Swansea

Well, got a reply from Philips. Was exactly the same letter as the first one I got. Nice to see that they've looked at my letter on an individual basis and spent their time sending me the pre typed letter. Muppets lol. Ive made it clear to them in the first letter that Im only dealing with DVLA so I aint gonna waste my time and paper writing back to them. As for DVLA, also got a reply, to the letter I sent back in october explaining that I didnt have the vehicle anymore, it was the acknowledgment letter but nothing regarding my query and challenge of their penalty. And again, even after 2 twice telling them I have changed address, they have sent it to my old address. Yet some more ammo for my evidence to their imcompetance. As for the acknowledgement letter they've sent, there is no date as to when the vehicle was sold, no date stating when the RK changed or anything, just the date of the letter when it was sent. I wonder if I could us that as proof to philips that I no longer own the vehicle.

Every so often over the past couple of years Ive have been contacted by various companies about why I have not been responding to their letters sent to me. Obviously Ive been arguing till im blue in the face that I havent receieved any letters from the company. Sometimes I have incurred various charges and costs due to not responding to the letters. Only till today have I realised that post has been going to completely wrong address. The other address is same as mine, same door number, same street name, in the same town but different area and has a significantly noticable different post code. The only reason I have found out is that a family member through pure coincidence has moved into that address with the same door number & street. If that hadnt have happened I would have never known it was going to the worng place for over 3 years. Just proves the total lack of care from the people we trust to deiliver all our personal daily business.

Seems like the same old story over and over again. I sold my motorbike to my brother in April 2008, I get a LLP letter from DVLA in Oct 2009 stating it wasnt SORN'd. Told them when and who I sold it to. And in Dec 2009 I get a Philips Collection Service letter with the usual on it. In no way am I paying the £80 penalty for their mistake. Bless em' ... theyve got to fund their christmas parties somehow (disclaimer:- In no way am I suggesting that the £80 penalties are being used to fund xmas parties within the DVLA, this is to avoid any legal action being taken against myself for any kind of slander, besides ... i doubt youd have chiristmas parties anyway, scrooge never did enjoy christmas & youd probably mess up the arrangements and charge you staff for the priviledge of the mistake).

just google it and click the top link. Should take you to the relevent location within the Office of Public Sector Information website. Scroll down and click on 'References to services by post'.

Have a look at the Interpretations Act 1978 Section 7. Should clarify the legality behind sending documents through the post.

What angers me the most is that its their mistake, and for the privilege of their mistake, I get to pay an £80 penalty. Are there any court cases where defendants have attended at court and lost to the DVLA?

Cheers Hungrybear, Thanks for posting your letter too. Without it, a lot of people would be pulling their hair out. At first when I got the letter I was extremely wooried about what the DVLA would do to me if I didnt pay this, even though it isn't my fault. After reading the posts on this forum and the letter you posted it made me feel so much easier, to the point that I hope they do take me to court. I'd love to screw these crooks over in court and prove just how inept and unproffesional they are. They can threaten legal action all they want, Ive given evidence lots of times in court and its something that does not scare me. The only thing that does bother me, something that I dont think has been clarified in depth on this thread, is whether they can clamp my current vehicle (even though it is suitably taxed).

Hi all, new to the forum due to the lovely DVLA wanting to fund the fat cats xmas party courtesy of me and thousands of other people. I sold a motorbike to my brother back in april 2008. Didnt hear anything from them. No Tax reminders, no sorn reminders, zilch from them. 2 months ago, got a Late licencing letter from DVLA asking to pay the 40-80. Refused and told them i no longer had it, and now I get the lovely philips letter. Having read the forum, I have noticed one major thing. We send our personal information (name & address, on a official government document (V5C), and said document goes missing after being posted. This is a huge breach of data protection. Why are they not safeguarding our information. Why is it lots and lots of peoples information is just going walkies, and they then have the cheek to ask us for some money after theyve lost our information. Muppets. Anyway thats my rant over. But heres the letter I have wrote to them, its a morph of a few letters i have seen on here. Please let me know, and I will post the reply from DVLA. Heres the letter: I write with reference to your letter dated 2nd December 2009. (copy attached). Firstly, you have again failed to send the letter to the correct address. Please update your details with the address I notified you of in the letter dated 26th October 2009. I refute the allegation that DVLA are making, namely that the department were not notified that I was no longer the keeper of the vehicle. I completed all necessary sections and posted the documents to the correct address. I posted the V5C in April 2008, unfortunately I do not know the exact date as it was stated on the documentation that I sent which appears you have lost. The postal service using section 10 of the V5C is the only method of notification of change of keeper that DVLA recognise. And I refer you to the Interpretations Act 1978 Section 7 if your require clarification on this. There is no requirement in law for me to have received an acknowledgment from DVLA for the notice of new keeper to be legally correct. Neither is there a requirement in law for me to make enquiries after 4 weeks for an acknowledgment from the DVLA. In view of this, I have fulfilled my legal obligation to notify you regarding the change of keeper. I will not be paying the £80 penalty. More importantly, I expect a thorough investigation into this matter, as personal information (namely the V5C document) has been misplaced by you and poses a security risk to myself. This is contrary to the Data Protection Act 1998 Schedule 1 Part 1 (7). To Philips Collection Services Ltd, please liaise with the relevant department within the DVLA. Yours sincerely