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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Failure to notify change of ownership court case **Case Withdrawn**

Jammin91

By Jammin91
in DVLA

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Jammin91

Jammin91

Posted
Posted

Hi everyone I'd really appreciate some advice as

 

I've spent the whole bank holiday weekend sick with worry at the thought of court on Tuesday.

 

Here's how it stands

 

I part exed my car for another early 2013

 

I took docs to DVLA local office to have my plate transferred over

and also included with it a letter stating the car was now owned by the dealer

 

The dealer had filled in the yellow slip

 

The DVLA are taking me to magistrates court after a lot of intimidation and I'm worried sick.

 

What do I do?

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dx100uk

dx100uk

Posted
Posted

so another case of the DVLA losing documents?

 

theres several here already.

 

tell us the story

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Jammin91

Jammin91

Posted
  • Author
Posted

my friend owns a garage.

 

I traded my car in for a less expensive one as I was looking to get debt free.

 

Filled in all the paperwork and physically handed it over the counter at my DVLA office.

 

Alongside this I also paid £80 to transfer the private plate I had on my car onto my new one.

 

The docs returned but with my name on them to the dealer, Thought nothing of it and

 

in the meantime the guy who buys the car from the dealer applies for a V5 as the dealer has misplaced it.

 

That's where it all began.

 

However since all of this has begun

 

the dealer found the V5 again but by that time it was too late.

 

It's a total mess and I'm really worried I've never been in trouble or been to court

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Jammin91

Jammin91

Posted
  • Author
Posted

Hi everyone I'd really appreciate some advice as

 

I've spent the whole bank holiday weekend sick with worry at the thought of court on Tuesday.

 

Here's how it stands

 

I part exed my car for another early 2013

 

I took docs to DVLA local office to have my plate transferred over

and also included with it a letter stating the car was now owned by the dealer

 

The dealer had filled in the yellow slip

 

The DVLA are taking me to magistrates court after a lot of intimidation and I'm worried sick.

 

What do I do?

 

my friend owns a garage.

 

I traded my car in for a less expensive one as I was looking to get debt free.

 

Filled in all the paperwork and physically handed it over the counter at my DVLA office.

 

Alongside this I also paid £80 to transfer the private plate I had on my car onto my new one.

 

The docs returned but with my name on them to the dealer, Thought nothing of it and

 

in the meantime the guy who buys the car from the dealer applies for a V5 as the dealer has misplaced it.

 

That's where it all began.

 

However since all of this has begun

 

the dealer found the V5 again but by that time it was too late.

 

It's a total mess and I'm really worried I've never been in trouble or been to court

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alittleknowledge

alittleknowledge

Posted
Posted

Firstly make yourself a cup of tea and take a nice deep breath! You do need to prepare a little for this but it isn't the crime of the century and have confidence in yourself to see it through :)

 

If I'm being slow then apologies but to clarify -

 

The dealer you p/ex'd your old car with filled out the yellow section of the V5 with their details and you handed that to the local DVLA office (along with your letter) when you transferred the private plate. Is that correct?

 

What documents were returned to the dealer that had your name on and who returned sent these to the dealer?

 

What communications have you received from the DVLA about this and have you spoken/written to them at all?

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Jammin91

Jammin91

Posted
  • Author
Posted
Firstly make yourself a cup of tea and take a nice deep breath! You do need to prepare a little for this but it isn't the crime of the century and have confidence in yourself to see it through :)

 

If I'm being slow then apologies but to clarify -

 

The dealer you p/ex'd your old car with filled out the yellow section of the V5 with their details and you handed that to the local DVLA office (along with your letter) when you transferred the private plate. Is that correct?

 

What documents were returned to the dealer that had your name on and who returned sent these to the dealer?

 

What communications have you received from the DVLA about this and have you spoken/written to them at all?

 

Yes that's correct

They returned the V5 to them and I got the V5 for my new car with my private plate on it

They've told me in liable to a £55 charge. Wrote explaining my situation then I got a summons hence the panic

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alittleknowledge

alittleknowledge

Posted
Posted

First thing to always keep at the front of your mind is that your only responsibility is to inform the DVLA of the change of ownership - once you have done that then it doesn't matter if they mess things up, you are not to blame and you have no legal responsibility to check whether they have completed the change in their records.

 

Did the DVLA local office didn't give you any receipt or acknowledgement for either the V5 yellow section or letter when you handed them over? If so then you'll just need to show that but if not then you are still not guilty but it means you will have to work a bit harder to convince the magistrates that you are telling the truth about having informed the DVLA.

 

1. Get to the court early - both to get through security and to find where your court is in the building without being in a rush.

2. Dress smartly - magistrates will judge you on your appearance and a suit/tie goes a long way towards appearing respectable.

3. Magistrates courts are notorious for overrunning so your hearing will likely be late unless you are one of the first listed for the day.

4. Have a written record of all of the details for you to refer to - the date you sold the car, who it was sold to, the date you went to the DVLA office etc. Make copies of the letter you gave advising of the change of ownership, bill of sale showing the part ex from the dealer etc.

5. The court is quite intimidating but remember that they are used to hearing from lay people so don't let yourself get flustered and just speak clearly and concisely. You'll be guided through the formal parts like taking your oath and will be told when to sit and stand so just concentrate on what you have to say.

6. When instructed go through the dates and events from your notes and state that you did inform the DVLA at their local office, offer a copy of your letter to prove that and a copy of the plate transfer receipt to show you were actually there, ask the rhetorical question 'Why would I not have informed the DVLA when I was in their office and knew I would be fined if I didn't?', state that this satisfies all your legal responsibilities to inform DVLA. State that as the dealer received the new registration document then this shows that the DVLA had been informed of the change of keeper as you have stated.

7. Without any proof to the contrary the DVLA will struggle to convince anyone 'beyond all reasonable doubt' that they were not informed. They rely mostly on people not turning up to these hearings to get a judgement in their absence, you may even find that when the DVLA solicitor sees that you intend to contest the charge then they drop the proceedings.

 

Please don't panic about this - remember that you are innocent and you just have to explain that to the magistrates.

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Jammin91

Jammin91

Posted
  • Author
Posted
First thing to always keep at the front of your mind is that your only responsibility is to inform the DVLA of the change of ownership - once you have done that then it doesn't matter if they mess things up, you are not to blame and you have no legal responsibility to check whether they have completed the change in their records.

 

Did the DVLA local office didn't give you any receipt or acknowledgement for either the V5 yellow section or letter when you handed them over? If so then you'll just need to show that but if not then you are still not guilty but it means you will have to work a bit harder to convince the magistrates that you are telling the truth about having informed the DVLA.

 

1. Get to the court early - both to get through security and to find where your court is in the building without being in a rush.

2. Dress smartly - magistrates will judge you on your appearance and a suit/tie goes a long way towards appearing respectable.

3. Magistrates courts are notorious for overrunning so your hearing will likely be late unless you are one of the first listed for the day.

4. Have a written record of all of the details for you to refer to - the date you sold the car, who it was sold to, the date you went to the DVLA office etc. Make copies of the letter you gave advising of the change of ownership, bill of sale showing the part ex from the dealer etc.

5. The court is quite intimidating but remember that they are used to hearing from lay people so don't let yourself get flustered and just speak clearly and concisely. You'll be guided through the formal parts like taking your oath and will be told when to sit and stand so just concentrate on what you have to say.

6. When instructed go through the dates and events from your notes and state that you did inform the DVLA at their local office, offer a copy of your letter to prove that and a copy of the plate transfer receipt to show you were actually there, ask the rhetorical question 'Why would I not have informed the DVLA when I was in their office and knew I would be fined if I didn't?', state that this satisfies all your legal responsibilities to inform DVLA. State that as the dealer received the new registration document then this shows that the DVLA had been informed of the change of keeper as you have stated.

7. Without any proof to the contrary the DVLA will struggle to convince anyone 'beyond all reasonable doubt' that they were not informed. They rely mostly on people not turning up to these hearings to get a judgement in their absence, you may even find that when the DVLA solicitor sees that you intend to contest the charge then they drop the proceedings.

 

Please don't panic about this - remember that you are innocent and you just have to explain that to the magistrates.

 

I don't have the receipt for the change of plate but I paid by card at the local office. I'm just worried as to the outcome do they don't believe what I'm saying. I totally forgot I'd been to the DVLA office until recently. Still really worried about it all but I'm sure I'll be ok just hope things go well and I don't end up owing even more money to this [problem]

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dx100uk

dx100uk

Posted
Posted
I don't have the receipt for the change of plate but I paid by card at the local office. I'm just worried as to the outcome do they don't believe what I'm saying. I totally forgot I'd been to the DVLA office until recently. Still really worried about it all but I'm sure I'll be ok just hope things go well and I don't end up owing even more money to this [problem]

 

get the card statement

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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f16

f16

Posted
Posted

Jammin91

 

A thought.......

 

You say that your dealer friend lost the V5 that was sent to him with your name on it but he has now found it.

Get that V5 because there is a section "Last change of keeper date"

and the doc. should prove you are telling the truth

F16

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Jammin91

Jammin91

Posted
  • Author
Posted

I have got the section from the original V5 with the yellow slip removed. The serial code from this V5 will tally up with their records as I won't be able to get the V5 for tomorrow although that would solidify any claim

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Jammin91

Jammin91

Posted
  • Author
Posted
Get your mate to scan it to you and print it off

 

What time are you in Court ?

 

The letter never said a time just a date. If I'm honest I'd rather just pay the £55 as I have work at 13:30 and this is going to make my day rushed to say the least as the courts 20 mile away from home

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f16

f16

Posted
Posted

Trust me on this one.

 

Take the day off work.

Get that V5 what ever it takes.

Go to Court and win.

 

You will then get awarded "Your costs" Travel ,days pay, letters ,postage

It's worth the "Fight"

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Jammin91

Jammin91

Posted
  • Author
Posted
Trust me on this one.

 

Take the day off work.

Get that V5 what ever it takes.

Go to Court and win.

 

You will then get awarded "Your costs" Travel ,days pay, letters ,postage

It's worth the "Fight"

 

I'll try but as my friend no longer works at the same garage the deal was done at I'm not optimistic it'll be that simple to get the V5 by 9am :/ what do you think of my chances without it? What do I say?

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f16

f16

Posted
Posted

If you took you lap top with you and the garage Emailed it to you. I think that would be allowed.

The Garage Owner should "Help you" You are his customer after all.

 

What do you say ?

 

You tell the truth, the way it happened,and you can't understand how it has come to this or be your fault.

 

But evidence to back this up would really help.

You might get approached by the DVLA rep. Don't worry about what he has to say he is there to frighten you. Don't Be.

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dx100uk

dx100uk

Posted
Posted

well done

 

good work

 

gotta agreed here.

 

don't forget the dvla have lost on numerous occasions over their ';losing' of documents' sent too them

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites
f16

f16

Posted
Posted

Thinking about it again !!!!

.

If you have got "Your section" of the V5 and the Garage Owner confirms that he purchased said vehicle on said date.

That is the end of it.

F16

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f16

f16

Posted
Posted

You said. "I sold my car to a garage to get a cheaper car"

 

Do you have the receipt for this transaction ?

 

If so that is "Your evidence" along with your section of the old V5

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Jammin91

Jammin91

Posted
  • Author
Posted
If you took you lap top with you and the garage Emailed it to you. I think that would be allowed.

The Garage Owner should "Help you" You are his customer after all.

 

What do you say ?

 

You tell the truth, the way it happened,and you can't understand how it has come to this or be your fault.

 

But evidence to back this up would really help.

You might get approached by the DVLA rep. Don't worry about what he has to say he is there to frighten you. Don't Be.

 

I'm calling Natwest as soon as I get up as I know I'll be able to get the statement that reflects I paid them £80 at their local office which proves I was there which also begs the question to the judge 'why wouldn't I have informed them of change of ownership since both V5's have to be handed over for a plate change to occur'

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Jammin91

Jammin91

Posted
  • Author
Posted
I'm calling Natwest as soon as I get up as I know I'll be able to get the statement that reflects I paid them £80 at their local office which proves I was there which also begs the question to the judge 'why wouldn't I have informed them of change of ownership since both V5's have to be handed over for a plate change to occur'

 

I have my section of the V5 (everything below where the yellow strip for selling to a dealer would be

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