Alleged Failure to inform DVLA of vehicle sale

[crackoff]

Good agternoon guys and gals...

 

Hoping you can help me out here.

 

I sold my car last October, did all the usual, and sent off the bottom slip to the DVLA. I think it was in May, they sent a letter, regards Taxing the car, so I rang them, letting them know they had sent the renual to the wrong address and should resend to its new owner. No problems there.

 

But about a month ago, I received a summons to magistrates court today, as a start of legal proceedings.

 

I went along, and asked exactly where there is any evidence of my not sending off the neccesary paperwork, and got told all they need is a "section 9"??? for them to take me to court.

 

Seriously... its a piece of paper, printed out with a DVLA header, and someone saying they cant find my paperwork.

 

First off, how does this hold ANY weight in court, I could knock this up on my computer in seconds, and sign it, saying that I've sent it... Effectively, there is no actual evidence one way or another, just someone pointing a finger and saying "you did a naughty" well, I'm very sorry, but I didn't, and I wont pay for some elses mistake.

 

Secondly, given that DVLA are prone to making mistakes, regularly, how can they justify chasing up on the say so of one of their staff?

 

Thirdly, Why are the courts listening to these incompetent idiots?

 

Fourthly, if they dont tell me the documentation hasn't arrived, how can I know whats happened, especially with the third party being the royal mail, a company that looses 1 million letters a week?

 

Last of all, how do I get these people off my back? Because there is no way I'm pleading guilty, theres no way I'm paying any fines or costs. It will end up a simple case of them having to give me a costodial sentance in order for them to get anything.

 

I hate that the little man can get dragged through court on the say so of one employee of any Government agency, and the fact that there is nothing in the way of actual evidence absolutely disgusts me.

 

Please help, thanks in advance

 

Martin

[clint1974]

If they are sending you tax reminders 6 months after you have sold the car alarm bells should be ringing! From what i have read you do not have to send it recorded or even get proof of posting but i for one would do both when dealing with these mercenaries! likewise chances are your notification of sale aknowledgment could just as easy go missing in the postal network.

[crackoff]

I take it from the lack of responce, I'm knackered? Was hoping there was some basis in law that goes along the lines of "innocent until proven guilty" leaving the DVLA the task of actually producing some evidence that proves I did not post the slip...

[crem]

I sold my car last October, did all the usual, and sent off the bottom slip to the DVLA.

 

Can you be more specific about what you claim you sent to the DVLA please.

 

There is no "slip" that you should have sent to the DVLA. You should have given the V5C/2 to the new keeper which is the green section 10 from the V5C and sent the ENTIRE REMAINING DOCUMENT, specifically sections 1 through 8 to the DVLA.

 

Is this what you did?

[itstheone]

I haven't done this for a while but last time i sent something to the DVLA because i'd scrapped a car i seem to remember the small print saying something about if i hadn't received an acknowledgement within 14 days to contact them.

 

Can't you get then to check who is insured to drive it? There shouldn't be any data protection issues as they think you still own the car?

[crem]

Can't you get then to check who is insured to drive it? There shouldn't be any data protection issues as they think you still own the car?

 

Why would the DVLA know who is insured to sdrive it and what relevance would that be to their fine?

[lelu19uk]

I have the same problem. I sentthe v5 off to the dvla when i sold my car in may 2012. I havent had anything from them until last week when i got a court summons to attend in april 2013. I had a tax reminder 2 months after i sold the car so phoned them and was told to send a letter in, which i did. I have moved and cant find any paperwork for the car now. I dont know where to go with this either but i am not pleading guilty to something i have done twice.

[havinastella]

Hi Lelu, attend court and plead not guilty. They don't have a leg t stand on.

 

Have a look around for other threads that match your situation exactly.

[champion troublemaker]

ME TOO, I sent of my v5 and forgot about it, i then got a tax reminder so i rang the dvla, they said i had to write a letter stating when i sold it and who to, i did this but ommitted the VRM by mistake so it was returned to me, I did not get round to returning it straight away but shortly after i received a fine for failing to insure, (the new owner taxed the car with the green slip), I then sent a letter of appeal explaining the circumstances and received a letter stating they "would" let me know the outcome but i am still responsible until i have received an acknowledgement letter stating i was not the owner,(i received that the same day as the other letter) As far as i am aware i fulfilled my obligation by ringing them to tell them i had not received a reply to my Change of ownership, thats all the law states, it doesn't say ring them and follow their instructions!. I await their decission but i can guess what it will be

[mike-marshall]

Hi There, Ive a similar problem, sold my quad,filled in the V5 & sent it off, got a letter from DVLA stating that they have not received the V5 bk.. Im now waiting to go to court..

[chomerly]

I'm having the same issue as most on here.

Sold the car last May, got a letter in October demanding a fine, rang to say that the car had been sold and that I had sent the V5C the same day as the buyer collected the car.

 

I got another letter not long after asking for the details of the new owner (which I don't have) and also demanding £55 for the privilege of not taking me to court.

Wrote back giving them a printout of the auction (eBay) and advised them that I no longer have the details of the buyer as that information was on the remainder of the V5C document which was sent to them.

I got a reply a couple of weeks later stating that it is my responsibility to contact them for about an acknowledgement letter within 14 days.

 

Basically, the back and fourth between me and the DVLA has resulted in me being summonsed to court.

And that day is tomorrow.

 

I'll let you know in a new thread the result.

All I can say is that if I lose, I'll be putting in an appeal straight away.

[crem]

don't forget to take a copy of the interpretations act with you, specifically section 7 which is where it states that once you have posted the document it is deemed to have been received unless they can prove otherwise. Remember their favourite "defence" against the interpretation Act is they require it to be "delivered" and the Act doesn't use that word. But the Act does clearly state that it covers "whether the expression "serve" or the expressions "give" or "send" or any other expression is used"

 

Under the Interpretation Act 1978 Section 7, it states:

 

Where an Act authorises or requires any document to be served by post (whether the expression "serve" or the expressions "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 effected at the time at which the letter would be delivered in the ordinary course of post."

[Ktlin]

I'm having the same issue as most on here.

Sold the car last May, got a letter in October demanding a fine, rang to say that the car had been sold and that I had sent the V5C the same day as the buyer collected the car.

 

I got another letter not long after asking for the details of the new owner (which I don't have) and also demanding £55 for the privilege of not taking me to court.

Wrote back giving them a printout of the auction (eBay) and advised them that I no longer have the details of the buyer as that information was on the remainder of the V5C document which was sent to them.

I got a reply a couple of weeks later stating that it is my responsibility to contact them for about an acknowledgement letter within 14 days.

 

Basically, the back and fourth between me and the DVLA has resulted in me being summonsed to court.

And that day is tomorrow.

 

I'll let you know in a new thread the result.

All I can say is that if I lose, I'll be putting in an appeal straight away.

 

Please let me know how it goes as l have same issue, sold car two months ago , contacted dvla last week as l received parking fine, and they said to just send my details they didn't need new keeper , will they take me off as keeper of the car without the new keeper details , lm worried coz tax runs out on 30 April and the buyer is not responding my texts and mails , can l use the reminder tax disc to sorn the car

Im confused

[mike-marshall]

Im still waiting for any court sum' from them, but I think this is in the post,if they have not lost it by now,Ha-Ha,ill keep U posted:lol:

[mike-marshall]

Im still waiting for any court sum' from Them but I think this is in the post,if they have not lost it by now,Ha-Ha,ill keep U posted:lol:

Edited April 13, 2013 by mike-marshall
missed spelt

[steveandhelen]

I have had lots of these sort of dealings with them .... I hate DVLA. I think they should just let us all do their job for them and get it all done online and print off the proof. They would just need a small amount of staff to help people with no computer. Surly they could do that without messing it up!!!

1 sorn went guilty to this as I never kept proof and didn't have a leg to stand on.

2 cars sold and posted paper work never recieved

 

Partner has one just now for motorbike sold. We had 2 bikes made into one and sold it on ebay done paper work then moved. We have just recieved a fine for £305 from court who "with further investigation found him at our new address." Why could DVLA not have found us before they went to the courts? ..... Here we go again. Must be the same useless individual who shreds the paper work for this area, i wish they'd hurry and get caught

 

 

You should always go to court no matter what.

Say your piece respectfully to the Magistrate

take as much information with you

set up a face book account solely for the messing up of V5 documents by DVLA (Iwill do this if people join) so you can easily print it off and take it with you to show their incompetence (I love this site but its hard to copy and paste the same sort of complaint to take to court or send to MP's)

 

sorry RANT over

[steveandhelen]

You need to keep on at them and the parking ticket will be a different issue be careful and don't give up