Dvla court summons - failure to notify change of ownership

[Cliospecialist]

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

Have sent them a letter back, will wait and see what they say and report back!
Cheers.

[Galahad]

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

Have sent them a letter back, will wait and see what they say and report back!
Cheers.

Sorry champ, been away, just seen your PM.

They are lying to you, last roll of the dice and all that. I see you've taken the further advice of someone else, and they are correct.

The very action of you posting that form in a certified Royal Mail Postbox is the absolute limit of your responsibility, you can't do further than that other than call every day asking "have you had it yet?", clearly that is not reasonable.

What will happen now is they won't reply until the day or so before a proposed Court date, and they will drop the case entirely.

[Cliospecialist]

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

Yeah, I've not heard back from them since before Xmas.
Was thinking I should phone up to make sure they got the letter! Lol

[TJB]

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

Hi All,
I need some help/advice please?

I've received a DVLA Requisition for failure to comply with insurance requirements.

I posted (without proof) my SORN application to the DVLA in plenty of time. I then received a 'Failure to Insure' letter asking for £100 penalty (£50 if paid early etc)

Bizarrely (2 days later), I then received the SORN Acknowledgement which was dated AFTER the date on the prior penalty letter (1 week exactly)

I had had sent this SORN application weeks before so can only think either a big delay at DVLA or delayed/lost in the postal system for a while?!!

I sent the DVLA a letter explaining this but was sent a letter back refusing my claim because the date on the SORN is a week later than the date with no insurance etc? They want me to pay the £100 penalty or face court. So I did nothing and here I am with the Requisition in front of me ��

I am not happy about this as you can imagine!

If I plead not guilty, do I have a leg to stand on?? Can any of you lovely people offer me some advice.

If you need any more information from me just ask.

Many thanks in advance brilliant people,

Tim

[Galahad]

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

Hi All,
I need some help/advice please?

I've received a DVLA Requisition for failure to comply with insurance requirements.

I posted (without proof) my SORN application to the DVLA in plenty of time. I then received a 'Failure to Insure' letter asking for £100 penalty (£50 if paid early etc)

Bizarrely (2 days later), I then received the SORN Acknowledgement which was dated AFTER the date on the prior penalty letter (1 week exactly)

I had had sent this SORN application weeks before so can only think either a big delay at DVLA or delayed/lost in the postal system for a while?!!

I sent the DVLA a letter explaining this but was sent a letter back refusing my claim because the date on the SORN is a week later than the date with no insurance etc? They want me to pay the £100 penalty or face court. So I did nothing and here I am with the Requisition in front of me ��

I am not happy about this as you can imagine!

If I plead not guilty, do I have a leg to stand on?? Can any of you lovely people offer me some advice.

If you need any more information from me just ask.

Many thanks in advance brilliant people,

Tim

Right, something smells fishy here, its the DVLA we're talking about, whats new!

If I understand you correctly, i'm going to make some dates up to explain this, because if what you're saying is true, they've stitched themselves up!

So, using my pretend dates:

On the 10th February you received the Failure to Insure letter. On the 12th February you received the SORN acknowledgement letter which was in fact dated 17th February.

Blatantly, if the above scenario is correct, they've retrospectively dated the SORN acknowledgement, technically on the date they sent it, it still wasn't active for a further 5 days.

So if this is the case, did you keep the franked envelope the letters all came in, because they are your proof when the letters were put in the system. So either way, you can claim that there is a mistake in the SORN acknowledgement letter, proving that DVLA makes mistakes, and that as they make mistakes, its probable and likely that your SORN application was processed by them later than it should have been.

So either way, the 'bizarrely' state of affairs is your get out of jail card if I understand you correctly.

[nemesis45]

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

I have a couple of DVLA envelopes here neither has a franking marker (prepaid post) just the gold bar strip.

nem

[wales01man]

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

When SORN notice is filled in is it not signed and dated by the sender? If so a copy of the form should be requested the DVLA keep the forms or I suspect scan all forms letters they receive.
This would be the best defence without recorded delivery info

[TJB]

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

Thanks for the replies!

on further inspection....

the SORN form only requests a date the vehicle is SORN'd from (ie not the date filled in)

The date they say the vehicle was not insured from is 19/08/14 whereas the date on the SORN acknowledgment is 26/08/14 (so one week later)

Should I fill in the requisition form with not guilty and send one of the mentioned letters with it mentioning that I sent the form in plenty of time to be processed before the date??

it seems a little petty (even by DVLA standards) for them to penalise me for one week?? I think they are trying to say I sent it in late!

what do you think? What are my chances?

many thanks!

[nemesis45]

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

If the vehicle was driven for one week without insurance would you still consider penalty to be petty?

nem

[TJB]

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

If the vehicle was driven for one week without insurance would you still consider penalty to be petty?

nem

I agree, but I honestly sent the SORN to them weeks before.
just don't know how to proceed with this so any guidance is welcomed.
Thanks!

[TJ3]

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

Hi, i have received requisition from DVLA stating i must appear at court for failure to notify of new keeper. i did send the V5 form off just over 6 months ago (13th July 2014) and haven't received/heard anything from them until now (20th Jan 2015). I have no proof i sent this letter. what do i do - plead guilty or not guilty? they say they sent me a letter asking to pay an out of court settlement, i have not received such letter and unsure of what i now must do. can someone help please.
thanks

[nemesis45]

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

The DVLA has a "catch all clause" in the forms which says if you have not had a response in 6 weeks following the sending of the V5 YOU must contact the DVLA otherwise a fine/court appearance may occur.

nem

[des8]

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

But that "catch all " clause does not make it a statutory requirement.
The posters legal responsibility is to post his form to DVLA. He is not required to check if they receive it.
Others will undoubtedly know better, but I believe an affidavit that the documents were posted puts the onus on DVLA to prove it is untrue

[nemesis45]

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

It seems the clause has impact on this scenario it has been used in some prosecutions I know.

nem

[des8]

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

See posts 4,6,9,18,........
Actually just read this thread and see how the DVLA threaten, but back down at the last minute.
Similar advice appears in other threads here and on Pepipoo and CAG
The bits that matter:
,The Road Vehicles (Registration and Licensing) Regulations 2002

“Change of keeper: registration document issued in Great Britain on or after 24th March 1997 and the new keeper not a vehicle trader
22. (2) The registered keeper of the vehicle -
(a) if the registration document issued in respect of the vehicle is in his possession, shall deliver to the new keeper that part of the document marked as the part which is to be given to the new keeper; and

(b) shall forthwith deliver the remainder of the registration document to the Secretary of State, duly completed to include the following -
(i) the name and address of the new keeper;

(ii) the date on which the vehicle was sold or transferred to the new keeper;

(iii) a declaration signed by the registered keeper that the details given in accordance with paragraph (i) are correct to the best of his knowledge and that the details given in accordance with paragraph (ii) are correct; and

(iv) a declaration signed by the new keeper that the details given in accordance with paragraphs (i) and (ii) are correct.”


Interpretation Act 1978

7 References to service by post

“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.”