Non-Notification of Sale

[Rashley]

Hi Guys,

 

I've looked through a lot of these threads, but can't find the template I need. Anybody fancy saving me some time ?

 

Just rec'd a court summons for non-notification on a bike I sold a few months ago. I certainly DID send the V thingy off.

 

I spoke to the DVLA and the women there said that they wrote to me querying something. I never recieved the letter, but surely they had notification if they had a query !!

 

Anyone know where the template I need is ?

 

Thanks

[crem]

First thing I would do is askthem to send you a copy of this letter they claim to have sent you. When you get it, and then tell them you are not paying their stupid fine, it will look good in court when you show a letter that they sent you after receiving your V5 notification that they also claim they didn't receive.

[buzby]

Did the buyer not get back to you to query his lack of a V5c? If, having both of you signed it and posted it off, only his application direct to them for a replacement or duplicatew V5C would flag a query to you advising of the request to change the RK. By responding to this, it often heads off any action. If you sent the V5C without the other drivers signature, and they've wueried this - then they are still in the clear as the RK wasn't transferred.

 

Are you still the RK, or was the bike reregistered?

[Rashley]

Sorry Guys,

 

I'm actually doing this for a friend of mine.

 

He actually rec'd a Court Summons for the end of the month ! Whilst I know he should ask for a copy of the correspondence they claim to have sent, is there anything he should send to the DVLA and the court NOW to try to ward off the action.

 

Would a letter quoting the Interpretation Act and mentioning the fact that there was no query from the new owner be a good idea at this point ?

 

Rashley

[buzby]

Nothing he needs to send to the DVLA, it is their action. If the Summons is issued, there's nothing to ward off - it will call in court regardless. He should ensure that the court is aware he intends to defend, and make sure he reads and understands all the documentation he recieves.

 

If he's going to rely on the Interpretation Act, he needs to lodge this as part of his court bundle. Don;t highlight the sections he'll rekly on, as he'' be asking the judge to refer to the part that states his obligation is limited to advising, not responding to non receipt of a letter DVLA might not have sent him.

[Raykay]

I would think that the letter your friend received from the DVLA is in response to the the new owner's application for a new V5C as it seems that DVLA lost the original, and as he didn't respond they issued a new V5C and then commenced proceedings against your friend for not notifing them of the change of keeper.

 

As long as your friend sent the document to DVLA by normal post, under the Interpretation Act they are deemed to have received it unless they can prove he didn't, which can be difficult for them.

 

So what they do is ignore that - and sometimes say it doesn't apply to them - and say that on the V5C is printed that when they receive the document they will send acknowledgment and if you don't receive it you must contact them, and then claim that as you didn't you are guilty!!

 

There is no legal requirements for them to send acknowledgement or you to contact them if you don't receive it, unfortunately some magistrates don't understand that and incorrectly find the person guilty.

 

At court your friend needs to swear that he did send the document, (and mention the Interpetation Act) and if the DVLA mention the acknowlegment letter, ask what legal authority requires them to send one, or him to do anything if he doesn't receive it.

[buzby]

Fine with all of the above, but not 'mentioning' the Interpretation Act. If you plan to rely on this as part of your defence, it MUST be included in your court bundle. The judge does not have all the laws on shelves behind him, so you need to provide extracts that can be verified if required.