Dvla court summons - failure to notify change of ownership

[AndyAndroid]

Re: Dvla court summons - failure to notify change of ownership

I'm having the same issues with the DVLA - is it ok for me to post my experiences here together with some questions or should I start another thread.

[Slumpy]

Re: Dvla court summons - failure to notify change of ownership

Did you read what I wrote? I don't recall mentioning phoning them which would be an utter massive waste of time.

So, go back and read my post, copy the bold part, and send them that sternly worded letter. You're a Tiger, you're not going to take any crap from the likes of the DVLA who are oven ready chickens in comparison

Do you get the analogy? You're a hungry Tiger, and you're going to feast on the corpses of the DVLA. They don't have anything like as much power as they think.

So, copy and paste my sternly bolded letter, making sure you edit the parts that are pertinent to you, don't waste your time calling them because it will achieve nothing.

Remember, you've done nothing wrong, so straight back, chin up, have a bit of swagger about yourself, and take control

You'll feel much better and the stress will just slip away Yes you might have medical problems, but for the love of Cheryl Cole, don't tell them that, or they'll see you as a pushover that can be steamrollered over.

Seize the day, own the moment, write with a stern lick, they don't need to know any different.

Well I've replied saying I want there witness present and I asked for the hearing to be held at my local court as I have had an operation. I left my number on the form so they can contact me but as yet I have heard nothing from them looks like I'll have to go to Bradford after all. I now need to put a defense together for the day!!

[AndyAndroid]

Re: Dvla court summons - failure to notify change of ownership

I'm having similar problems with the DVLA having misplaced my V5 form at the time I sold my previous car. I was initially contacted by the DVLA Central Casework Group and telephoned them on their geographical number. I explained the situation and said that I would send the V5 & completed V5C form back to them immediately.

I duly completed the V5C form and returned this together with the V5 form and licence refund application in the same envelope to the DVLA. Then I get the 'Failure to Notify' letter so I again telephoned the central casework group who deny all knowledge of receiving the V5C & V5 forms yet they acknowledged the receipt of the licence refund form.

I was quite irate with them and duly completed the dispute part of the letter and sent that back requesting acknowledgement from them that they had received it. I also completed a complaint form and submitted that online, keeping copies of everything.

I have requested financial compensation from them for their thretening letter and am giving serious consideration to taking them to the small claims court for compensation for the trouble and anxiety they have caused me.

Can anyone tell me is there is a notification time limit in the statutory documents that cover the notification of ownership change?

[wales01man]

Re: Dvla court summons - failure to notify change of ownership

Hardly likely a case for compensation for a threatnen letter would succeed if it did a lot of us on here would be rich from claiming of DCAs .

You stated you misplaced the document you could have applied for a replacement I will not defend the DVLA but there are clear rules and procedures we and them can follow

[AndyAndroid]

Re: Dvla court summons - failure to notify change of ownership

I couldn't find the V5 form when I sold the car but found it 2 days later but the dealer said that they would sort it out, thats why it wasn't sent immediately. The compensation is tied up with their loss/misplacement of the V5 & completed V5C form.

I'm just checking whether there is a timelimit on when the notification should be made to the DVLA about change of ownership.

[AndyAndroid]

Re: Dvla court summons - failure to notify change of ownership

I've just looked through the 2002 Regulations relating to the notififying of change of ownership and cannot find any mention of a timeframe (except for the dealer where 3 months is mentioned) when the previous owner should notify the DVLA. Does anyone know if there is a timeframe and where this is actually noted in the associated Regulations?

[AndyAndroid]

Re: Dvla court summons - failure to notify change of ownership

I've just looked through the 2002 Regulations relating to the notififying of change of ownership and cannot find any mention of a timeframe (except for the dealer where 3 months is mentioned) when the previous owner should notify the DVLA. Does anyone know if there is a timeframe and where this is actually noted in the associated Regulations?

On second reading it says Forthwith ( which I believe is immediately or as soon as possible).

[Cliospecialist]

Re: Dvla court summons - failure to notify change of ownership

Pay nothing.

Are you sure you sent it? Lets clarify, you're 100% confident you sent it, and that as they say is that.

DVLA like to pretend that there is a clause that requires YOU to check to make sure they have received the logbook........ Psssst..... there is no such clause.

As far as the law is concerned, so long as you put in the correctly filled logbook in the correctly addressed envelope with the required postage to cover its postal costs and inserted said envelope into a Royal Mail Postbox....... THAT... is all that you are required to do.

So, don't acknowledge the fine, but do write a sternly worded letter back with their reference number etc on it along the lines of:



Dear Sir/Madam,

thank you for your letter dated X with reference to vehicle XXXXXX and YOUR claim of 'Failure to notify'.

I must draw your attention to the following, which you appear to be willfully ignorant of:

"Section 7 Interpretations act 1978 (IA78)

Where an Act authorises or requires any document to be served by post (whether the expression "serve" or the expression" give " or " send " or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, "

I have complied with all aspects of Section 7 Interpretations Act 1978, and as such, there is no law that requires me to make any kind of 'follow up' inquiries with DVLA as to the progress of the administration of the V5/logbook that was sent into your care, and as you cannot prove contrary, I now consider this matter CLOSED.

I require expedient confirmation of such by return post.

Yours Sincerely

Mr.Blah Blah

Hi Galahad,
I used your template and sent the letter to the Dvla after receiving an offer to settle out of court for a supposed failure to notify, but they are not giving in.
The response from them this time says:
Your comments regarding the IA1978 are noted. However, when there is a duty to deliver documents there is an onus on the customer to ensure that we receive the item.
Although the system of acknowledgement letters is not in legislation, it has been designed to remove any uncertainty that may be experienced by either the sender or intended recipient as to whether a notification of disposal or SORN has actually been sent or indeed received.

Any advice?


Regards,
CS.

[wales01man]

Re: Dvla court summons - failure to notify change of ownership

Jokers! lets all change the rules when we want to

[AndyAndroid]

Re: Dvla court summons - failure to notify change of ownership

The case against me has been dropped and I have had an apology from the DVLA for loosing the documents that I sent. I'm still waiting for my tax refund but I have a contact person to get intouch with if the refund doesn't arrive.

[Cliospecialist]

Re: Dvla court summons - failure to notify change of ownership

Can anyone offer me some advice?
Thanks.

[des8]

Re: Dvla court summons - failure to notify change of ownership

OK Cliospecialistmashappy:
The DVLA are telling porkies.
The Interpretation Act only requires you post....... the onus is on them to show you did not.
The word delivery is covered by the act in that it is a synonym for send.
Do they really expect everyone sending documents to Swansea to travel there and hand them over the desk.
The onus is on them, and they know it
Additionally I believe (and will have to check this) that the Universal Postal Union (of which Britain is a signatory) makes it clear that post becomes the property of the recipient as soon as it is given to the Royal Mail (just checked and I was WRONG .. sorrymasroll
Here's a quote from another forum you might like to check out:
the law states that you are required to 'deliver to the secretary of state for transport' which in the case of Secretary of State for Transport V James Collins case Number 8BR07630 held 26/10/09 at Clerkenwell Magistrates Court District Judge Armon-Jones ruled that to deliver to the Secretary of state you would have to hand deliver the notice to the Secretary of State for transport and that as DVLA wanted it sent to them and the Secretary of State for Transport would be unlikely to want to receive several thousand notices of one kind or another personally every day that sending them to DVLA in accordance with the Interpretations act was acceptable, in fact he called the whole thing a nonsense.

[Cliospecialist]

Re: Dvla court summons - failure to notify change of ownership

Should I just ignore the demands safe in the knowledge that they won't actually take me to court?!
The settlement figure is only £35 but it's the principle of the matter.

CS.

[MIKE770]

Re: Dvla court summons - failure to notify change of ownership

DVLA being an agency of Secretary of state (what a state) for Transport

[des8]

Re: Dvla court summons - failure to notify change of ownership

See posts 30 & 54 of this thread.
You might also find the following thread of help:
http://www.legalbeagles.info/forums/...lure+to+notify

I would write back briefly denying their allegation (no details of your defence) and tell them that if they intend to proceed to court you expect they will supply you with their evidence in full.
Or you could pay up to avoid the hassle.
The choice is yours.