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DVLA sent me a notice of failure to notify disposal of vehicle that said " I have been told that you were no longer the keeper of the aobve vehicle on... You have not notified us of the disposal of this vehicle which is an offence. To stop us taking you to court you must pay an out of court settlement of £55." This was following an accident when vehicle was written off having been taken away by a recovery firm and handed over to insurance company. I didn't have anyone to sign the V5 as new owner and did not know the date so I didn't feel I could send it in with out this. I attempted to dispute the need to pay this seemingly arbitary "out of court settlement" on the reverse of the notice, provided details of the Insurance Company but made the mistake of including an appology for the delay in notification.
After two exhanges of letters in which they maintained that I had not notified them and rejected my mitigation.
DVLA enclosed a copy of their computer record for my old vehicle and a copy of the letter they sent me with the "Statement" I provided - presumably this will be their evidence . I feel as if I have been tricked into giving evidence.
Also, Form B states if you require any further advice you may consuly the Clerk to the Justices whose address is shown on the Form A. There is no reference to Clerk to the Justices on the Form A - only details of DVLA SWANSEA Enforcement Centre. The paperwork seems a bit half-baked.
I have attempted to speak to DVLA on many occasions about this but it is impossible to speak to anyone in enforcement section unless you want to pay what they are calling fines. They insist on all communication being in writing.
Has any one challenged the legality of these demands for OutofCourt Settlements for what is IMO a relatively minor transgression compared to other things that come up in magistrates courts? It looks to me like it is a money making exercise.
The criteria as I understand having read the regulations it its that notification of a change of keeper must be delivered "forthwith". However, in practice this is not matched by the language on the V5c which does not indicate immediatecy or the fact that timeliness might be important. Whilst ignorance is no defense surely DVLA have a responsibility to make the criteria clear and the fact that timeliness of notification is more important than completeness - which is what I was trying to achieve.
I plan to attend court but am in two minds whether I need to ask their witnesses to attend to enable me to make a defence. There are apparently 600 similar cases coming up - no wonder the magistrates court telephone llne has been unobtainable for much of the day
I can't claim that the V5 must have got lost in the post because that's not what happened! So does anyone have advice on how to defend myself when it comes to it? If I get a chance to speak to the proscecutor will I be able to negotiate?
TIA
J
After two exhanges of letters in which they maintained that I had not notified them and rejected my mitigation.
DVLA enclosed a copy of their computer record for my old vehicle and a copy of the letter they sent me with the "Statement" I provided - presumably this will be their evidence . I feel as if I have been tricked into giving evidence.
Also, Form B states if you require any further advice you may consuly the Clerk to the Justices whose address is shown on the Form A. There is no reference to Clerk to the Justices on the Form A - only details of DVLA SWANSEA Enforcement Centre. The paperwork seems a bit half-baked.
I have attempted to speak to DVLA on many occasions about this but it is impossible to speak to anyone in enforcement section unless you want to pay what they are calling fines. They insist on all communication being in writing.
Has any one challenged the legality of these demands for OutofCourt Settlements for what is IMO a relatively minor transgression compared to other things that come up in magistrates courts? It looks to me like it is a money making exercise.
The criteria as I understand having read the regulations it its that notification of a change of keeper must be delivered "forthwith". However, in practice this is not matched by the language on the V5c which does not indicate immediatecy or the fact that timeliness might be important. Whilst ignorance is no defense surely DVLA have a responsibility to make the criteria clear and the fact that timeliness of notification is more important than completeness - which is what I was trying to achieve.
I plan to attend court but am in two minds whether I need to ask their witnesses to attend to enable me to make a defence. There are apparently 600 similar cases coming up - no wonder the magistrates court telephone llne has been unobtainable for much of the day
I can't claim that the V5 must have got lost in the post because that's not what happened! So does anyone have advice on how to defend myself when it comes to it? If I get a chance to speak to the proscecutor will I be able to negotiate?
TIA
J
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