DVLA - V5 Not Received Issues....

[P6UL K]

Hi all,

I came across this site via Google and have read a few threads regarding the DVLA and their attitudes to the 'Notification of Keeper Change - Not Received'

I'll try to be brief as my story is quite boring but is similar to the stories i have read so far...

I owned a motorbike which i sold on 6th July 2012, myself and the new owner filled out the V5 as you do when buying/selling a vehicle and i duly popped the main part of the V5 in the post and the new owner left with the motorbike and the green slip.

At some point after i received the confirmation letter of 'change of keeper' and pinned it to the fridge for safe keeping.

Now during this period of late 2012 i had found out i was going to become a Daddy for the first time, I'd lost my job and I was also having serious financial issues (the reason for selling the bike, i needed to raise a deposit for a flat I was going to have to rent), my property was repossessed around August/September time to which i moved in with a friend for a few weeks until my flat was ready to move into during September '12 and then in March this year (2013) i was declared Bankrupt. I changed all addresses with the people that wasn't involved in the Bankruptcy order - Bank, DVLA, Work, Household bills etc....

Now I'd not really given the motorbike a second thought to be honest, as far as i was concerned I'd sent the V5 off and that was that... I was preoccupied with life etc... I'd managed to get a job with a local supermarket in Jan'13 and moved house twice in under 3 months!! But i was finally getting settled, baby was born, got a job - Moving on with life until....

16th August '13 i received a letter from 'Marston - High Court Enforcement Officers & Certificated Bailiffs' saying that i owed £605.00!!! Well i nearly collapsed! I honest to god could not even think what this would of been for as all the letter detailed was a 'Client - HMCTS Kent', a 'Client Reference' and the amount i 'Owed'! The letter also stated that they were in possession of a court order!!?! So i rang Marston to see what this was all about and the operator told me its all over the DVLA not receiving my V5, the issue had been to court and they were ordered to collect the fine/costs etc... I was STUNNED!! I couldn't believe my ears!! I asked why i hadn't been notified about any of this and she said 'have you not been receiving the letters? They've been sent to 72 Knights Manor Way'. I explained that i hadn't lived at that address since September last year! To which she added 'Oh... Well that will be why you wasn't at court then!' At this point i was irrate, I said goodbye and put the phone down.

Now i know i received that 'Confirmation Letter' as i had it pinned to the fridge for weeks but after a few months it got binned as did a lot of things in preparation for my move. On 22nd August '13 i wrote to the DVLA asking for a duplicate as I'm damn well sure as the sun comes up everyday that i DID have one! But their reply was a generic 'Its in the hands of Medway Court now' And to be honest that's where i left it, I know its no excuse but i work 12-14hrs a day, i have my daughter on my 2 only days off a week and, well life is busy and i just forgot all about it, until today...

While at work today i must of had a bailiff come round to collect as there was a hand delivered letter on my door mat.

Sorry to go on, I'm hoping the background to my issue helps clear up why I'm at the point i am today.

I've not had the opportunity to contest ANYTHING due to circumstances surrounding all the above and then suddenly BANG i'm expected to stump up £605.00!!

Any help, advice would be dearly appreciated....

Thank you in advance for your time.

Paul.

[Hungry Hound]

Re: DVLA - V5 Not Received Issues....

Dear Paul. Sorry to hear about your personal situations, you have my warmest. OK, just a thought/i don't suppose for any remote chance you are able to get in contact with the guy who bought your bike ?? Do you ever see the bike about /can you track him down, i.e. phone records/records on your ebay, or well………. anything. if you can gets hold of him you can prove you filled the v5 , and went through the proper channels, as he will have logbook and the change of transfer date.
if you say you had a confirmation letter i would imagine that will be on record, and when someone does( if they do) looks into it , they will be aware of there mistake . You will have assorts of proof as to regards your change of address so no issue there as to you proving no idea of letters about attending court/letters about the whole issue . Stick to the facts.
1) you filled the v5 in , you sent it off, and you had acknowledgement.
2)you can prove you moved houses and no correspondence was in receipt to you as per the matter.
3)All matters pertaining to the issue, from dvla I.E, First letter telling you about it, 2nd letter reminding you , 3rd letter telling you about court. "blah blah" You not aware.
4Therefore you are guilty of nothing, you have no obligation to pay anything as you have done nothing wrong.
5)The fact that the initial issue is unfounded , and wrong ! Makes all the following , IE Fine, costs, and then bailiff cost , void.

NOW just to be clear on this , that is just my take on it I am not a qualified, and I'm not saying that this is law, it is just my common sense approach and I'm sure that there will be more replies to you who will ( be more Qualified ) to elaborate on my take and fine tune it."so to speak" Stick to your guns mate, tell the bailiff they are waisting there time as you will, and have no intentions to pay them a penny , as the Dvla had no right to bring the charge in the first place.

The whole thing seems to be all, an erroneous matter and when it is looked into it should be apparent that "that is the case"

Perhaps you should make a formal complaint to the Dvla, in writing , stating your case.

Wish you luck jim.

[P6UL K]

Re: DVLA - V5 Not Received Issues....

Hi Jim, thanks very much for taking the time to reply to me... I'm at work at the moment and answering on my phone but will reply in full when I get to my PC. Thankfully working for Asda/Walmart they have a 'Law Club' so I will also be following the matter up with them first thing Monday morning. Paul

[P6UL K]

Re: DVLA - V5 Not Received Issues....

Hi,

Apologies for the late reply - I spoke to Asda's Law Club and was advised to contact the court and make a Statutory Declaration, which i did on the 7th November where i had to stand in front of the judge and briefly describe the situation. Now after doing so i am really concerned as the judge said i could goto jail for purgery if I'm lying?!

I am really worried to the point i am loosing sleep over it and now regreting getting the ball re-rolling on this, in hindesight i wish i'd just paid the fine as its causing me much worry and stress....

Can anyone advise if i am able to cancel the court proceedings?

Thank you.

[wales01man]

Re: DVLA - V5 Not Received Issues....

Were you lying? NO Will you go to prison NO
Think judges say that to every one who swears an oath
Don't worry

[bluebottle]

Re: DVLA - V5 Not Received Issues....

Was this "judge" sitting on their own or were there two or three of them sitting?

When swearing any form of oath in a Magistrates Court, whether it be a Deposition or a Statutory Declaration, the person swearing will be warned about perjury. It is not the judge or JPs trying to act hard. It is an offence to make a false statement as to fact whilst under oath in a court of law. The judge or JP was simply doing their job. If you know that what you said before the judge or JP was true, then, to be honest, I would not lose any sleep over it. DVLA are well-known for securing false convictions and, when challenged, will admit they cannot prove a person did not send a V5C to DVLA at Swansea.

[Galahad]

Re: DVLA - V5 Not Received Issues....

Hi,

Apologies for the late reply - I spoke to Asda's Law Club and was advised to contact the court and make a Statutory Declaration, which i did on the 7th November where i had to stand in front of the judge and briefly describe the situation. Now after doing so i am really concerned as the judge said i could goto jail for purgery if I'm lying?!

I am really worried to the point i am loosing sleep over it and now regreting getting the ball re-rolling on this, in hindesight i wish i'd just paid the fine as its causing me much worry and stress....

Can anyone advise if i am able to cancel the court proceedings?

Thank you.

You stand up straight, look smart and be a man in short.

Its simply the Judge warning you that lying to him is not to be encouraged, and if its proved later that you lied, then obviously you go back before the judge and be penalised, normally with a custodial sentence.

However, theres nothing to worry about as you didn't commit any offence, and the DVLA are not about to start doing investigations after the fact, for them the cash cow (i.e. you) has been steered clear of the slaughterhouse and they'll swiftly move onto the next one.

You've done nothing wrong, you've nothing to fear whatsoever, and the perjury thing to to encourage those that would lie, to not lie.

I did a stat dec on a van about 8 years ago, someone got stopped in Swindon, Police took details, driver apparently knew me as he gave my details, I got letter through the post telling me to goto Court, I contacted the court to say I knew nothing about it and had at that point never owned an 03 plate van in my life, I was invited to an office, I signed the stat dec that I basically didn't know what it was about, was warned that if evidence came to light at a later date that contradicted by statement, then I could be committing perjury, and thats it, signed and never heard another word again.

Chin up, and do NOT simply pay the DVLA money they are not owed, thats why forums like Legal Beagles are here to stop you from doing so

[Gorang]

Re: DVLA - V5 Not Received Issues....

16th August '13 i received a letter from 'Marston - High Court Enforcement Officers & Certificated Bailiffs' saying that i owed £605.00!!! Well i nearly collapsed! I honest to god could not even think what this would of been for as all the letter detailed was a 'Client - HMCTS Kent', a 'Client Reference' and the amount i 'Owed'! The letter also stated that they were in possession of a court order!!?! So i rang Marston to see what this was all about and the operator told me its all over the DVLA not receiving my V5, the issue had been to court and they were ordered to collect the fine/costs etc

what exactly is the fine for do you know??

where i had to stand in front of the judge and briefly describe the situation. Now after doing so i am really concerned as the judge said i could goto jail for purgery if I'm lying?!

what else did the judge say to you
ie
what did he say about the case?????
Did the court tell you what the fine is actually for???
Has the judge ordered DVLA to investigate anything if it has to do with the V5 not being sent in????

Can anyone advise if i am able to cancel the court proceedings?

what court proceedings do you want to cancel??
I am assuming that you have to go back into court about this so
what are the court proceedings for exactly??
why do you need to go back into court????