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Home > General Chat > DVLA robbing fookers!

evad1980

1142 Posts
Member #: 10165
Post Whore

Stansted, Essex

Chaps,

The DVLA are threatening to take me to court for failing to notify them about a change of keeper on a car I used to own.

On the DVLA website it does say that it's my responsibility to chase up a notification from the DVLA to state that they've received and updated their records accordingly. I didn't do this.

However, I did send the V5 off to them by first class post and I understand from doing a bit of googling that Section 7 of the Interpretation Act basically states that in posting it to them, I have in fact, served them with the required notice.

That being the case, surely the onus is on them to prove that I didn't send it? Which would be impossible for them to do.

Ideally though, I'd like to avoid having to go to court and just get them to rescind their summons.

Does anyone have any experience of doing this successfully or indeed, if it gets that far, any experience of having to present your defence in court?

They want £35 from me, I dont want to pay it out of principle as I know I did post it!


tadge44

3004 Posts
Member #: 2500
Post Whore

Buckinghamshire

It is totally unfair but them,s the rules and you acknowledge you did not do what they expected so you should pay up and try to forget about that - but not to forget to chase next time.

The DVLA are the only people I know who charge you for their mistakes or omissions.


wil_h

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9258 Posts
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Betwix Harrogate and York

Not worth it for £35.

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On 2nd Jan, 2013 fastcarl said:

the design shows a distinct lack of imagination,
talk about starting off with a clean sheet of paper, then not bothering to fucking draw on it,lol

On 20th Apr, 2012 Paul S said:
I'm mainly concerned about swirl in the runners caused by the tangential entry.


Rod S

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5988 Posts
Member #: 2024
Formally Retired

Rural Suffolk

Whenever you post anything like that, take it to a Post Office and get a certificate of posting.

It doesn't cost anything (apart from your time going there instead of putting it a letter box) and gives you all the protection you need.

OK, hindsight in your case but something for others to think about.

Schrödinger's cat - so which one am I ???


evad1980

1142 Posts
Member #: 10165
Post Whore

Stansted, Essex

Its just pissingly annoying! I know its not a huge ammount of money but its totally unfair...


stevieturbo

3593 Posts
Member #: 655
Post Whore

Northern Ireland

When they claim they have posted you a speeding ticket etc....you are factually deemed to have received it regardless of not having any evidence to support this.

I'd be standing my ground, and telling them they need to sort out their internal mail system.

It's not like they arent renowned for losing mail !

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202mph standing mile
speed didn't kill me, but taxation probably will


Tom Fenton
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15300 Posts
Member #: 337
Fearless Tom Fenton, Avon Park 2007 & 2008 class D winner

&

TM legend.

Rotherham South Yorkshire

A mate of mine had this, hes a stubborn fucker so refused to pay and didn't back down, morning of his court appearance they dropped it...


On 29th Nov, 2016 madmk1 said:


On 28th Nov, 2016 Rob Gavin said:
I refuse to pay for anything else


Like fuel 😂😂


tadge44

3004 Posts
Member #: 2500
Post Whore

Buckinghamshire

Rod, I am not sure that a certificate of posting is regarded as evidence of receipt ?

Knowing the chicken brains at DVLA they will still deny knowledge if it suits them.

Tom, it is good to hear that someone backed them down - I wonder if it happened more than once ?


Rob Gavin

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6729 Posts
Member #: 618
Post Whore

Glasgow

I always sent it recorded delivery; yes it costs me an extra 70p or so but it has paid off more than a few occasions (not just DVLA)


evad1980

1142 Posts
Member #: 10165
Post Whore

Stansted, Essex

Well chaps I have just sent them a letter. A lawyer friend of mine helped me word it and it's pretty good I must say. I'm not going to give in that easily. Let's see what they send back....?


Rod S

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5988 Posts
Member #: 2024
Formally Retired

Rural Suffolk

On 3rd Nov, 2014 tadge44 said:
Rod, I am not sure that a certificate of posting is regarded as evidence of receipt ?

David, absolutely right, it isn't proof of receipt, just proof you actually posted it. You have to pay the 70p mentioned for recorded if you want proof of receipt. A certificate of posting just says where to and what date.

But you do get compensation if the recipient says it's not been delivered and I would like to think a magistrate would believe DVLA lost it (rather than you were lying) if you presented the certificate in Court.

I've never been in a court situation in this scenario but I have received full compensation twice now from Royal Mail for items they lost.

I never post anything without getting one now (apart from Christmas cards).

Schrödinger's cat - so which one am I ???


Shauna

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1043 Posts
Member #: 10424
Post Whore

Swansea boyo!

Will they really take someone to court for £35? They make enough money on the tax now!

They don't die, they just get faster!


stevieturbo

3593 Posts
Member #: 655
Post Whore

Northern Ireland




On 3rd Nov, 2014 Shauna said:
Will they really take someone to court for £35? They make enough money on the tax now!


And they can make even more from fines !

9.85 @ 145mph
202mph standing mile
speed didn't kill me, but taxation probably will


Brett

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9502 Posts
Member #: 1023
Post Whore

Doncaster, South Yorkshire

i scrapped a car 6 months ago with a local company, they took the car and whole v5, i thought this was a little dodgy at the time but put it out my mind,
now this has cropped up i dont recall receiving any conformation of transfer / sale / or scrapping either

Yes i moved to the darkside *happy*

Instagram @jdm_brett


evad1980

1142 Posts
Member #: 10165
Post Whore

Stansted, Essex

I have heard from a few people that they tend to drop it just before going to court as Tom has said above...


Tom Fenton
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Fearless Tom Fenton, Avon Park 2007 & 2008 class D winner

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TM legend.

Rotherham South Yorkshire

It's whether you have the spuds to find out!!!


On 29th Nov, 2016 madmk1 said:


On 28th Nov, 2016 Rob Gavin said:
I refuse to pay for anything else


Like fuel 😂😂


Shauna

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1043 Posts
Member #: 10424
Post Whore

Swansea boyo!

It took ages for my Mam to get anything back when she sold her clio which was going to be scrapped, it's not much woth a 1.2 but she lost a months worth of tax back on it because they took so long! I am only 5mins down the road, they could have given it to her personally!


On 3rd Nov, 2014 Brett said:
i scrapped a car 6 months ago with a local company, they took the car and whole v5, i thought this was a little dodgy at the time but put it out my mind,
now this has cropped up i dont recall receiving any conformation of transfer / sale / or scrapping either

Edited by Shauna on 3rd Nov, 2014.

They don't die, they just get faster!


redrat

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328 Posts
Member #: 9107
Senior Member

Devon

I had a letter from DVLA stating I had failed to update them when I sold a campervan months ago. Same thing they wanted £35.00 but fortunately I had received a letter from them saying thanks for telling us , you are no longer the registered keeper ! Normally I would bin such letters but thank fook I didn't tidy up and was able to find it . Needless to say I sent a fairly lengthy letter about how they need to check records before sending out fines !! Never heard anything back again . It really left me with a bitter view of DVLA .


evad1980

1142 Posts
Member #: 10165
Post Whore

Stansted, Essex

Ya they are fookers man.... One rule for themselves and another for the rest of us!

I'm interested to see what I get back from them, I've pretty much told them I won't be paying it.

Let's see how big my balls are lol...


D4VE

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2975 Posts
Member #: 10749
Post Whore

lowestoft suffolk

When i was a teen i sold a moped n some muddle up with the logbook ended up in a much bigger fine so be thankful its not more.. BUT id just say you received a notification of change n sit tight holding ya 'SPUDS' n see if they back out

On 24th Oct, 2015 jonny f said:
Nothing gets past Dave lol

NOTHING GETS PAST ME!! *tongue*

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Nick 91

6 Posts
Member #: 10037
Junior Member

Caterham

Just had the exact same letter through the post, think now they dont have to send out tax discs theyre looking for things to do.

Good to know they rarely take it further before I reply.


oli79

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1713 Posts
Member #: 8480
MS Paint flat cap champion & Morris Ital Lover

From Sheffield now live in York tha noz

This is of no help to you whatsoever but........THE RAT BASTARDS!

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I am feeling particularly BACish today.

On 5th Oct, 2014 Shauna said:
What that's crazy, you go commando hahaha! How heavy is your helmet *tongue*?

The Morris Ital assassin!


evad1980

1142 Posts
Member #: 10165
Post Whore

Stansted, Essex




On 3rd Nov, 2014 oli79 said:
This is of no help to you whatsoever but........THE RAT BASTARDS!


No not much... But fully agreed lol...


BENROSS

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9812 Posts
Member #: 332
Resident Cylinder Head Modifier

Mitsi Evo 7, 911, Cossie. & all the chavs ...... won no problem

yes i must agree oli ........ THE RAT BASTARDS !!!!! dont pay them a cracker IMO they will drop the case fuck them ............ all they are after is the cash!






PEP

327 Posts
Member #: 1145
Senior Member

North Wales

I like.mr.fentons comments. Id tell them where to go. £35 or not i wouldnt back.down. I promise you.now it will be a case of he said she said. They cant prove anything. Good luck.

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