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  1. Hello, I received a fine for not notifying the DVLA that I sold my vehicle. I sent the information to them after receiving a reminder letter from them. I then received a fine and appealed it, I've since received a letter saying thank you for my enquiry and said that even though I said I sent it they have not been notified and I still have to pay. On the appeal letter I had to fill in the new owner information which is notifying them as well? As I didn't receive another appeal letter I left it till now and thought I will just pay the £35 fine however when I call the number it said they are closed, I thought it would just be an automated payment line so I rung customer services and they said they can't put a note on and there is no one I can speak to, it has to be done in writing, I shouldn't have left it till last minute and I will have to call on Tuesday as Monday is bank holiday. But the date of payment due is tomorrow (Sunday) that is why I thought it must be an automated line because Sunday you can't get any post so surely you must be able to pay on the day its due as well? And as for shouldn't have left it till last minute, as far as I am concerned if the payment has a due date you are entitled to wait until that date to pay. And they shouldn't put the due date on a day you can't pay. And when the advisor said I will have to talk to them on Tuesday, I won't be able to because he said that they only take payments and will not talk about the issue. I'm not happy to pay the fine really as I know I let them know but just thought it will be easier to pay but I'm not willing to pay the higher amount because they won't let me pay today. Does anyone have any advice, I don't know what to do and all this is very upsetting.
  2. I've had a court summons and need some help with my defense. My car was deemed a total loss by the insurance, they never asked for any V5s or anything after sending me the cheque. They then sold the car on months later and I've received a failure to notify court summons. I noticed on the V5C it says the Motor Insurer must also sign the V5C before it is sent off, how does this work? Is there any law stating that I must be the one to post the V5C (the DVLA states the registered keeper must be the one to send it off). For example if the insurance company asks for the documents, is it sufficient for you to sign your part and send it to them and let them do the rest? Is it sufficient to send the V5C off without the signature of the Motor Insurer and send them the rest of the form? (I've read in many places this is sufficient but the form says different) In the event that the V5C was not in my possession and with the insurer, would it be sufficient to write a letter to the DVLA stating the change of ownership? What is the actual law regarding this?! I'm confused someone help fast please!
  3. Ok I have spent, like many others, in excess of 3 decades being chased and bullied by DVLA for crimes and offenses that i have not committed. 1) Just in the last 12 months DVLA failed to explain to a court why they claimed that my driving license had been revoked back in 2006 resulting in me being charged with driving without a license or insurance --------- I received an absolute discharge but it cost me well in excess of £1000 and loads of hassle, stress etc plus it caused severe stress to my severely disabled ward of care and her disabled son impacting, seriously, on both of their medical conditions. 2)They have given my details out without cause or justification in relation to a vehicle that I no longer own and there is irrefutable proof in their possession that someone else is responsible for the vehicle in question. 3) Now they are taking me to court for failing to notify them of a change of keeper for another vehicle over a year ago. This vehicle is a vehicle that I never owned but i was the 'responsible' person as it was a company vehicle. However, (a) this vehicle became the responsibility of the official Receiver when the company that it was registered to went bankrupt and my employment with them ceased as did my legal responsibility. (b) they where notified at the time and this was way back in 2008. Now they are claiming that someone applied for a V5c in December 2011 and I failed to tell them I had sold the vehicle. MUPPET'S!!!! As usual DVLA have applied their normal bullying tactics but that doesn't work with me anymore. So, we are going to court. I am not going to give dates or venues here because not everyone reading public forums have honest intentions I am well aware of all the relevant statutes etc and, of course, the Kennedy case and I have spent the last 3 weeks trawling this forum and others reading the thousands of posts from similar victims. Until now, like most members of the public,I was not fully aware of the size of this problem. Originally it had been my intent to plead not guilty, force DVLA to prove my guilt by statute (which is impossible for them to do BTW), and walk out of the court with my costs (well some of them anyway) However, having spent all this time researching then my attitude is changed. THIS NEEDS TO GO TO CROWN FOR A RULING Herein lies the problem --- How to get this into Crown? Kennedy was one of the closest I found but still no ruling because DVLA decided, after wasting money from the public purse for a case in the first place, to offer no evidence when Kennedy went to Crown for appeal. A common practice it would seem I can find no circumstances where i can ask a Magistrate to send this case to crown for trial. A summary only conviction that ends in a criminal record, it seems, can only be heard in Magistrates court with no right to ask for trail by jury ????? If I offer a weak defense and don't put up a fight I suppose i can get a guilty verdict and then appeal to Crown against conviction but then DVLA will pull the same stunt and offer no evidence on appeal so there will still be no ruling. There has to be a way to get this heard properly and case law to be established by a ruling but i am running out of ideas so HELP PLEASE Your ideas appreciated I am willing to fight this, not just for me------ that bit is easy I can tie the prosecutor in legal knots and have fun doing it but it is to no use to anyone else unless we can all, somehow, get these cases into case history so that DVLA has to behave and stop the bullying tactics which they use to raise revenue for their own sick organization. One further note. Even if i fail I will travel from Lands End to John O Groats to help anyone else to achieve the same end. I have had enough DVLA has cost me personally over £10,000 during the last 2 decades and I have emails and complaint letters going back to the 1980's about things that DVLA have done to me including 3 separate issues with my driving license. They need to be bought to task I know there are folk on this forum of the same mind and I know that there are some of you with far more knowledge of the law than myself. So how about some of us putting our heads together and going for this? Your 'sensible please' replies welcome
  4. Hi All Caggers Last year I sold my car on eBay and duly posted the V5 to the DVLA on the 8th October. Approx 4 weeks later I received a letter stating that someone had informed the DVLA that they had purchased the car and were applying for the registration document. I called the DVLA on the 8th November to inform them that I had sold the car, hold sent them the V5 and that they could issue the registration document to the new owner. Fast forward to December 2012 when I get a snotty letter from the DVLA stating that I had failed to inform them that I had disposed of the vehicle and they wanted a fine of £35 increasing to £55 if I did not pay within a certain timeframe. I phone up the DVLA to tell them I had posted the V5 and was told to complete the form stating that I was not responsible for this offence which I duly did. I now have a further letter from the DVLA, where they have basically ignored the fact that I have posted the V5 telling me that because I had not received a notification letter within 4 weeks it was up to me to pursue the matter. I now have 3 weeks to cough up £35 or after that its £55 I am determined to fight this as surely this cannot be legal? I contacted the DVLA to tell them I had sold the car after 4 weeks had elapsed when the buyer had also informed the DVLA they had not received the V5. I have posted the V5 1st class, I do not recall there being any burden of proof on the motorist to prove postage or delivery? Where do I stand with this? As far as I'm concerned the DVLA are running a money with menaces racket here that is not legal! Thanks in advance Crispy
  5. I received a letter today from the Council Housing/Council Tax Benefit department. "We have been notified by the Department of Works and Pensions that your Employment Support Allowance has ended on the 10/09/12." So, It seems that i failed the assessment (again) three weeks ago and not a word from DWP/Atos.
  6. I got a letter today totally out of the blue saying 'Further Steps Notice' from my local magistrates court, saying I owe £250 I had absolutely no idea what it was all about and there was no explanation on the letter. I rang the court and after speaking to a few different people I was told that letters had been sent to my old address saying I had a court hearing on 31st of January! (its now september!) I knew nothing about this obviously as the letters didn't reach me. I was told that it was because of a failure to notify the DVLA about a 'new keeper' back in may 2009, however this is completely wrong, as I registered that I was the new keeper at the end of april 2009 when I bought the car and I still own it now! All I did was change my last name when I got married in 2009, and from what I can work out they think that I am 2 different people! I notified them of my change of name in the proper way, and I've always notified them of my changes of address too, I've done nothing wrong but they wont listen and want to take me to court! I have an up to date registration certificate with my current name and address on, but I have just noticed it says there were 3 previous owners not 2, one of them being me with my maiden name! Will my current certificate be enough proof that I have not 'failed to notify' them? Should I ring the DVLA directly? I have informed a legal adviser at the court who is also going to try and contact them. I'm really worried this is going to go on record against my name for CRB checks and credit etc, especially as I didn't turn up to court in January as I had no idea about it. Any advice would be greatly appreciated!
  7. Hi All, I have for many years lay in the background of this very informative forum when ever I needed any info. And now as others I have recevied two (yep two) fines for failure to notify disposal of vehicle - for two different cars sold three days apart and the V5's (part where you sell to a motor trader) sent off using the same post box on the same day (a Sunday) as the V5's had to be given to the motor trader. I have called DVLA and informed them that I followed the correct procedures as stated on the V5 and posted the documents by 1st class post and the dates they were posted. DVLA spokesperson has stated that they have not recivieved them and the fine stands (I am over due on the one by two days as I have been abroad for three weeks). I asked them for a breakdown of the losses they have incurred from these "alleged" offences and have been advised "Nil". I have now been reading through as many posts as possible on here but can not find a letter template to reply with or something to state my grounds. But on the 5th May I sold a car to a private individual and sent the V5 to DVLA and they reciveived it and confirmed it in writing. The above cars were just me being greedy and I wanted them all till the wife said NO!! I thank you all in advance for your help
  8. Hi folks, I have read with great interest all the other DVLA related threads on the forum. I think it's outrageous what the DVLA are doing, anyway, on to my predicament. Salient points are as follows Sell vehicle in September 2011 Post V5c to the DVLA the same day. The postbox is directly opposite my house! Receive a letter earlier in the year with a fine for failure to notify Then recieve a questionaire to return, which i did they now say they haven't recieved this either! Then post a letter explaining that I sent the V5c and it isn't my fault if they or Royal mail have lost it. They reply stating that this isn't a defence and are demanding payment. I do not respond to this letter (What the hell is the point?) Letter recieved today with court date set. Attached to letter is a Guilty/Not guilty form. So , my problem is this. 1. I don't have a copy of any of the paperwork I sent to them, even the one letter they do admit to recieving 2. I am unemployed and without funds for legal representation So I am left with two options as I see it. 1. Plead guilty and ask whether I could pay the fine in installments (The thought of this makes my blood boil) 2. Attach a covering letter to the 'not guilty' form outlining the fact that waiting for a letter from them to confirm the vehicles disposal and therefore them recieving the v5c is not a legal requirement and that sending the V5c to the DVLA constitutes informing the Secretary of State. And that this would be my defence when attending court. If I go with option 2 I would need some assistance with the wording or I'll end up making a real hash out of it! Any and all suggestions are welcome Many thanks Simon
  9. Hello, This might be a rather lengthy story any advice is much appreciated. Here it goes: August 2011 - sold a car August 2001 - send a V5 document to DVLA via first class Royal Mail September 2011 - received a letter saying that somebody applied to be a registered keeper of the vehicle and that no action is necessary if I believe there are no suspicious circumstances regarding this registration. As I just sold the car I Ignored the letter completely. October 2011 - received failed to notify letter from DVLA demanding a payment. Following the advice on the forum I sent the form included and this letter to DVLA via Recorded, signed for service. The letter was delivered. Here is the letter: I have recently received your letter stating I failed to notify disposal of vehicle. I sold this car in August 2011 and send V5 document via 1st class post to DVLA.
Few weeks later I received a letter saying that somebody applied to be a registered keeper of the vehicle and that no action is necessary if I believe there are no suspicious circumstances regarding this registration. As I just sold the car it seemed to me like a standard process, so I did not contact DVL at the time (as per advice in the letter). Below are some legal points of which I have followed: The Road Vehicles (Registration and Licensing) Regulations 2002 “Change of keeper: registration document issued in Great Britain on or after 24th March 1997 and the new keeper not a vehicle trader 22. (2) The registered keeper of the vehicle - (a) if the registration document issued in respect of the vehicle is in his possession, shall deliver to the new keeper that part of the document marked as the part which is to be given to the new keeper; and (b) shall forthwith deliver the remainder of the registration document to the Secretary of State, duly completed to include the following - (i) the name and address of the new keeper; (ii) the date on which the vehicle was sold or transferred to the new keeper; (iii) a declaration signed by the registered keeper that the details given in accordance with paragraph (i) are correct to the best of his knowledge and that the details given in accordance with paragraph (ii) are correct; and (iv) a declaration signed by the new keeper that the details given in accordance with paragraphs (i) and (ii) are correct.” 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.” As I previously stated I used 1st class post to “deliver” the V5 document which complies with both regulations above. 
If your procedure stated any different for example it needed to be registered post I would have complied as requested. I will not be held liable for a fine due to loss or negligence. Please treat this letter as my not guilty plea; I simply will not pay penalties for an offence I did not commit. I have done everything asked of me and you will have to take court action against me if you wish to pursue the matter; but I can assure you I will be claiming expenses occurred from loss of earnings, travel costs, etc. if this goes any further. As stated in Human Rights Act 1998, Schedule 1, Article 6, section 2 “Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law.” I await your correspondence on this matter and a quick response will be grateful. Regards,
 [signature] - never heard from them again - - till TODAY - August 2012 - received a letter from Court that I have 10 days to pay £280 fine or else... No explanation, nothing, just a case number, automated payment line number and phone number. Called the court. DVLA took me to court in April 2012 and I failed to appear so found guilty and got fined £280. Now... got scheduled a statuary declaration in 2 weeks time in Court where I can take an oath that I did not know anything about the case (or something like that). The woman on the phone admitted that all correspondence was sent my previous address and it is their fault for not updating records. I asked how this was possible when the very first and the very last letters were sent to my current address... She did not know the answer. Anybody knows what happens next? Anyone was in a similar situation? Do I need a lawyer / barrister (whatever these people are called) Thanks a lot.
  10. Hi just returned from Trafford Magistrates court courtesy of a Requisition inforced by DVLA to answer the charge of failure to notify. The vehicle in question was sold 2yrs ago DVLA contacted me 6mths ago.... long story short took advice from the site told their legal eagle i wasn't legally bound to chase up and do their work for them.......... Victory
  11. Hi. Seems to be an epidemic of this happening according to these forums. In May 2011, I sold my old car and duly filled in the V5C and posted it. In around July, I moved house. I setup a Royal Mail forwarding service to forward mail posted to my old address to my new address. It would then appear that the DVLA did not receive the V5C, as they sent a Failure to Notify letter to my old address in September. Understandably peeved, I wrote back to them, giving them my new address for correspondence as well as protesting my innocence. A few weeks later, they replied - to the old address. I wrote back once again, again confirming my new address and again asking for common sense to be applied. This was in October 2011. I received a reply to the second mail - again - to the old address a couple of weeks later, saying that they still believed they had a case and would take me to court and that they would be in contact in due course. I heard nothing. For months. I wrote asking for clarification in December, but had no reply. I kept the forwarding running until early this year and then cancelled it as I was not getting any more forwarded mail. Fast forward to today (June 28th), and on my doormat, addressed to my new address is a letter from Marston Group, postmarked the 22nd, who are claiming a Magistrates Court Order has been raised against me, and that if I do not pay the sum of £575 within 7 days (gee, sent on the 22nd, arrived on the 28th - helpful!) then a bailiff will visit and will 'levy distress' and 'remove goods' to sell at auction. It seems completely obvious what has happened here - the DVLA, despite being informed of my new address - THREE TIMES, decided to continue to serve notices to my old address, and obviously, after my mail forwarding was cancelled, these were never received by me. So, it would appear that I have been found guilty at a magistrates court at a trial I was never even made aware of. I have spoken to Marston Group, who - graciously(!) - will suspend the case for 7 more days. The DVLA are closed, though I suspect they'll be as much use as a chocolate fireguard. Anyone got any help? I am very worried about the prospect of a bailiff visiting and extorting cash or goods from me. Thanks.
  12. Hi there, just a short note to bring good news of another failure to notify case won. We successfully defended ourselves (I say we, it was my wife who was being charged) against a failure to notify charge on 31st May 2012 at Brighton Magistrates court. A big thanks to all on here who gave advice. I will write up a full report and extra advice in good time, for now though, anyone who is thinking of representing themeselves please get in touch and I can email you our case notes. We didn't post before the trial (DVLA rumoured to read the threads) but lurked a lot. Cheers.
  13. I sold my car and moved house during the summer of last year... I say moved house - I actually became temporarily homeless and stayed with some friends until I got back on my feet. Fast forward to today when I returned home after a short period at a friends place, to find a letter from HM Courts and Tribunals service calling itself a further steps notice over a fine of £305. Needless to say that this was quite a shock. I was unaware of any original steps, let alone further ones. I called up the number, and the rather lovely lady on the other end informed me that in November last year, I had been found liable, in absentia, for the offence of failure to notify the Secretary of State of the change of ownership of a vehicle (notwithstanding that keeper and owner are two separate terms, of course). Had I not sent the V5 off, I may well have expected this, of course, which is the very reason I sent it to them, quite aside from the fact that I didn't especially want tax reminders and speeding fines coming my way because of someone else's mistakes or disregard for the rules of the road. The lady I called listened to what I had to say, and sent off a message to somewhere indicating that I'd called and stated that I was not aware that I'd been summonsed at all until today, and advised that the fie will probably now be struck down along with the verdict of the court, and that I'd be required to make a statutory declaration regarding my being unaware of the summons and why... after which I would be re-prosecuted for the offence at a local court, giving me the chance to make representation. I have three issues with this... I have had absolutely no contact with the DVLA about any of this since sending off the V5c to them, and yet I can end up summonsed just like that, at the click of a finger? (having bought another car just after selling the old one, they have me in their records, and I don't have the most common of full names - they could have contacted me at the address to which my current vehicle is registered.) I am not well. Going to a magistrates court to defend myself against prosecution for something which I know damned well I didn't do would be most unwelcome at this juncture, and would be the perfect thing to set off my anxiety and panic attacks. At some point between 4 and 8 weeks away from now, I'm liable to be away from home briefly. Knowing my luck, this could be on any date that ends up set for any hearing, meaning that I'd be unable to attend in person. Does anybody have any suggestions regarding where I go from here with this issue? I did not commit the offence described (I sent the thing) but I'm seriously worried that I'm going to end up with a hefty fine I can't afford to pay.
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