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    • That's fine.  The important thing is to show Kev you're trouble and so best to drop you like a hot potato. Invest in a 2nd class stamp tomorrow - all Kev is worth - and get a free Certificate of Posting from the post office.
    • Do not under any circumstances plead guilty until we know what we are dealing with. It's a sure way to 9 points. The tried and tested way to handle this is to plead not guilty to both charges and offer to plead guilty to speeding provided the "Fail to give information" charge is dropped. But I am concerned about this "ticket refused" sticker. I've never heard of this before. A "ticket" is not a term used in connection with speeding offences. There seems a distinct possibility that your response was received by the police but one thing worries me: I've never heard of a sticker being placed on a response and it being returned "Return to Sender". t's just not what ticket offices do. If you could post a picture of this document and the sticker it might help.  If you can show the response was received you may have a defence to the "Fail to Provide" charge (provided you completed your response properly). If the police are saying you did not respond they cannot succeed with a speeding charge (as they have no evidence you were driving). But if you did not respond, who put the sticker on the document and sent it back yo you?
    • lolerz, many thanks for your reply and correcting my big mistake, oh dear start again. They sent the section 48 along with the Form NO 6A, it was sitting on top of the paperwork, sorry about that. SO they have sent me a Form No 6A and i have received the court paperwork with the claim form and defence paperwork.    
    • Hamster Bedding. Ignore.
    • Hi, below is a draft of the letter Address: Hugo Martin Director of Legal and Company Secretary EVRi Parcelnet Ltd trading as Evri CAPITOL HOUSE, 1, CAPITOL CLOSE LEEDS LS27 0WH REQUEST OF CONTRACTS      Dear Sir/Madam, I am writing in regards to the ongoing small claims case ____. In your Defendant’s response you make reference to a pre-existing commercial agreement between yourselves and Packlink (2.7). In that, you claim to have a clause removing customers third party rights under the Contract (Rights of Third Parties) Act 1999. I would like to request a copy of this contract and confirmation of the date on which the exclusion of third party rights term was included in it. If you refuse to provide this then I will be henceforth referring to that refusal in the claim, including to the Judge. I also notice that you have destroyed tracking information due to "lapse of time" in line with your data protection policy (2.12). Can you share where this data protection policy is disclosed to customers? I also ask you to forward you a copy of that data protectiono policy, and again if you refuse to provide this then I will be henceforth referring to that refusal in the claim, including to the Judge. Kind regards,
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DVLA untaxed fine - seller didn’t send off logbook...


BillyBob10
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Hi all, first time poster here, apologies if I get anything wrong!

 

I bought the car two years ago, immediately set up a direct debit and - foolishly now it seems - thought that was that.

 

You all know where this is going... So, last month my car got clamped outside the house, that was the first I knew that my car was untaxed. It turns out I’ve been driving for a year with no tax, I was (and still am) a broken man :(. I regularly check my MOT and insurance online, but tax - it just never crossed my mind, the direct debit was set up immediately, it renews, so all good?

 

Surely there’s a major flaw in the system here? The seller didn’t send off the logbook SO the DVLA had no idea I was the registered keeper. And yes, lo and behold, I now find out about the rule that the direct debits will NOT renew unless they have the keepers details...

 

Then when I finally get the logbook it states that ‘this does NOT prove ownership of the vehicle’ - so what the hell does??? The person who taxes and insured it??? Who then has their direct debits not renewed by the DVLA???

 

Adding to this is the fact that the missus is not on her logbook (I am) yet they renewed her direct debits???

 

Also I have two vehicles also registered with the DVLA. The police also found me within two weeks a few months back for speeding (33 in a 30...) It just seems so wrong?

 

Is there ANYTHING I can do about this? I’m guessing not etc etc but if I start getting the fines coming through as they’ve spotted me on camera 6 times over the past year I won’t be able to afford that...

 

All this because they didn’t renew the DD? And doesn’t the fact that they did with the missus ruin their argument?

 

Apologies but I’m completely out of my depth here and don’t know which way to turn. Would a magistrate see common sense and see the flaw in the system here? Is it worth heading to court to argue my case?

 

Thanks

 

Mike

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Apologies guys a few mistakes/typos above but it was too hard to go and fix them all whilst on my phone!

 

I’m also aware of the fact that it is my responsibility to check about the logbook after four weeks - I’ve got no argument there :( ... Just seems wrong that they can not renew a DD - what possible reason would they give for that? The complaints perhaps from owners who sold the cars but were still getting charged?

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be careful how you interpret what the V5C actually says..and what it means..which is not what you quoted above.

 

it says 'this document in not proof of ownership..it shows who is responsible for registering and taxing the vehicle'

 

now like surnames and addresses will not run up a red flag, as you say, husband often pays for things for spouse and or siblings..

 

but in your case its registered in a different name and a different address totally so when it came around to the system wanting to renew it spat it out as two things are wrong.

 

you should have queried why you didn't get a V5c after about a week or two of owning it.

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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Not there are knowledgeable ones here that will hopefully be along soon

But pers id cough up..it was your doing that caused it..

 

The vehicle is not in your name and you should have retailed the green slip thus ensuring he did transfer ownership/registationto you at rhe time of purchase

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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Just looking at the DVLA’s guide to re-taxing, their official line is ‘Your direct debit will not automatically renew if there is no vehicle keeper in the DVLA’s records’ ...

 

Wouldn’t the previous owner (who didn’t send the logbook off) still be in their records as the keeper? And hence the vehicle does have a keeper and the tax should have been renewed?

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yes but as post 6

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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yes but as post 6

 

Sorry bud I’m not arguing for the sake of it honestly! I also paid two months tax for a cheap runabout I bought during that period when I sorted the brake lines on this car for the MOT...

 

Is the court process worthwhile? Are the costs extortionate for going to court to get someone independent to listen to this? Are you then able to pay in instalments as the DVLA won’t allow it? It just seems so unfair on the average motorist who is and has paid tax for 30 years; I’m really tempted to get a magistrate to hear this but is the process a nightmare?

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