Dvla court summons - failure to notify change of ownership

[blue1]

I had a motorcycle, I took it to a bike shop to sell for me, (they are a good company) I signed the V5C and unbeknown to me it was sold near enough straight away. A couple of months later I got a letter from DVLA telling me I was in trouble for not notifying them of change of ownership. Well for them to contact me meant that ''they '' had been notified? I just didnt post anything myself and left the shop to! I went to the shop, they paid me, for the sale and said the completed V5C was sent in with the new owners details. They said they would send a letter to the DVLA to confirm this. The vehicle still had several months tax on and was insured.

A couple more months passed then out of the blue I get a summons letter for not notifying them of change of ownership.

I do not want to go to court, the vehicle was taken by the shop I signed the V5C, for them to sell it on my behalf. They have notified DVLA that they took the bike from me but DVLA have not acknowledged this.

Do I plead guilty with mitigating circumstances.

or Not Guilty and get the company to act as my witness - could they go on my behalf?

Thank you

[Magrew]

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

Unfortunately I don't think you have a leg to stand on from my own experience.

I did something very similar, I left a car with a garage after it died while I was on holiday and it was going to cost me more to get it home or to have it repaired than made economic sense. I left it with the garage while I was deciding what to do, in the meantime someone offered a small some of money to take it as a spares or repairs vehicle. The garage could not give me their details over the phine so I sent the V5 up trusting them to fill it in and send it off. They didn't, I got collared for it and had to stump up a fine.

I don't think I had to attend court however, I just had to take it on the chin, send in a cheque and move on. I did explain my circumstances but that did not remove my responsibility to notify. Quite simply, in the eyes of the law, I was in the wrong. Harsh but technically correct.

Can you not simply pay a cheque and avoid the court nonsense?

[blue1]

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

The shop clearly posted the V5C else how would DVLA know there was a change of ownership, they would not know who physically posted it of course. The shop have even written to dVLA to say it was posted hence them contacting me!! yes I could pay but then why ? they were notified!!

[miliitant]

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

simple response

if you can get a letter from the shop to state they sent the V5 to DVLA then seion 7 interpretations act comes into play

According to the Interpretation Act S.7 this is presumed to be delivered two business days later unless they can show otherwise.

DVLA will argue that you are required to contact them if you do not receive the acknowledgement but will not be able to produce any statute that their "rules" trump the Interpretation Act.

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, to have been effected at the time at which the letter would be delivered in the ordinary course of post.

DO YOU HAVE A SUMMONS OR A REQUISITION TO ATTEND THE MAGISTRATES COURT

[blue1]

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

It is a Requisition -
The shop sent a letter in May to the DVLA stating that they posted the V5C that I had signed with the new keepers details on - it is their practice not to inform us (the seller) of the new keepers details and quite rightly so! as any comeback with the machine is dealt with them and not me. The DVLA enver responded to teh shop, but clearly they know the new keeper details.
So do I have to attend or can I send a letter in along with a letter/copy of from the shop.
Thank you

[miliitant]

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

I HAD ONE OF THESE REQUISITIONS AND THIS IS WHAT YOU DO

send back the requisition to DVLA and state on it you will be defending all of the claim

a few days before the court date DVLA will phone you to DISCUSS your defence

just state section 7 interpretations act and DVLA will withdraw as a rule, they did with me

if they dont come back to your thread and i will give you my defence that i used,

[Magrew]

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

The difference between you and I is that in your case you appear to have proof that notification was sent, I didn't. My notification simplay wasn't sent. If your proof is credible you may have an argument. I still am comncerned though becasue the onus to notify was on you and I am not sure that they will accept transfer of that responsibility to another.

In my case they also got notice from the new owner, but the fact was that I had not fulfilled my statutory obligations regardless.

[blue1]

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

So can I send the form back pleading Not Guilty ? they do not have my phone number

[miliitant]

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

the onus is on the registered keeper to inform DVLA

their is not however any statutory obligation to contact DVLA if no response is received after 4 weeks. thats a trick DVLA try and use

their is no statutory obligation to use recorded post so the interpretatiuons act stands

it is down to DVLA to show proof that you/shop did not send it, not that they did not receive the V5

IF YOU HAVE A LETTER FROM THE SHOP THAT THEY SENT IT, THAT IS ALL YOU NEED

i believe the dealer has an obligation to inform DVLA

was their not a gripe a few years ago about the dealers name having to go on the new V5 until the vehicle was sold, that deflating the value of the vehicle

all a dealer has to do now is inform DVLA that they have the vehicle off road.
unsure on that one though

[miliitant]

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

So can I send the form back pleading Not Guilty ? they do not have my phone number

i believe it is on the requistion the request for your phone number

[miliitant]

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

HAVE A NOSE

http://www.legalbeagles.info/forums/...ght=requistion

SEND MY LETTER IN POST 18 WITH THE REQUISITION BACK TO DVLA

[blue1]

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

great links!! - can I tell them to contact the shop or give the shop authority to act on my behalf when I send a Not Guilty Plea? or should I plead guilty with mitigation?

[miliitant]

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

ask the shop for a letter and send it with my letter and the requisition back to dvla

[blue1]

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

The shop have been to court before with DVLA over something similar against them, and happy to act on my behalf if they are able to ....or do they have to be a solicitor?

[blue1]

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

Thank you, this is really helpful and will be good for many others!! yes we have a duty but DVLA are splitting hairs here! what next, and what a waste of postage on their part sending so many letters out, and worse still all the manhours - no wonder tax is so high!