Dvla court summons - failure to notify change of ownership

[miliitant]

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

you can call them as a witness which is even better on the day of the court hearing but as a rule, as soon as DVLA get my template letter, they will withdraw anyway so the shop will not be needed

stop worrying please, i have been through this myself and know what you are going through

just send my letter to begin with, it will then end

[Nikolai]

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

As I understand it you signed the V5 and the shop sent it off to DVLA. There's no problem with that, you're not guilty. Send the letter as Militant suggests, return the form that came with the Requisition with the letter, making sure you complete the form indicating a not guilty plea. Your defence is that you did notify change of keeper, and if necessary you can get the shop manager to be a witness. Make as if you're preparing to go to court and fight them. They won't want to get involved in a contested trial, especially as they will realise when reading your form and letter that they're on a sticky wicket.

[bluebottle]

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

DVLA have been caught doing this on previous occasions, i.e. trying to get hold of details of motorists' defences to their "requisitions". One was caught doing this at a magistrates court, the defendant told the judge hearing the case and DVLA's case was dismissed with costs in favour of the defendant.

In cases going before a court of summary jurisdiction, the defendant is under no obligation to disclose details of their defence to the prosecution. The prosecution, however, is obliged to provide details of their evidence. DVLA need to be reminded of this and warned their actions will be brought to the attention of the court.

[blue1]

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

Well, well, well!! interesting - I sent the letters in, my not guilty plea, a letter from the shop, and the Militant template and have just had a reply :- the are adjourning the case for a month but have offered me the original fine option? - ok I could pay the fine and save everyone's time and effort but this is so wrong!

[labman]

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

When this happened to me, as soon as the very first letter came, I wrote back to the DVLA stating the date on which I had part ex'd the vehicle, the name of the garage and the address and phone number thereof. I didn't hear anything at all from them again.

I haven't read Militant's links, but I wonder if getting a Statutory Declaration may be a good idea.

[miliitant]

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

Well, well, well!! interesting - I sent the letters in, my not guilty plea, a letter from the shop, and the Militant template and have just had a reply :- the are adjourning the case for a month but have offered me the original fine option? - ok I could pay the fine and save everyone's time and effort but this is so wrong!

why do you think the adjourned the hearing for a month

it is because you put a defence inn

DVLA cant afford to have case law go against them, if i were in your position i would be saying

see you in court, but thats me as i have allready had dvla HIT THE DUG OUT WHEN THEY WENT AFTER ME.

IT IS NOT A FINE EITHER, ONLY A COURT CAN ISSUE A FINE

YOU HAVE DONE NOTHING WRONG AT THE END OF THE DAY

but its your choice

[blue1]

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

Yes I could pay the original charge this option offers and save a lot of time and effort for a lot of people but that is admitting I did something wrong and I didn't, if justice prevails then the DVLA will have red faces surely? Can I claim expenses for the shop at least if they attend and would it need to be a director or can the salesman attend with authority from the company director?

[miliitant]

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

I VERY MUCH DOUBT THIS WILL EVEN GET TO COURT

they will prob call you a few days before the next hearing and withdraw

dvla will pull out as a rule but if they do not, yes, put in a schedule of costs for the day

any body can give evidence as it will be on oath

[bluebottle]

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

Agree, Miliitant. DVLA's usual MO when confronted with a motorist refusing to give them details of their defence or challenging them to a day in court is to drop the case or not turn up at the court, thereby causing the motorist unnecessary expense and inconvenience. DJs and DDJs at magistrates court do not take kindly to this sort of behaviour.

[blue1]

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

The letter states that I indicated that the vehicle and documents were left with the shop to sell on my behalf. They make the point that upon disposing of a vehicle the registered keeper must notify the DVLA of the new keeper details on the relevant part of the Reg Doc V5 or Reg Cert V5C. It should not be left to a third party to do this i.e. New Keeper, Motordealer, garage, auction house, scrap dealer....etc etc Failure to make this notification is an offence.
The fact is I signed the V5C - I knew the shop would post it and they did with the new keepers details completed. The shop points out that in effect the DVLA are suggesting that we are all commiting crimes for allowing third parties to physically put a letter in a letterbox on our behalf. Does this mean that every document that is posted to the DVLA by a third party ie, a family member, a carer for a disabled person, someone overseas at the time etc etc are all committing offences? even if it was sent special delivery had the shop dont this on my behalf and and it was received (or not) by the DVLA should they have accepted it if the senders details were the shops.
Out of interest the shop are contacting the new keeper to find out what date his new V5C was issued.

[blue1]

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

Does it also mean that every motor dealer in the country when taking a vehicle in has to call the former keeper in to collect a letter and cross the road to put it in a letter box?

[bluebottle]

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

I would be inclined to challenge the DVLA to produce evidence of legislation that they are relying on and applicable case law.

If when you left the motorcycle with the shop to sell on your behalf, at that point in time you had not transferred ownership to another person or to the shop. However, once the shop notified you that they had sold the vehicle, then DVLA would need to be notified. There is nothing in legislation that states it must be the registered owner/keeper that posts the envelope containing the relevant part of the V5C to DVLA.

It sounds very much to me that DVLA know they are skating on wafer-thin ice legally. They are also known for and, when served with FOIA requests, have admitted to losing or mislaying correspondence at DVLA.

[blue1]

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

This has really been interesting, no one likes to be bullied,
So prior to this new date I can write to the DVLA and ask them to produce the evidence and applicable case law they will be relying upon in court? or will they save it for the day and have a team of barristers defending them?

[Guest]

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

I would be inclined to challenge the DVLA to produce evidence of legislation that they are relying on and applicable case law.

If when you left the motorcycle with the shop to sell on your behalf, at that point in time you had not transferred ownership to another person or to the shop. However, once the shop notified you that they had sold the vehicle, then DVLA would need to be notified. There is nothing in legislation that states it must be the registered owner/keeper that posts the envelope containing the relevant part of the V5C to DVLA.

It sounds very much to me that DVLA know they are skating on wafer-thin ice legally. They are also known for and, when served with FOIA requests, have admitted to losing or mislaying correspondence at DVLA.

posted on wrong thread

D

[bluebottle]

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

This has really been interesting, no one likes to be bullied,
So prior to this new date I can write to the DVLA and ask them to produce the evidence and applicable case law they will be relying upon in court? or will they save it for the day and have a team of barristers defending them?

DVLA are obliged to provide you with that evidence at least one week prior to the date of any court hearing. If they do not, they have not followed correct procedures and risk having the case dismissed or any evidence they rely on being ruled inadmissible. They are also not permitted to ask for details of your defence or ask to discuss your defence with you. I do not know of any case where DVLA have been represented by barristers at a magistrates court. It is usually one "prosecutor" who throws a strop when a motorist tells them to take a hike when they try to get access to the motorist's defence.