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DVLA Playing funny beggers, please help on next step


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Hello, I have been sending letters to DVLA regarding a LLP i received on a car I sold 2 weeks prior to the tax running out.

 

I duely sent of the completed V5C and presumed everything was fine, ad I did not hear anything to the contrary till a few weeks ago.

 

I sent template letters adjusted to my details from the cag.

 

Today I received this letter, can anybody please guide me on my next steps

 

bside.jpg

 

I have uploaded the letter scanned in and the letter is here

http://www.removalking.co.uk/internal/dvla.html

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Edited by thepalace1
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Thanks for the link, I had already read through that thread, and re-read again after your post.

 

I can't seem to find within that thread any specific info on what my next step should be.

 

Should I just wait for my day in court, what do you think?

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OK. It's the normal B*S* from the DVLA basically implying that because the Interpretation Act (which is law) doesn't suit them, they can choose to disregard it and introduce their own checks like the "confirmation letter" (which is not law) but allows them to fine lots of people for their screw ups.

 

If you remain adamant and firm that you posted the V5C correctly and in a timely manner, and are prepared to state the same in a court (where you would be purguring yourself if it were not true), then it becomes more than an "assertion" as they claim, and the onus is on them to prove to to be lying.

 

I would write back, re-stating section 7 of the Interpretation Act, which clearly states that when you say you have posted they have to prove you haven't, and that you are prepared to swear to this in court should they wish to proceed that far. Tell them you will of course be asking the court for your costs to be covered for their error.

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Pretty much a template letter they've sent back. Rejecting the Interpretations Act is something they can do till they are blue in the face, it still doesn't make it redundant under the law. Stick to your guns - write to your MP, ask to have it put before the ICA (DVLA independant Complaints Authority), then push it up to your MP again and have him complain to the PHSO.

 

After all that turn up in court. Defend yourself politely and present your case stating compliance with the Interpretations Act and disregard their own process which has no legal requirement. Then hopefully walk out of court with your expenses paid and a big smile on your face... well that's what I'm hoping for ;)

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Bit of an update..

 

I posted off a letter on Wednesday, and emailed a copy to the email on the last letter i received from them, re-iterating the point regarding the Interpretation act, and saying I would be prepared to stand up in court and swear to such.

 

I also included an invoice for the monies I was out of pocket, for sending all the letters ( stamps, envelopes, ink, paper, traveling to post office) totaling £11.39, just to see how they liked receiving bills, sort of in jest only.

 

Aany way, Saturday I received my post, in the post was an evelope stamped from Newcastle Upon Tyne, I opened it and out fell a cheque for £11.39, no letter, just a cheque and remittance advice slip.

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I wouldn't cash it yet, not until you receive some final confirmation they have withdrawn their charge. If they haven't, then your costs are going continue to accrue and you will be asking for more at court when you get there. having cashed the cheque may make it harder to ask for further costs at the time, although conversly, I would think having the payment in your possession would help your case as they already appear to accept they are causing you costs due to their error.

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Lucky you.

All I got 3 or 4 years back was a First Class Stamp whan I claimed for letters, photocopies and phone calls.

It came with a 2 page letter from Mrs Woolley apologising profusely for DVLA's error and failing to act on my earlier phone call pointing it out.

 

O/T

They had arbitrarily changed the Taxation Class from Bicycle to PLG, and sent me a renewal notice 6 months into the year's Tax that I had bought. They said this was because the Bicycle rate for a year was approx the same as 6 months for an 1100cc BMW car - yet there is no such a car!

When I phoned they accepted their error and promised to rectify it.

But they didn't, preferring to issue penalty letters a month or so later!

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Bit of an update..

 

I posted off a letter on Wednesday, and emailed a copy to the email on the last letter i received from them, re-iterating the point regarding the Interpretation act, and saying I would be prepared to stand up in court and swear to such.

 

I also included an invoice for the monies I was out of pocket, for sending all the letters ( stamps, envelopes, ink, paper, traveling to post office) totaling £11.39, just to see how they liked receiving bills, sort of in jest only.

 

Aany way, Saturday I received my post, in the post was an evelope stamped from Newcastle Upon Tyne, I opened it and out fell a cheque for £11.39, no letter, just a cheque and remittance advice slip.

 

Pictures or it didn't happen!!! That's just so impossible to believe :)

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More Updates, I have today received a letter from the office of the Acting Managing Director Mr Tse

 

here is the letter

 

http://www.removalking.co.uk/internal/tse/front.html

http://www.removalking.co.uk/internal/tse/back.html

 

Does anybody there know whats heppening, I haven't and will not be cashing the cheque

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Such arrogance by the DVLA! They acknowledge that it is not covered by law that a person should contact them after 4 weeks if no acknowledgement letter has been received yet they still think because their system is good that they can ignore legislation (Intepretation Act) and still issue fines!

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Hi thepalace1, we've had these sorts of letters from DVLA in relation to cars we've either scrapped at a scrap yard or sold on. We wrote back and informed them of the date the vehicle was sold/scrapped and that all the documents that were required were sent off. Yes we got threats of legal action and being taken to court but simply ignored them and never heard another thing.

 

The sad fact is DVLA extract the urine and instead of an information holding office, its now become a place where drivers and vehicle owners are targetted to impose a stealth tax on otherwise known as a fine for those willing to roll over and take what's given to them.

 

My advice is write to them offering the details of when the vehicle was sold on, tell them you sent off the forms and call that an end to it. Also email them as you'll get an auto response generated receipt offering proof in the unlikely event they do actually take you to court that you did all that you should. One thing I will mention, a few years back I bought a motorcycle and sent off the change of keeper form. After several weeks I heard nothing and contacted them about this. The swines attempted to charge me £38 for a new logbook! However, after a couple of months I did get the form I'd sent off back, it had been misposted and when I sent it off again, I got a logbook back no problems with no charges to pay.

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