dvla final notification

[bmw222000]

ive recieved a dvla final notification for not taxing a car i last owned 10 month's ago ive tried phoning them to dispute it but they have none of it over the phone!! they told me to put it in writing, has any one done this and got the £80 dropped? also if i put it in writing what should i write in the letter? i sold the car to a garage 10 month's ago they filled in the v5 and i posted it myself so i know it was done! but the dvla said it's up to me to make sure i get the letter from them, how am i supposed to know it's never happened to me before grrrrrrrrrr it's got me pee'd off

 

also if i do pay it whats to say they wont send me another 6 month's later?

[avante]

Read through as many other posts on here as you can, understand the arguments, understand what the defence is.

There is no legal requirement for you, or anybody, to contact the DVLA. Any acknowledgement letter sent by them is purely advisory, and when they send is is ambiguous, with different documents saying WITHIN 4 weeks, and AFTER 4 weeks.

Detail what you did in terms of selling the car, sending off the V5C, and use one of the templates on here in the posts that suits.

Understand the Interpretation Law, and how it means that your letter is deemed as served when yo post it, so long as it is properly pre-paid.

Don't get angry, just write it all down, be nice, and send it to them, and wait.

Acknowledge the letters you recieve from them. If they start talking about debt collection, or that you owe them a debt, advise them that this is a payment, and it a disputed payment, and they therefore they cannot instruct a debt collection agency. If they do, calmly write to the DCA advising them that this is a payment in dispute and that they should refer it back to their client.

Most important, stay cool, and read loads of posts to get an understanding that all they are trying to do is make you believe that it is your fault, and then they try to bully you into paying them money.

[bmw222000]

thankyou i will have a good read

[bmw222000]

ive been looking for a template that discribes my problem but i cant find one can anyone help i maybe missing some thing?

[postggj]

but the dvla said it's up to me to make sure i get the letter from them, how am i supposed to know it's never happened to me before grrrrrrrrrr it's got me pee'd off

 

 

two recent court cases

 

there is no legal obligation for you to contact dvla if you receive no confirmation on a sorn etc

[bmw222000]

thats what they told me on the phone today it's down to me to make sure i get the reciept for new keeper!!

[postggj]

rollocks as usual from dvla

 

i take it you did not see watchdog a few weeks ago

[bmw222000]

no mate i sadly missed it anyone guide me in the right direction of a template?

[lonerider]

I am really sorry you are having these problems. I cant help you with a template, but I can provide a direct link, we are asking users to make a formal complaint on the DVLA.

 

Post complaint here & read others just like yours

 

Information is, if we have enought complaints Watchdog may run the story again. Please post your complaint

You will also be able to watch the series that was on the 27th may 2010

Edited June 10, 2010 by lonerider
update

[avante]

Don't believe what the DVLA tell you, all they want to do is make you pay. They'll bully you, and they'll make you think that because they are the DVLA, they are the law. They're not! They'll make it up as they go along, the more you read, the funnier it gets.

Hold your ground, you'reright, they're wrong.

[bmw222000]

here's a one ive found ive added a bit do you think it would be ok to send?

 

The DVLA has issued me with a "penalty" for allegedly not registering my vehicle as SORN. The vehicle was part exchanged with a garage who filled in there part of the v5c and it was given back to me which i posted first class to the DVLA.

 

By virtue of the fact that the DVLA method of trial is a computer database and the postal system, I consider that the DVLA is acting Ultra Vires by attempting to extort monies from me without due legal process, as is my right under article 6 of the human rights convention and under the Bill of rights 1689. The DVLA is not a Court of Law nor is it a competent authority for the following reasons:

 

Article 6 of the given European Convention on Human Rights provides that -

 

"In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. Judgment shall be pronounced publicly but the press and public may be excluded from all or part of the trial in the interests of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice."

 

The said appeals service offered by the said DVLA is not established in accordance with law, as required by the said Article 6 of the European Convention on Human Rights -

 

in that:

 

The basic laws of the United Kingdom as provided within the Common Law of the Kingdom of England with the Principality of Wales and the province of Northern Ireland, and as further enacted by the Crown and Parliament of the United Kingdom to the purpose of establishing and preserving the Civil Liberties of all people living within the territories of the United Kingdom –

 

which Common Law may not be repealed and which Statute Law remains un-repealed -

 

have been and are now being violated by the provisions of such enactment as now claims to provide lawful authority for the existence and conduct of the DVLA, but which fails to provide any such lawful authority, because of the given violations to Constitutional Laws and Provisions which retain the force of law.

 

In evidence of the submission given, a full reference is made to the text of the Common Law Charter of King Henry III, dated 1225 (the existence of which Charter is now evidenced by the text of the 1297 enactment of King Edward I and his parliament), and a further full reference is made to the several texts of the Declaration & Bill of Rights (variously dated February & December of 1689) –

 

which latter documents now serve to define and restrict the powers of the Crown in Parliament, to the purpose of preserving Peaceful Government under the Rule of Law,

 

Article 234 (formerly Article 177), of the Treaty establishing the legal entity that is now known as the European Union now provides -

 

 

that the European Court of Justice shall have jurisdiction to

give preliminary rulings concerning -

 

(a) the interpretation of the Treaty;

 

(b) the validity and interpretation of acts (entered into) by the

institutions of the Community and/or by the European Bank;

 

© the interpretation of the statutes of bodies established by an

act of the Council, where those statutes so provide.

Where such a question is raised before any court or tribunal

of a Member State, that court or tribunal may, if it considers

that a decision on the question is necessary to enable it to

give judgment, request the Court of Justice to give a ruling

thereon.

Where any such question is raised in a case pending before

a court or tribunal of a Member State against whose decis-

ions there is no judicial remedy under national law, that court

or tribunal shall bring the matter before the Court of Justice.

Magna Carta of 1225, confirmed by the Statute of 1297.

"We will not pass upon him, nor [condemn him], but by lawful judgment of his peers, or by the Law of the Land."

 

I contend that the clear option as to method of trial is an option that belongs to me as my property, and that title to this property is confirmed by the Confirmation of Liberties given in Magna Carta-

 

"We have granted also, and given to all the Freemen of our Realm, for Us and our Heirs for ever, these Liberties underwritten, to have and to hold to them and their Heirs, of Us and our Heirs for ever"

 

I also contend that the substantive law relevant to this hearing is further declared by the provisions of the Declaration of Rights and further secured by the Bill of Rights subsequently enacted -

 

"That all grants and promises of fines and forfeitures of particular persons before conviction are illegal and void"

As such, I do not recognise the DVLA’s authority to issue penalties/fines nor have I had a trial within a competent criminal Court to find guilt under a section 31A offence of not procuring a vehicle licence. Should the DVLA insist on pursuing this unlawful course of action, then I request that you refer the matter to the European Court of Justice under article 234

[bmw222000]

also would it be best for me to send this recorded?

[loopylil]

Hi bmw, only this week my son-inlaw had the same happen to him. He sent two sworn forms back to dvla together in same envelope for two cars of his. This is the best though they sent him letter confirming the one not the other.Then this week he s had letter fining him £80.00.

 

loopylil

[bmw222000]

Should I send it recorded then they can't say they didn't recieve it?

[avante]

My understanding is that they recieve bulk mail, and sign for all recorded post in one lot, they don't individually sign for letters. It will at least give you sa receipt to prove you sent it.

However, the DVLA seem to be saying "we don't care if you can prove you sent it, unless you recieve an acknowledgement letter, you can't prove that we recieved it!" There have been tales of people handing these over in person at the DVLA yet still the DVLA say they havent recieved it!

They don't send anything to you recorded delivery, so why bother sending to them recorded delivery?? Just keep copies of every correspondence between you and the DVLA.

[bmw222000]

Good point cheers