DVLA saying I didn't return a logbook

[j4mes]

Hi guys

tomorrow I am going to my local court to complete a Statutory Declaration. This is because I appear to have been issued a fine for not returning the logbook (V5C) for an old vehicle, when I know I did. Somehow I actually had 2 logbooks for the vehicle, both from DVLA :tinysmile_aha_t: My address changed 9months ago so didn't get anything until this letter. Sold the car pretty much a year ago this month via eBay.
I've spoken to DVLA, issuing court and local court but I'm just wondering what tomorrow will entail and if it's worth writing to DVLA to challenge them directly about it, or if it'll all be dealt with in court? It's a £310 fine in the letter from the courts.

cheers in advance

[enquirer]

Re: DVLA saying I didn't return a logbook

Send them the SD and see what they say, but don't be suprised if it is to no avail - the DVLA is notorious for its greed and incompetence. If you have proof that you returned the V5, I would be tempted to then let it run and trash them in court.

[j4mes]

Re: DVLA saying I didn't return a logbook

No proof sadly. It was a year ago I sold the car.

[bizzybob]

Re: DVLA saying I didn't return a logbook

You coul;d swear a Stat Dec that you posted it on x date, and that the Interpretations Act deems it delivered after 3 days buy post.

It might be worth posting on Pepipoo also.

[j4mes]

Re: DVLA saying I didn't return a logbook

Done the Stat Dec this morning at the court.

I'd like to sort this out before it goes back to court. Does anyone have any suggestions of what I could send to the DVLA to nip the case in the bud before it goes back to court?

[wales01man]

Re: DVLA saying I didn't return a logbook

Would think the Stat Dec is the evidence if it stops there action well?

[bluebottle]

Re: DVLA saying I didn't return a logbook

The Stat Dec sets aside (cancels) the conviction. However, it does not prevent DVLA having another try. One thing DVLA often do is to try and obtain details of an alleged offenders' defence to DVLA's fatuous allegations. Strictly speaking, DVLA are in breach of the law in doing this. When told they cannot have details of an alleged offender's defence, they will drop the case a few days before a court hearing or, if they are brave enough to go to court, will drop the case outside the courtroom or not turn up at all, resulting in the case being dismissed and the taxpayer being landed with a Costs Order.

[j4mes]

Re: DVLA saying I didn't return a logbook

Just had a thought as I'm in the process of buying a car on finance- will I have a CCJ? My finance rating wasn't great a year ago but I now have a credit card while I couldn't get one then so things must have improved, yet the interest rate went up from an already high rate. Nothing on noddle showing up but doesn't mean it's not there on the others. Court have confirmed it's quashed today in writing.

[bluebottle]

Re: DVLA saying I didn't return a logbook

There are times when I genuinely feel sorry for court staff who have to sort out the unlawful and potentially illegal behaviour of DVLA and their dodgy cases. I am glad you have had your dodgy case quashed.

[ploddertom]

Re: DVLA saying I didn't return a logbook

Just had a thought as I'm in the process of buying a car on finance- will I have a CCJ? My finance rating wasn't great a year ago but I now have a credit card while I couldn't get one then so things must have improved, yet the interest rate went up from an already high rate. Nothing on noddle showing up but doesn't mean it's not there on the others. Court have confirmed it's quashed today in writing.

No CCJ, this would have been criminal - Magistrates Court - as opposed to civil - County Court.

[j4mes]

Re: DVLA saying I didn't return a logbook

Well I've had a letter from the DVLA through this morning starting the whole process again. £35 if paid by 16th May, £55 if paid by 23rs May, or court action again. Advice?

[bluebottle]

Re: DVLA saying I didn't return a logbook

Write back and tell the onanists at the DVLA who sent you the most recent letter that you will -

a. be defending any case they attempt to bring;
b. not be providing them with any details of your defence; and
c. be seeking costs against them.

You should also remind them that the onus of proof is on them, not you, and you require them to provide evidence to substantiate their allegations as they have failed to do so. Another thing you might wish to point out to them that, as a public authority, the DVLA is subject to the Human Rights Act 1998 and that you will enforce your rights under the Articles and Protocols of the Act.

Don't forget to remind them that DVLA has admitted, in Freedom of Information Act disclosures, to mislaying and losing correspondence at DVLA in Swansea. It will probably piss them off, but that's the whole idea.

[bizzybob]

Re: DVLA saying I didn't return a logbook

Tell the cretinous nomarks that as you posted it it would be deemed as delivered 3 days later by First class post, and that there is NO legal compulsion to contact DVLA as to whether it arrived, or was lost in their system, regurgitated, converted to peat and used to fuel the heating furnace. DVLA is akin to the Vogons in it's methods.

[wdarroch]

Re: DVLA saying I didn't return a logbook

Have a look at the 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.

Hope that helps.

[Sir Vere Brayne d'Emmidge]

Re: DVLA saying I didn't return a logbook

I was on the DVLA site yesterday to tax my car, to my dismay the website states that it was last updated on 17/12/2013.

There is no hope for hte peeps in Swansey