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Taken to court for failure to advise change of keeper


whitelighter
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So I received a 'next steps' letter from a county magistrates court informing me I hadn't paid a fine after a court hearing. This is the first I have heard of this and after some digging I have found it relates to the sale of a vehicle in September 2012.

 

They had written to me at an old address and the court found my new address which is why I received this letter.

 

I have contacted the court and will go on Monday to complete a section 14 statutory declaration confirming I was unaware of the proceedings against me and have the case and fine nullified.

 

I understand however it is likely that the DVLA will re-issue proceedings against me and I will have to attend court as it has already got to this stage in my absence. It seems the pre-court negotiation letter is not an option for me.

 

I have two questions really - I sent the V5 by post as stipulated on the form. It was first class post so I have no record of posting, though after 15 months is it reasonable that even if I had sent it by recorded mail I would still have the record of posting?

 

So accepting that I am innocent of the offence of not not sending the change of keeper, how should I defend myself in court? Can I point out that I have complied with the request under the definition act of ''sending' the document. Also, I assume that they must prove beyond doubt I didn't send it and I can't see how they can safely do this?

 

The second question regards the amount of fine - they are saying the total outstanding of £310 includes costs of £85, a court fee of £25 and the original fine of £200! £200 seems a lot for sending a document when a standard speeding fine is £80. I'd this correct?

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I was issued with a charge for not notifying DVLA of change of keeper. my thread is here.

http://www.consumeractiongroup.co.uk/forum/showthread.php?284709-DVLAs-Late-Licensing-Penalty-How-many-Court-Cases-have-DVLA-Lost

 

hopefully some of the information used here might be able to help you sort your problem with them out.

 

I am sure other with more knowledge will be able to advise further

.

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You will be happy to know that the law is changing next year, but as far as I know, a lot of people get caught out this way, as the small print on the notice, says if you haven't had a confirmation letter within a certain length of time, you are meant to get in touch. I do not think any judge would find you guilty, as you sent the document, but recorded delivery has been lost on me with an important document, and the Royal Mail just said put in a claim form for what I don't know. DVLA know they system is wrong, as the Citizen's Advice, but you will possibly get more reliable information on here. Good luck

LilythePink

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  • 2 weeks later...

It's ironic you've had this experience. I nearly fell over when I saw the Magistrates letter setting out a £310 fine!! This is the first I've actually heard about this. I sent the slip off in March, have heard ABSOLUTELY NOTHING, and then get a kick in the proverbials! I would have thought at least I'd get an opportunity to defend myself. I have until 14th Jan to pay otherwise the court send out their henchmen. Can someone advise??

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I just can't believe it. Just to clarify, I have not heard from DVLA before regarding disposal of the vehicle, they haven't offered me a poxy fine which I probably would have paid to get them off my back, and I get a Magistrates letter straight on with the £310 fine. WTF?

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Try speaking to DVLA, request a "Late licensing Penalty dispute process" - form V991.

 

 

Won't be a Late Licensing Penalty - it is a magistrates court matter, either failure to notify or not having a licence.

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So what do I do? I am planning on writing to the Magistrates Court, seeing if I can suspend the matter, and dispute the matter. However, if they don't co-operate, I am planning on paying the fine and sending a letter of dispute taking the the DVLA to court to claim my money back plus interest. Does that sound logical??!!

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You need to contact the court and arrange to make a statutory declaration under s.14, Magistrates Court Act 1980. Which, if accepted, will cancel the conviction and the DVLA will have to start again, which gives you an opportunity to defend the matter.

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