DVLA: Court Summons - Help..!

[Achtrich]

I've browsed a number of topics here and it looks like the right place to get help on this kind of thing. This is my first post (of many I'm sure!) so... Hi.

 

Today I received court summons because:

 

"On 27.09.2009 you failed to give information, which it was in your power to give, which might lead to the identification of the person or persons responsible for mechanically propelled motor vehicle, registration mark XXXX XXX on the 3.2.09"

 

The story so far:

 

I sold a moped to somebody via eBay last year. As you'd expect, I completed the V5 in the buyer's presence and sent it off. Case closed as far as I'm concerned..?

 

I received a letter 2 August 2009 notifying me that someone else was applying for a V5 for the moped in question. I did think twice that I was still the registered keeper, but as the letter suggested that someone else was applying to be the keeper, I presumed it was never processed and they had to apply for it manually. So, still not really anything required from me... The letter advised that within 14 days the person requesting the V5 would be the registered keeper. So, case closed this time, right?

 

I received another letter 2 September 2009 stating:

 

"I have received information which indicates you were no longer the keeper of the above vehicle on 03/02/2009. You do not appear to have notified us of the disposal of the vehicle ... this is an offense

 

... take action A or B below.

 

A) If you were responsible ... out of court settlement ... £55.00

 

B) If you were not responsible ... you are required by law to give information about who was using or keeping the vehicle at the time of the alleged offense ... Please complete the statement overleaf and return by 26/09/2009. Failure ... is an offence"

 

I'm not responsible - as previously stated, I sent off the relevant V5 document.

 

I received another letter (not dated) asking for a £55.00 out of court settlement fee. As described in the previous letter, this fine applies to people responsible of the offence - not me! I presumed they were in the process of working this out.

 

Today I received court summons.

 

From reading other posts, I've deduced that I've done my duty by sending off the V5, and that unless they can prove that I didn't, I'm not in any trouble.

 

Am I responsible for them not receiving my notice that I'm not responsible for the above offence however? I haven't spoken to anyone at the DVLA yet, but I can only presume that, in the absence of receiving my response, they've assumed I've willingly failed to provide information.

 

So, do you think it's possible, if I call DVLA and explain that I did respond with the V5 and notification that I didn't commit the offense, they'll cancel my court date? If they don't, how should I prepare for court?

 

As a side note, I don't believe I have any record of the new keeper. I sold the vehicle through eBay, and eBay only holds details of sold items for 60 days. Therefore I don't have any information, regardless of whether or not they claim to have received it.

 

Thanks in advance.

[JimmySpangle]

Don't waste your phone call calling DVLA. Do reply to the summons in writing offering your defence that you did indeed comply fully with the law and posted the V5c to DVLA on......(date).

 

When you go to court you simply have to swear the same to the magistrate and the case will be won by you. You can ask for reasonable costs is you take time of work to attend.

[mkb]

Many, many people are falling victim to this

 

You posted the V5 & can do no more than assume that whatever you post lands at its intended destination & the court accepts this so you have a complete defence

 

Your responsibility ends as soon as the completed V5 gets physically dropped into the letter box since after this, the notification is out of your control.

 

Go to court (you'll be one of many there on the day charged with the same offence!) & tell the judge that you posted the V5 on xx/xx/2009 & you WILL win

[Achtrich]

Thanks guys... I was fuming about this last night. Where would I be without the internet? Hah.

 

That all sounds great - I won't call the DVLA for now then.

 

My only question: the court summons accuse me of failing to provide information in September of this year, opposed to not supplying the V5 last year. Is this a different offense? I'm not quite sure if they're accusing me of not sending the V5, not sending a response to their request for information or both..?

 

Should I attend court armed with any particular documents?

 

Thanks again!

[mkb]

You're worrying too much - you have sent the information required by law therefore you are not & can not be found guilty.

 

Once the documents have been posted, what documents would you have to take to court?

 

The DVLA have to prove to the magistrates beyond all reasonable doubt that you failed to discharge your legal obligations & quite simply, they cannot do this therefore they will fail & you will win

[hungrybear]

the bit of legislation your after is section 7 of the interpretations act 1978:

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.

 

 

ie you filled out their required form and followed their required process and stuck it in the post box, which is the stated method of communication so Dear DVLA get stuffed!

 

 

They is no legal requirement for you to receive one of their famous acknowledgments.

[mkb]

Thank you hungrybear - I knew that there was an actual piece of legislation but for the life of me I couldn't remember it (I'm getting on you know:oops:)

[hungrybear]

Thank you hungrybear - I knew that there was an actual piece of legislation but for the life of me I couldn't remember it (I'm getting on you know:oops:)

 

OMG I just realised I've been helping a manc supporter of my own free will.... I feel sick:eek:.

[mkb]

OMG I just realised I've been helping a manc supporter of my own free will.... I feel sick:eek:.

 

 

PMSL

[JimmySpangle]

I can't stand tennis myself, so it doesn't effect me.

[stawbelly]

is there any update on this at all OP please?

 

only i have my own issues with DVLA at the moment regarding same thing so am interested!

 

thanks for any info u can provide