Dvla court summons - failure to notify change of ownership

[spirit2534]

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.

For anyone who struggles with short term memory problems using the phone, either answering it or replying to calls of non-personal nature is OUT.

If correspondence is in writing you have

1. A record of the conversation
2. Able to get advice before reply; a record of your reply.

Many companies might not like this approach but it is common-sense.

[TJ3]

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

For anyone who struggles with short term memory problems using the phone, either answering it or replying to calls of non-personal nature is OUT.

If correspondence is in writing you have

1. A record of the conversation
2. Able to get advice before reply; a record of your reply.

Many companies might not like this approach but it is common-sense.

.......Morning, unfortunately i have missed this chance to send the letter as i have only come across this forum this weekend - my court case is today?!?!?

I see it this way now I've read your letter - I fulfilled my legal duties in surrendering the V5 form as i paid for a first class stamp and posted with royal mail. by doing this i have fulfilled my responsibility to notify DVLA as required by statute law.

Ok, they said they sent me a letter back in September.. i have not received this letter, if i had we wouldn't be where we are right now because i would have acted on that letter and contacted DVLA .

my case is at 10am this morning at nottingham magistrates court - however the letter does state REQUISITION.

I have no evidence what so ever, but the more i think about it they have to prove this right..... how the hell can they prove i didn't post the V5 form.

I fully well no i posted it as when i posted it i was with my wife and we both said THANK **** FOR THAT once i posted into the post box - the reason we said this is because we had so many issues with this car from the garage we got it from, and it was the same garage that had the car back.

tj3

[Scotia15]

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

Hi All

Just thought I would add this new information from the DVLA on being challenged on a LLP issue around The Interpretation Act 1978. I have added this to other posts and started a thread to make it stand out.

They claim that I have merely been deemed to have sent the letter not have it delivered to them under the Act and as they did not get the information to change the reg keeper then I have failed to notify them. They also state the following in their letter.

" It was stated in the case pf Petit v Mitchell 1842 that 'as soon as an article is put into the hands of a party that is a delivery to him'. Petit v Mitchell (1842) 4 MAN & G 819 at 841, per Maule J Taken from WORDS AND PHRASES legally defined, 3rd edition Volume 2 D-J published by Butterworths. In other words delivery is not effected until the item is in the hands of the recipient as opposed to merely sending it to him and relying on normal service of documents'

If that is the case then as they do not send any correspondence by recorded delivery then how can they prove they issued anything either, unless people reply.

[MIKE770]

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

Use to be all needed to be said that the "DVLA Swansea being an Agency of the Secretary of State for Transport," posting to same is all that is needed?

[boxerboy746]

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

Hope you can all help, this is what has happened today.

Quick back ground for you 1st. I was in in the Army for 10 years and left on 16th December 2013.

Right then I will make a start.

Today I got a phone call from a provost Sergeant from my last posting stating he had just had the baylifts on barracks requesting me and that I have a debit that needs paying. He said he left him a letter addressed to me, I told him to open it.

It stated that I owe £620 to the magistrates court and a phone number was supplied for the baylift who left this later.

I rang him and I was told it was for not informing the dvla of change of keeper on a vehicle which I sold 1 month before I was discharged from the armed forces.

Now the log book was in no doubt sent to the dvla and obviously this fine from the courts I am only finding out about today.

My predicament is this,

I sold the car November 2013 I was then discharged from the army in December 2013 how ever I was still living in forces housing until February 2014 to at this point I had not been tnotified or aware of the dvla not receiving the v5c.

It is now April 2015 and the only reason I have found out about this is because the army still have my details and they contacted me about the baylift.

Now I have been made aware I'm going to have to phone the courts tomorrow but have no idea what to expect and also I am very irate about a £620 fine.

The Dvla was informed when I moved as all my cars and licences were changed so why was I not made aware and apparently all the notices were sent to my old address which was on a Army barracks.

Please where do I stand and how should I go about this. Thanks