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insanekitty

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  1. Hi Tony Thanks for the reply. The V5C was sent off 2 weeks before the tax was due so the vehicle was then and still is in the hands of the dealer - untaxed! If they want to take me to court then I am willing to go and will defend myself with the Interpretations act as I duly sent off the V5C as I have done on numerous occasions before. Thanks Steve
  2. Just to make everyone aware that this is a Late Licensing Penalty and not continuous registration, thanks Steve
  3. OK had a response and I shall type in the relevant passages; Thank you for your correspondence received 11/01/2012 regarding enforcement action initiated against you in respect of motor vehicle DK** *** Some paragraphs an background of the continuous registration(CR) With regard to your case, the last licence for the vehicle expired on 30/09/2011 and as no immediate licence application or SORN declaration was made and no disposal notification had been received, a Late Licensing Penalty (LLP) was issued to you on 13/12/2011. As an organisation, DVLA is strongly committed to providing its customers with the best possible service and I am sorry if you feel this action is harsh, however Enforcement action would not proceed without DVLA first ensuring that current legislation had been breached. The responsibility rests with the vehicle keeper to ensure that he or she is fully aware of, and complies with, all statutory obligations with regard to registration and licensing. I note your contention that you were not the keeper of the vehicle on 1/10/2011, however no notification of disposal was received until after the LLP was issued. Information pertaining to the Acknowledgment Letter scheme is included on the V5C, and also on various Agency leaflets, including the 'United Kingdom Registration Certificate Guidance Notes' (INS160), which should be retained with the V5C. Advice is also provide on the website. The system is designed to negate any uncertainty that may be experienced by either the sender or intended recipient, as to whether a notification of disposal submitted has actually been sent, or indeed received. I am satisfied therefore, that the Agency has provided vehicle keepers with the necessary information to carry out their salutatory obligations and remain within the law. I can only conclude, that had an enquiry in respect of the absence of an Acknowledgement Letter been made, the issue of the Late Licensing Penalty letter could have been prevented. Your contention in respect of the Interpretation Act 1978 is again noted, It is the Agency's position that it is not sufficient for a person issued with a LLP who is registered as a vehicle keeper, to simply state that a disposal notification has been posted to the DVLA. Should such assertion be accepted, DVLA would be unable to fairly preside over the enforcement of CR and ensure that the aims of the legislation are achieved. Consequently, something more tangible than an assertion is needed to prove that a registered keeper has discharged the obligation to notify. This is why the Acknowledgement Letter scheme is such a fundamental part of the process. Having reviewed the case, I remain satisfied that the Agency has acted correctly, both in advising you that an offence has been committed and in seeking legal redress. I am however prepared to offer you the opportunity to settle this matter at the reduced amount of £40.00. A cheque or Postal Orders should be submitted to this office by 10/02/2012. Blah Blah Blah. Any payments made after this date must be at the higher amount of £80.00. We believe that the decision we have made in your case is correct and appropriate. However, if you feel that there is further mitigating information that we have not taken into account, you can contact us on the above telephone number or write to the above address, quoting the vehicle registration number, to request a Dispute form (V991). This will be sent within one day of receipt of your request. Please note that simply disagreeing with our decision would not be sufficient cause to enter the dispute process. I hope that you now understand the Agency's position in relation to this matter. Yours sincerely Jamaal Siddique Enforcement Section. Thanks for reading and I hope you can understand what I have typed up. I am not accepting this as I have posted off the required document as I have done in the past approximately 7 times in the last 6 years! What should my next step be? Shall I write in or telephone to initiate a dispute. Your comments are welcome
  4. Hi All Just an update Got a letter back today stating: Thank you for your response about the above vehicle. In view of your comments, we will be making further enquiries and will write to you when these have been concluded. Yours Sincerely - enforcement Officer date 19-01-2012 Well lets see what happens next!!! Steve
  5. Yes Ray everything done as we have done lots of times before just this time the dvla seem to have lost the paperwork We change our car on average every 12 - 18 months but now this one will have to last the missus cos we are broke! Thanks
  6. The whole situation hits me as though the car got used for several "trips" and eventually got caught!
  7. Hi all I get sent a letter from the DVLA stating that they were fining me for non continuous registration. I sold our car to a garage and bought another new one. The private plate on the old one got transferred to the new one so the old had to be reregistered. When the new registration turned up 2 week later I duly sent off the part to the dvla and thought thats that! Just before xmas the fine letter turned up so I rang them and explained that I sent it off and I will not be paying a fine, to be told that I will still be fined as I am liable because it was my vehicle. I told them that the vehicle was sold to a garage and the number plate transferred to our new vehicle so technically we never even owned the reregistered car! to be told tuff and still pay the fine. I have used a letter from here to see if I get anywhere and I am willing to go all the way to court to contest this. I have posted just to let everyone know how I get on and will keep you all updated. Many thanks for all the info here and I have recommended this site to many a friend. Steve
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