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DVLA failure to notify- again

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Sorry for reviving this thread but I am in the situation for a 2nd time!

 

The first time this happened I sent in a letter with my no guilty plea stating the phone calls to the DVLA I had made previously and the interpretations act etc. I received the first requisition on the 18th of Dec. with a court date of 3rd of Jan... How nice was that!

 

Due to the time frame they received the letter morning of the court date! I ushered into the court room about 30 minutes before it was due open (still dark and empty etc) to be told on this occasion they would let it pass (wow thanks a lot lol)

I asked about compensation for my days wage and travel expenses to be met with "if you wish to try for it then we will have to proceed with the court hearing but we will win that and you will be fined £1000" I said how exactly you can't prove I never sent the V5 and was met with the same reply. At that time being in experienced (first time I'd ever been in a courthouse let alone court room) I thought cut my losses and run lol

 

 

This times requisition is even better the statement of "facts" was signed 4th Dec. The letter post marked 18th of Dec. But I actually received the letter 2nd of Jan with a court date of the 10th again how nice yet again.

 

I've had no warnings or notifications just like the first time! I spoke to the new keeper about 3 months after the sale to check alls ok and he said he loved the motorcycle and that he had the V5 etc. So I thought no more of it.

 

I've actually written in my reply along with my Not Guilty Plea a thanks for yet again ruining my start to a new year and explained about the last case not even getting to official court which will be a 2nd day of lost wages and 2nd lot of travel expenses for the DVLAs false claims.

 

I've also stated that I have a date stamped photo on our camera with the completed V5 along side a correctly addressed envelope with a 1st class stamp on.

 

Being the second time around I doubt they are going to let it pass like the first time and use it as ammunition as to why I didn't send the V5 recorded (a big regret) but as there is no legal requirement to send recorded, special or even to get proof of postage then it shouldn't matter but still they'll try it.

 

Surely its for them to prove my guilt (as I'm innocent until proven guilty am I not?) so heres my line of attack so far...

 

1. Point out under the Interpretations Act 1978 Section 7 I have fulfilled their (by law) request by sending the V5 by 1st class mail and that is for them to prove that I haven't sent it and that I had no intent to send it.

 

2. Use the photo of the V5 with the correctly addressed and stamped envelope to further back the above (why would i got to the trouble and stamp cost only to not send it)

 

3. I have a witness (who will be with me on the day of court) who was with me the day I sold the vehicle and the day I actually put the v5 in the postbox

 

4. If they mention the "Once we know about the changes, you should receive an acknowledgement letter to confirm that you are no longer responsible for the vehicle. If you do not receive the letter within 4 weeks, please phone 0300 790 6802."

I shall say this is but a mere courtesy service for the DVLA not a requirement by law. Please provide the law or Act that states I MUST phone or contact the DVLA If I have not receievd any acknowledgement but also that this sentence rasies a few questions such as to the actual action the DVLA is asking (not requesting) we do.

 

- Do we call before the 4 weeks is up or after? If we call before will be met with "call back after the 4 weeks has expired just in case it does arrive"? If this is the case then there is no time frame stated as to when I or anyone else is to actually phone DVLA (out of courtesy) regarding not receiving the acknowledgement after the 4 weeks has expired. I could call in the 5th week and say I have not received the acknowledgement within the 4 weeks but I could call 5 years later and say on such and such a date I didn't receive the acknowledgement within the 4weeks after sending off the v5.

 

- There is also the use of the word "should" is this imply that in some or many circumstances that acknowledgements aren't received i.e. failed to be delivered?

 

5. I shall use the case no. that was mentioned on here to enforce the fact that a similar/same case was dismissed on the same grounds with the same accusations made. (re. not notifying and trying to say you need to contact if no acknowledgement is received etc)

 

Also I may mention 2 other cases that where fought and won in a magistrates court.

 

I'm sure there's more but still reading up and building up info!

 

If anyone could add anything to aid my pending battle I'll greatly appreciate it.

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I went along on the 10th to what I thought was my court case etc. instead it was for me to just plead guilty or not guilty and nothing said would be taken into account etc.

 

Before court opened the DVLA prosecutor was doing the rounds offering everyone out of court settlements in order to get the full ££ of course. He offered me £85 OFC settlement to which I laughed and said no.

 

I get called in once court is open, told that I will be taken to court based on my not guilty plea and that the DVLA will explain I needed to deliver the V5 and had a "responsibility" to chase up the acknowledgement.

 

Again they didn't want to hear anything I had to say regarding the Interpretations Act or the fact there is no law or requirement to chase up the acknowledgement.

 

I was told up until my court case (14th Feb) I can choose to settle with the DVLA for £35 out of court etc.

 

I said I need to consider my options as it'll technically cost me more then the £35 to prove my innocence rather then them prove be me guilty it seemed! The majistrate explained my "options" (go court or pay £35) to which I replied I'm not left with any option if were all honest are we? In a real you bunch of C*NTS tone! Which they picked up on lol!

 

Any who I stood for about 10 mins ummming and arrgghhing, seeing as i had paid for all day parking I was in no rush unlike them! They asked for my decision to which I asked for more time and they let me sitout fo court to decide... I asked to see the prosecutor and he gave me a form with the £35 to pay on it before 7th Feb or go court on 14th Feb.

 

I was intending to pay the £35 under duress as it will cost me more to travel, take time off work and such..... but a few days ago LOW AND BEHOLD I recieved my acknowldgement letter dated 7/01/13 3 days before my summons to court!!!!!!!!!!!! B*STARDS!

 

I contacted the DVLA enforement office via the number on the £35 paperwork and spoke to a woman with a proper attitude! I explained the case to which she stated there is a law that requires me to ring for the acknowledgement.... when I said no there isn't and if there is can you tell me what law that when the real attitude started!

 

She said I needed to write to them. But i explaind they won't recieve it before the cut off for the out of court etc. to which she kept replying the case is on the 14th etc.

 

She then proceeded to tell me that I live in Chelmsford so I can take my letter to them which I don't (proves she didn't read my information correctly) I said I don't drive so will cost me travel and time off work to travel to and from just to deliver the letter etc... to which the cheeky b*tch replyed why did you have a vehicle if you don't have a licence. I simply replied A) you don't need a licence to own any vehicle and B) that none of your business and irrelevant!

 

After trying to come out with loads of crap and me shooting it all down she hung up!

 

I then phoned back to ask another question to which she said she was going to hang up again I managed to say I needed to ask just one more question which was about writing and if all else fails paying the £35 and she just said it needs to go court if your not paying so I said ok and hung up.

 

After about 20 mins I phoned back. This time stating that I'll be unable to attend court on the 14th Feb due to family commitments... but I'm willing to pay providing I can record her name for taking my payment on behalf of the DVLA as I may and most likely take the DVLA to court myself. I got a very stern reply - I'm not having that... LOL

 

So ok for them to record us, use it as evidence as needed but seems not for us to do the same? Interesting!

 

Anyway she has forwarded my contact number to the prosecutor as she doesn't want to be involved in any transactions BUT DERRRR that's your job you stupid woman!

 

Hopefully he calls me tomorrow before the cut off time.

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Hi

 

Just reading this is a bit worrying. I've got summons for the same but I sent the V5 and DVLA said they haven't received it. I'm trying to find some dismissed cases that I can use.

 

Could anyone kindly point me in the right direction.

Thanks

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Hi

 

Just reading this is a bit worrying. I've got summons for the same but I sent the V5 and DVLA said they haven't received it. I'm trying to find some dismissed cases that I can use.

 

Could anyone kindly point me in the right direction.

Thanks

 

Why not tell us the story and no doubt you'll get some advice from those in the know. The link below lets you start your own thread

 

http://www.consumeractiongroup.co.uk/forum/newthread.php?do=newthread&f=140


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