter out of the blue from the DWP about possible benefits fraud and the Interview Under Caution. Unbeknownst to me, I had been receiving CA all that time! The Interviewers stared at me in disbelief, saying how could I not realise about the payments. I explained that my husband and I both make a very good wage, when working our full time jobs, and that we don't live or rely on benefits in any way. So the small amout of £50 coming into the bank account was not noticed. Furthermore, we only do online banking. We do not receive monthly statements, nor do we receive notification if a payment is received. The online statements are full of outgoings and someone would have to scroll back many pages to come to an 'incoming' payment. Something which I just simply never did. There was never any need to. Now, when the overpayments allegedly started, I was still caring for my post-op daughter, but had also started a new full time job. It was a full-on period of time for me, constantly on the go. The last thing I was doing was checking the bank account. I didn't need to. My husband and I both receive paper payslips when we get paid, therefore I don't need to check the account. Everything else is 'outgoing' and as we live within our means, there simply wasn't any reason to keep an eye on the statements. 2009 was full of teaching my daughter how to walk again, loads of physio, and managing my 3 children and full time job. I am the 'family business manager' for our family, so I am the one applying for things like Carer's Allowance and also doing the banking, etc. in addition to caring for our children. I'm a busy lady but I like it that way! By end of 2009 it was clear my daughters situation was not improving. In early 2010 I was already researching another surgical operation and in the spring of 2010 she was accepted for spinal surgery in America (because the surgery was not offered in UK or Europe at the time). Therefore, 2010 was full of this activity.....and not checking the bank statements. So, basically, (and I really am trying to keep this short) approx. 3 years went by and we were receiving CA without realising it. The Interviewers seem to think it impossible that we would have missed this. Perhaps I confused the CA payments with the higher rate Care component of DLA (disability living allowance) that my daughter had been awarded -- we literally got the letter informing of this that DAY AFTER the same date that DWP is accusing me of beginning to receive overpayment of CA. My hindsight is definitely not 20/20, but if I ever questioned the weekly payments (and I don't know that I did) perhaps I thought it was the DLA??? I'll never know. Anyway, I want to plead Not Guilty as I don't feel I've done anything wrong. BTW, after the IUC I received an Overpayment Letter of £7,900 in May 2012. I repaid this IN FULL a week later. This information has not been acknowledged by the DWP nor was it included in the very large packet of 'evidence' (payslips, transcript of my interview, etc) against me to substatiate the Charge. I'm looking for opinions, advice, etc as I have never broken the law, not even a speeding ticket, and am Really Scared about this. Thanks in advance for your help.
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