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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      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.

      Frankly I don't think that is any accident.

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      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.


      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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DVLA - 'Unlicensed Vehicle' letter

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Hi all.


Can I first commend you on such a great forum, community and resource. I have been reading with great interest many of your DVLA related posts and have taken extensive notes! I do however have a similar problem however, some points are different:


I purchased car on eBay in October last year. It was a 'dream' car so was certainly excited. It was picked up in October (driven back up from Stockton on Tees to Edinburgh by my friend, a mechanic and garage owner on trade plates) and left parked up on the private estate where I live. I sent a letter to the DVLA the following day to ensure the car was still declared SORN. I never received a confirmation from them at any point in time.


Around November time, the DVLA vans were doing the rounds in this estate, presumably because the law had changed allowing them access. BEing worried and a 'law abiding citizen' I went out and chatted to the guys saying I had a car parked here in the estate that was sorned. I told them as far as I was aware, this was all ok and legal being a private estate. They said yes, all is well and they were grateful I'd come out to talk to them.


Fast forward to the morning of 25th Feb, 2009. My girlfriend comes in from walking the dog, hands me the 'leaflets' left on the car by the clampers. Having never been in this situation before (I've always had my cars with tax, bang up to date) and slightly concerned, I called up the number provided to ask what was going on. They told me the car wasn't sorned and that the last known license/sorn on the car had lapsed in October, 2008. I said 'no, the car was sorned on the 26th and I've never received anything claimiung otherwise or a reminder notice'. She replied with 'the notice is a courtesy, not a requirement'.


I was a little 'miffed' to say the least but after reading the literature on their notice, it shows they would take the car away after 24 hours and increase the charge for storage. Not having much money as it is, I bit the bullet and paid (thinking it was only going to be £100) to have the clamp removed. Turns out, it was £260 because there'sa n extra £160 surety fee!!! As soon as I'd come off the phone originally, I went online and did another SORN for the car. A confirmation email WAS received this time. I have also since received a letter confirming SORN this time round.


Fast forward to today. This morning, I've received a letter from the DVLA saying:


'We have received an offence report alleging that at 09:20hrs on 25/02/2009 the above vehicle was seen in XXXXXXXXXXXXXXXX being used/kept whilst unlicensed. Even if the vehicle has been licensed since this date, the offence still stands. This related to a section 29 offence of using/keeping a vehicle and is sepreate to the fees paid to the Agency's wheel clamping contractors who clapmed/impounded the vehicle'


'As our latest information shows that you were the vehicles keeper on that date, we now request that you take action on either A or B below'


a) If you were the keeper on the date of alleged offence an out of court settlement of £146.00 is required to avoid court action. YOU MUST ALSO COMPLETE PART 1 and PART 4 overleaf. Please make your cheque or postal order payable to the DVLA and return with this letter in the enclosed envelope to the above address by 23/03/2009. Instalments are not accetable. If you wish to pay by card, call the above number. If we do not receive payment for this alleged offence, the Agency will take court action against you"


B) [this relates to me not being the keeper]



So, my question is this. Why should I have to pay for something when I've done no wrong? The car is NOT used - it is a project and I am doing it up. I have another car that is taxed and completely legal. I might also add, the street mentioned on this letter is incorrect - I live in a parallel street and this is also where the car is parked - does that have any weight?


I regret paying the original £260 to have the clamp removed but I couldn't risk/afford it being taken away and having to pay for its release!

I'm under a particularly large amount of stress and suffer from anxiety too. It hasn't helped that we've had some recent bad news about my mother so I really can't see this far enough.


Please help :(

Edited by HootsMon
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Hi hootsman

You say you sent a letter to DVLA


**( I sent a letter to the DVLA the following day to ensure the car was still declared SORN. I never received a confirmation from them at any point in time.**)


Was this a letter or a recognised form and did you by chance send recorded delivery?

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I didn't send it recorded delivery and the letter wasn't by way of a form.


Because I'd just bought the car, I only had the new owners slip. I sent off a photocopy of this along with a typed letter declaring the car SORN.

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