DVLA big boys vs little old me

[Boobaby]

I am currently in dispute with the DVLA regarding a car that I sold for my son last year.

I duly sent off the V5 telling them the car had been sold. Thought no more about it then in May of this year I had a letter saying that they had not received the document so I wrote back and told them it had been sent in October, thought I remembered taking a copy but couldn't find it. Anyway letters back and forth etc. and then fines are the next thing to appear which of course I appealed, they disputed and the case ends up in the Magistrates Court. I prepared a response and sent it off only to then get a Court Summons to say this is now proceeding to Trial!!

All this because they did not receive a change of ownership - the whole world has gone mad!!! A Trial because I dared to question the validity of a fine for non receipt of a slip of paper. I know I sent it but I have no proof of delivery. Please can someone tell me where I stand and do we have to appear in Court etc.....??

I think I'm an intelligent woman but I'm losing my mind about this particular trivial matter and can't think straight

I've just managed to find the copy of the V5 that I sent off so will use that as evidence.

The worst thing about all of this???

I haven't told my son yet!!:o

[credit allergy]

Can you tell me what was the fine for and when did you sell it. Depending on the type of offence there might be a time limit. Also who was vehicle registered to you or your son. If you post some more details I will help.

[e28bigalbexley]

I am currently in dispute with the DVLA regarding a car that I sold for my son last year.

I duly sent off the V5 telling them the car had been sold. Thought no more about it then in May of this year I had a letter saying that they had not received the document so I wrote back and told them it had been sent in October, thought I remembered taking a copy but couldn't find it. Anyway letters back and forth etc. and then fines are the next thing to appear which of course I appealed, they disputed and the case ends up in the Magistrates Court. I prepared a response and sent it off only to then get a Court Summons to say this is now proceeding to Trial!!

All this because they did not receive a change of ownership - the whole world has gone mad!!! A Trial because I dared to question the validity of a fine for non receipt of a slip of paper. I know I sent it but I have no proof of delivery. Please can someone tell me where I stand and do we have to appear in Court etc.....??

I think I'm an intelligent woman but I'm losing my mind about this particular trivial matter and can't think straight

I've just managed to find the copy of the V5 that I sent off so will use that as evidence.

The worst thing about all of this???

I haven't told my son yet!!:o

 

 

Sorry cant be at all helpful with this one, but i do have a bag of cashews and a couple of bottles of nice wine handy if you want to talk about it.

[danny_kiernan]

Hi there,

 

You are being taken to the magistrates court, this must be a new tactic of the DVLA if you are, or has it just been passed over to the magistrates, due to non-payment?

 

If I was you, I would stick by my guns - bring the evidence of the V5 (photocopy) and also quote the UPU act (which in the UK the post becomes the recipients as soon as it enters the postbox, so any loss is down to them). Do not bow down to the DVLA's intimidation tactics.

 

Hope that helps

 

Dani

[Boobaby]

Hi there,

 

You are being taken to the magistrates court, this must be a new tactic of the DVLA if you are, or has it just been passed over to the magistrates, due to non-payment?

 

If I was you, I would stick by my guns - bring the evidence of the V5 (photocopy) and also quote the UPU act (which in the UK the post becomes the recipients as soon as it enters the postbox, so any loss is down to them). Do not bow down to the DVLA's intimidation tactics.

 

Hope that helps

 

Dani

 

Hi everyone and Big Al my man - how you doing?

 

We and I use the term loosely - my son actually is being taken to Court over the non receipt by the DVLA of the V5.

He was aware that I was dealing with this on his behalf but I was trying to pluck up the courage to tell him just how unbelievably bad this has got.

The situation is ludicrous!!! It's gone beyond magistrates and is now going to TRIAL!!

The DVLA are sticking to their guns as are we. I have a copy of the original V5 that I sent the DVLA and all correspondence but no proof of posting. Even though they have registered the new owners details against the car they are adamant that they did not receive the V5 from us.

I have taken legal advice as has my son and we are going to Court on Thursday.

I have never in my life heard of anything as outrageous as this, how can they possibly justify spending the amount of money that this is costing in taking these steps including a Court Trial over the supposed non receipt of a piece of paper when they have the new owner details??

 

Boo x

[Boobaby]

Hi there,

 

You are being taken to the magistrates court, this must be a new tactic of the DVLA if you are, or has it just been passed over to the magistrates, due to non-payment?

 

If I was you, I would stick by my guns - bring the evidence of the V5 (photocopy) and also quote the UPU act (which in the UK the post becomes the recipients as soon as it enters the postbox, so any loss is down to them). Do not bow down to the DVLA's intimidation tactics.

 

Hope that helps

 

Dani

 

Hi Dani

Thanks for the advice and no it's not due to non payment of a fine. Under no circumstances are we bowing down to the bully boy tactics when we know we are in the right. I cannot believe as I am sure others feel the same that it has actually got to this stage.

We will indeed use the UPU Act (thanks for that) as part of our defence.

Regards

 

Boo x

[Boobaby]

Can you tell me what was the fine for and when did you sell it. Depending on the type of offence there might be a time limit. Also who was vehicle registered to you or your son. If you post some more details I will help.

 

The car was registered to my son, was sold on the 6th of October 2006 and he is being taken to Court by the DVLA for Failure to notify disposal of a Vehicle.

[credit allergy]

I have read the all the posts and have spent a little while on the internet this morning. The thing that sticks out is the time period between October and May. I am not a lawyer but some summary offences particularly motoring sometimes need to have proceedings commenced within 6 months of the date of the offence. If you have a summons can you tell me the date and the actual offence type etc on the summons www.online-court.co.uk is very good. Some of the acts and regs for registation offences mention 6 months. The only problem might be if you moved or made it difficult for dvla to contact you etc. Remember in Magistrates Court they must find the case beyond any reasonable doubt. So if you tell me what offence they have summonsed you for there will bound to be lots of info to look at.

[Boobaby]

I am currently in dispute with the DVLA regarding a car that I sold for my son last year.

I duly sent off the V5 telling them the car had been sold. Thought no more about it then in May of this year I had a letter saying that they had not received the document so I wrote back and told them it had been sent in October, thought I remembered taking a copy but couldn't find it. Anyway letters back and forth etc. and then fines are the next thing to appear which of course I appealed, they disputed and the case ends up in the Magistrates Court. I prepared a response and sent it off only to then get a Court Summons to say this is now proceeding to Trial!!

All this because they did not receive a change of ownership - the whole world has gone mad!!! A Trial because I dared to question the validity of a fine for non receipt of a slip of paper. I know I sent it but I have no proof of delivery. Please can someone tell me where I stand and do we have to appear in Court etc.....??

I think I'm an intelligent woman but I'm losing my mind about this particular trivial matter and can't think straight

I've just managed to find the copy of the V5 that I sent off so will use that as evidence.

The worst thing about all of this???

I haven't told my son yet!!:o

 

Well, plucked up the courage to tell my son who then proceeded to shout at me for, no, not keeping this from him but keeping this from him and shouldering the worry!

Went to Court this afternoon and the boy did his mum proud!

The Magistrates more or less implied that todays hearing was a joke. They could not understand why this issue had gone so far and kept on asking on what grounds the DVLA (so called) BIG BOYS had based this action and under what Statute?

As my son so succinctly put it "There was no monetary gain for him by not sending the aforementioned V5 to the DVLA" and neither was he benefiting by not informing them that he had sold the vehicle!

The magistrates made mincemeat of the DVLA representative who kept quoting sections 22 through to 24, of which only 22 applies to private sellers (23 & 24 are for Traders), they then asked why 23 & 24 were included when only 22 was applicable and that really did not provide the statute on which to base a case. They also could not understand why it was seen as the Respondents responsability to contact the DVLA 4 weeks after the vehicle was sold if no confirmation of this had been received. This was merely a suggestion and not a requirement. The DVLA responded with "well it's all in the handbook that is sent out with the V5" to which my son replied, very politely - "I have to admit I don't read half the booklets that are sent out with particular documents from cover to cover. I am a busy man as are most people these days and don't have the time to read the small print!" Sure I saw a few smirks from the bench!

My son also went on to quote a section from the UPU and also the fact that the DVLA has over 6000 employees, working over 20 floors. He also quoted stats on the amount of mail lost/not received by both the DVLA and it's customers.

The Chairman of the bench then went on to ask my son what this car, his first car was, to which my son replied a Rover Metro a 21st Birthday present from my mum and a fine model Sir! The Chairman responded with an agreement and informed the Court that he himself had owned one some years ago. That's when the case crumbled!

My son was then apologised to and as they had had a discussion the Chairman went on to say - that they were in no doubt that he had returned the required Document and there was no case to answer to. The Solicitor (an observer) sitting by the side of us kept on saying "ask for costs" but to be honest there was nothing to be gained, as my son said he'd had his day in Court the DVLA were made to look like fools and he was (or I was!!) proven right. No finer feeling:D

[danny_kiernan]

WELL DONE:)

 

Having just got back of a holiday, I saw your reply with the outcome of your case and, am really happy that you won. I was ecstatic when I beat them, with my case, so I hope you are celebrating

 

The DVLA deserve to be beaten (with their unfair/illegal rules and charges), and the more people who stand up to them the better - it may force a change in their ludicrous policies/laws/rules;)

 

I hope my UPU info was helpful.

 

Once again Well done.

 

Dani

[Boobaby]

WELL DONE:)

 

Having just got back of a holiday, I saw your reply with the outcome of your case and, am really happy that you won. I was ecstatic when I beat them, with my case, so I hope you are celebrating

 

The DVLA deserve to be beaten (with their unfair/illegal rules and charges), and the more people who stand up to them the better - it may force a change in their ludicrous policies/laws/rules;)

 

I hope my UPU info was helpful.

 

Once again Well done.

 

Dani

Your advice/information was most certainly helpful - thanks.

Great feeling to put them in their place and lets hope, as you said, that more people take them on forcing a change in their procedures!!

Boo x

[slick132]

Boobaby,

 

Loved reading your thread and WELL DONE.

 

A great result.

 

Slick