Hi to everyone on the forum i am looking for a bit of help with a letter i am writing to the dvla in response to a letter i got for them asking for an out of court settlement for failure to notify disposal of vehicle. Back in December of last year i sold a motorbike and sent of the v5c and never thought anything more of it, then about 3 months ago i got a letter stating that someone else had applied for a log book for the bike and that if i do not respond within 14 days (i think that was the time frame) the log book will be issued. i did nothing and thought that would be the end of it. Today i received another letter for the failure to notify disposal of vehicle asking that i pay an out of court settlement or they will take me to court. I have been reading through the forums about this matter and have found some great advice and fully intend to fight this ,i have found a letter written by the troublemaker (thank you and i hope you dont mind me using one of your letters as a template). I have used this as a template changing some things to make it more relevant to my case and was hoping that some of the members that have dealt with this could please have look over it and tell me what they think and if anything needs changing thanks. Here is the letter: Dear sir/madam I am writing in regards to the demand from you the DVLA that i pay an out of court settlement of £55 by the 25 of May 2014 reduced to £35 if paid by the 18 of May 2014 for the "failure to notify disposal of vehicle xxxxxxxxxxxxxxxxxxxxxx. I am informing you the DVLA that I surrendered the vehicle’s V5C document to the DVLA as required by law. The V5 was returned to the DVLA by Royal Mail First Class post. On the date of 18th of December 2013 via the post box at xxxxxxxxxxxxxxxxxxxxxx The sale was of a "xxxxxxxxxxxxxxxxxxxxxx", VRM "xxxxxxxxxxxxxxxxxxxxxx" from myself to the new keeper ,xxxxxxxxxxxxxxxxxxxxxx,and the data of sale was the 17 of December 2013 as entered on the V5C that was sent to yourselves on the date of 18th of December 2013. With regards to this my responsibility ends as soon as I relinquished control of delivery to the UK Postal Service, Royal Mail as stated in Section 07 of the Interpretations Act 1978. Section 07 of the Interpretations Act 1978. 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. I would like to bring your attention to the wording 'whether the expression "serve" or the expression " give " or " send " or any other expression is used' clearly also covers 'deliver'. Therefore, by correctly addressing the envelope, affixing a stamp to cover the necessary charge (as is required), and by placing the item in a Royal Mail Mailbox, I have fulfilled my responsibility to notify the DLVA as required by statute legislation, and furthermore as the DVLA are an Executive Agency for the Department for Transport, by me sending the V5C by post to DVLA , it was therefore delivered to the Secretary of State as required by this legislation. As the DVLA place their postal address on the V5C and do not offer an alternative delivery method for this communication, nor do they request I communicate this via means other than posting I have followed the DVLA’s own instruction with regard to this matter. This is also covered within the Human Rights Act 1998, Schedule 1, Article 6, section 2 whereby it states‘Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law. ‘ I have no proof of posting the V5 document because the DVLA does not require me to obtain this. I also believe that I should not have to prove that I posted the V5C and if this matter does indeed go to court it is the requirement of the DVLA to prove that I did not. I would also like to bring your attention to FOIR 1396/09, Sent to Collins, whereby Richard Batchelor clearly states that “..if an item of mail does happen to be mislaid within the Agency, the responsible area would be unaware of the loss until notified (normally by the sender of the mail). There is no automatic process alerting the Agency to a previously received item of mail that had not been processed.” Therefore we cannot rule out the possibility that my notification was received by the DVLA at the address required, and was subsequently misplaced internally after delivery. I will now move onto more details on my responsibilities as to the V5 document. Details on the V5 state - 'Once we know about the changes, you should receive an acknowledgement letter to confirm that you are no longer responsible for the vehicle. If you do not receive the letter within 4 weeks, please phone 0300 790 6802. Can you please advise under what Statute Legislation I am lawfully obliged to contact DVLA if I do not receive any such acknowledgement or correspondence from DVLA. The question of the legislation on contacting DVLA and statute legislation has already been judged in various county courts and has been found in the defendants favour. This matter has been discussed in great lengths on BBC TV Watchdog. I should like to bring your attention to DVLA vs. Peck. Mr Peck (Claim 9BR0829 at Horsham county court. The Judge found in Mr Pecks's favour stating the DVLA has no statutory power requiring anyone to contact them should they not receive an acknowledgment letter. I must also inform you The DVLA that I am fully aware of the DVLA vs Kennedy case whereby Mr Kennedy claimed he was wrongfully convicted of the same offence I am being charged with. Mr Kennedy then appealed his case to Chelmsford Crown Court on Friday 9th September 2011. DVLA prosecutors at Swansea withdrew and offered no evidence to the crown court. No doubt this was to stop a precedence being set as case law being it was a Court of Appeal and binding on all equal and lower Courts. Considering the information contained in this letter, I hope you will see that proceeding with this prosecution is in no means justified, and the matter can now hopefully be considered closed. However, if you do continue with this prosecution then I must advise you I will be seeking my costs back from the DVLA if I am found to be not guilty on the charges. I trust this letter is explanatory in its context and reserve the right to show this letter in court if needed. Yours faithfully

Hi - I wonder if anyone of you could help. I relocated to the UK about two years ago and my brother moved back to Italy from UK leaving me his van and my details on that small green DVLA paper. I did not transfer that van into my name and a year and half later sold it to someone. Now i received summon from DVLA that I failed to notify them of change of name with potential £1000 + £90 fine. What to do?????? please help.

I brought a new Citroenn Nemo Van just over 3 years ago, it is fitted with the 1400 HDI engine which has recently ceased, causing catastrophic engine failure. The Nemo has only done 24,000 miles and has been fully serviced. It was called in on one of its three recalls, 18 months ago, for new big end conrod bearing shells. The work was carried out at an authorised Citroen dealer. This all happened 4 months ago, and as yet, neither the garage or Citroen UK have made any attempt to help, even though this is obviously a problem with this engine. I know I'm not the only person who has experienced this problem, as several other forums have proved, but I wonder whether anyone has ever had any luck getting any help at all out of Citroen. I have now put it in the hands of the Financial Ombudsman to try and push Citroen to do the right thing, and if they do I will let everyone know. Any comments welcome

got a PCN a couple of months back, having parked in a council car park to go to the cinema, a gust of wind must of blown my ticket of the dash when closing the door. Sent a appeal as soon as to the council with the original ticket (i took photos for myself) which was rejected, I had to laugh as they sent a picture of the dash of the car, which had about 8 other pay and display tickets on, (Lazy moi?) I would like them to prove that it wasn't displayed in the picture! my partner has been in hospital and ive only just got round to dealing with this again, as I have had a letter from Equita saying it needs to be paid, it doesnt even say in the letter how much, but does say if its not paid soon (no timeline given) extra charges will be added blah blah blah. I have had this once before where I have genuinely paid and upon providing proof it has gone no further, just feel like the council are trying to get more money out of me. Can anyone advise, id be really grateful

TWO months ago i sold my car and sent off the V5 to DVLA as instructed. After receiving no response i have just telephoned DVLA. They are saying that they still have me as the Registerd keeper and that it is still SORN. They state that they have not received any notification that the vehicle has been sold. The internet is awash with people in similar circumstances as mine and end up receiving an £80 penalty for failure to notify the secretary of state. Talking to the DVLA is like pulling teeth. Their attitude is just send in another letter, great until that gets lost and i still end up with a possible ticket. This is a racket by DVLA and borders on criminality So my question is how do i get DVLA to acknowledge receipt that i have sold the vehicle and that i am no longer the owner of that vehicle. You really cannot make this up

My OH has a car which was in the garage for some considerable time (actually about 2 years). Eventually he and the owner got it sorted out at the end of last year. My OH was then critically ill and he was unable to collect the vehicle. The garage owner then attempted to sell the vehicle - first we knew about it was a letter from the DVLA saying that someone else had applied for registration. We called the DVLA and explained and they said that we should involve the police. We didnt because within a few hours it was sorted with the garage. We paid for the vehicle, taxed it and collected it. The garage said that they had notified the DVLA that there were not to proceed with the new registered keeper. Now we have received a Failure to Notify Disposal of Vehicle. 1. The vehicle was never disposed of - indeed it is still on the drive and 2. Does this mean that the DVLA have registered it in the name of someone else?! TIA

Hi all, been reading a lot about these lately as my partner has just received her requestion through the post. I've written 2 letters, one to the court as we are unable to attend due to been out of the country and one to the dvla as they seem to enjoy losing our post as you will see from the information in the letter. Anything you would change or advise? She plans on pleading not guilty. Letter to the DVLA Letter to Court; Going to court is a massive hassle and is going to cost enough in fuel as it's not local (45miles away) and time off work to attend, just need it sorted and forgotten about. Hiring a solicitor is also out the question due to cost. Thanks

Hello! So I sold my motorbike a couple of months back, didn't have the V5 etc. So the new owner contacted the DVLA and asked for one. They then contacted me saying the new owner had requested it and that I need to send off some info (like the green slip) or something (which I didn't have). So anyway, few months later I get a letter through at my dads, whos house I use as a postal address. The letter says I owe them £55! reduced to £35 if I pay by the 22nd March. What the bloody hell? It never said anything about a fine in the previous letter, it literally just said If i ignore it they'll do the rest. Any help? Could I just tell them I never got the letter?!

Like so many others it seems I am getting letters from various agencies requesting my £80 fine. Each time I contact the DC and explain my situation I am told that the matter will be returned to the DVLA, which it is but then is passed to another agency. I sent all the paperwork back as requested when my car as scrapped, but the DVLA "didn't receive it" I must have sent it at least three time. As this was over six years ago, can I send them the statute barred letter?

I would like some advice about a situation my nephew is currently in. This week in our local paper under the Magistrates named & shamed bit my nephews name appeared for the following offence: Failed to deliver notification of transfer of a vehicle to a person who was not a vehicle trader. Fined £200, costs £110. T he address given for my nephew was his mother's address which he left in difficult circumstances 18 months ago. This was the first he had heard of any court proceedings as he obviously hasn't received any letters about it as they would have gone to his mothers address, plus he has never owned a vehicle, in fact he only has a provisional licence. We suspect his mother has something to do with this. She is no stranger to fraud and dishonest behaviour. I have spent the last 2 years clearing my mums name for unpaid mobile phone accounts and pay day loans she took out using my mums name so no love lost there. As soon as my nephew was old enough she used hs name to get catalogue credit etc so he has no credit rating now either! I have also been told that she posted on FB that " after 18 months what goes around has finally come around" so she is obviously feeling pleased with herself. My nephew has phoned the Magistrates, they said the only thing they could tell him was it related to a "large" vehicle like a van, people carrier or a 4 x4 but he needs to write to DVLA to explain the circumstances & ask them to write to the court to have the conviction set aside. As I said he has never owned a vehicle so it is definitely not his. Has anyone come across this situation before and can give advice on what will happen next? He obviously has no court paperwork or any documentation whatsoever. Also is there anything I can do to find out more about the vehicle this relates to with a view to finding out who has done this?. Any help would be appreciated

Hi all! I've received a letter today from the DVLA (which the "Enforcement officer" hasn't even bothered to sign) stating that I have failed to notify them of the disposal of a vehicle. But I haven't disposed of it, I sold the vehicle back in 19/10/2013 filled out the V5c, sent it to them 2 days later. The new keeper obviously hasn't received the v5c back and has applied for a new one (I have done this before in a similar situation). So they want to charge me £55 to settle out of court, or £35 if paid early. I don't think I should pay this as I don't think I haven't done anything wrong. I filled out their form as usual, sent it to them as usual, but now its my fault?? I have bought and sold over 50 vehicles in the last 6yrs and have never had a problem, I always send the paperwork off within a few days and all has been well. My question is, what should I do? Shall I bend over and take one off the DVLA, or try to fight it and not pay and risk end up paying more. I know its only £35 which normally I wouldn't have a problem paying a fine for something that I've done wrong but in this case I believe I haven't! Thanks, Marc.

Sold a van to an east european in sept 2013. After the buyer had gone I realised he had taken logbook and left the green slip with his details on by mistake. Immediatly phoned dvla (phone records prove this) when I realised the mistake and was told not to worry it happens all the time.Just send a letter to confirm the details of sale. I wrote a covering letter to explain this and sent to dvla using royal mail without proof of delivery assuming that was the end of it. Then in November I was informed that I was liable to a fixed penalty fine for not insuring vehicle. I immediatly sent a second letter to dvla explaining I had allready informed them. Posted the letter by royal mail trusting that it would arrive safely. Then I started getting more letters stating I was still liable to a fixed penalty.I have replied to every letter immediatly explaining the situation .Now send everything by royal mail to be signed for.DVLA has acknowledged that I am no longer the keeper. But hay-ho just received a SORN DECLARATION in my name. I now assume the new keeper has not sent log book off to change details. Sent a letter to complaint to enforcement offices but they still insist I pay the penalty or they will take me to court. No no no!!! Why should I pay a penalty I have forfilled the requirements asked of me. Help is needed on what to do next.

Can anyone help with some advice please. I purchased an exchange alternator from a well known motor factor November 2013 and had it fitted to my car. The charging light has today become illuminated whilst driving and now stays on. I will take my car to a local garage and get the charging system tested to see if the alternator has failed. If the alternator is found defective can I claim against the motor factors for the labour charges involved to remove and refit an alternator? Or are they just obliged to supply a replacement unit under warranty? Many thanks in advance.

have just posted my SAR, so started a thread just in case i need any help in the future...

Just received £100 penalty from the DVLA for failure to insure. This was the first letter I received although they stated they had written previously. Firstly the car is registered in my daughters name but I drive, tax and, insure the car. I cancelled the insurance because I was going away. The tax was valid and when I arrived back I insured and taxed it again. Then three weeks later my daughter received this penalty notice Stating that the car was not insured although the tax is was valid. Can anyone give me advice please much appreciated.

Hi, Hoping someone could give me some advice! I sold my old car back in May/June 2013 time but I realised when the guy came to collect it that I'd lost the log book. He said that's OK he'd apply for a new one and that I should write to DVLA which I did. Now were in January 2014 and I get a court summons on my doorstep today saying I have to appear in court due to not notifying them of a change of keeper! I wrote to them! And apparently they have written to me to negotiate an out of court settlement which I have never received. They were writing to my previous address but I know the tenant who lives there now and he forwards me every piece of mail that gets sent there. I find it hard to believe they sent these previous letters. In any case is the onus on me to prove to the court I sent DVLA notification in writing? In the same breath if they're telling me that is the case then surely the same can be said of them sending me these other letters, is the ouns not on them also to make sure I received them? My word against theirs surely? Has anyone got any advice? The summons looks pretty scary but to be honest I'm actually quite angry, I feel like going to court and having a bit of a rant! Over something so paltry they're gonna fine me up to £1000 or send me to prison? lol. Also on a separate note, Im due to work the day they have summoned me, how should I approach this with my employer? Many thanks in advance! blinky

Hi I am yet another unfairly treated by the DVLA regarding change of keepers. I have read up on the subject and am preparing my defence. The purpose of this thread is to ask if anyone who won their case is willing to provide me details that I can submit in defence of my position. I will not bow down. Layla

Hi guys, I need some urgent advice really, I have been out the country for a while and my father has just let me know that I am being taken to court for not sending a logbook! A logbook that I did send. Now here's the problem.. The court date is tomorrow! I cannot make it :/ Is it to late to just phone up and settle this outside of court? I don't want to pay the fine but I don't see any other way to sort this as I'm not in the UK at the moment Please advise ASAP as I will need to ring them first thing. Regards,

Hi Everyone, Just looking for a bit advice here. We have a 2008 (58) plate Vauxhall Zafira (purchased September last year from a car supermarket) and on the 13th (definitely unlucky for us!) we broke down 100 miles away from home. Not to worry, we had a warranty (or so we thought!) Our car got recovered to a garage where the problem was diagnosed as gearbox failure and the gearbox repair specialist sent his report to the warranty company (which stated that the 'pinion bearing failed and damaged 6th gear and gearbox housing'). The warranty company (the RAC) didn't seem to do anything until I called them who claimed they were waiting for contact details of the gearbox specialist (who had already sent them his report with his contact details on the top!). After I chased this up they eventually decided they were sending an assessor out 3 days later.) The assessor turned up, looked at the car and gearbox, and then the report came back... you guessed it 'wear and tear' and not covered. Now, not only do I expect a gearbox to last longer than 5 years and 79,000 miles, if you google M32 gearbox it will show you how common the boxes are to go - obviously a manufacturing default somewhere along the line, and nothing to do with wear and tear. Not only this I feel completely ripped off by the warranty company, as it appears that any possible problem would come back to wear and tear. I appealed the decision got what looks to be a standard letter back saying they could not overturn the decision. (I think it is a standard letter and the heading does not even get the vehicle's fault correct!). I have appealed this again I am just looking for some basic advice on where I stand with this, and if I have any chance with getting my money back for the repair (we had to have the repair carried out as I need vehicle and it had already been 4 weeks without the car!). The repair cost £1200-£1300. Thanks in advance. Ps. Having done alot of research I found another thread on here regarding requesting documents from vauxhall so I contacted vauxhall and requested the documents, they did originally ask me to take my car to a vauxhall garage however once I said the car was repaired now I just got an email back saying they would not release those documents to the public.

I am campaigning to have the Financial Ombudsman Service removed and a new service to replace it which actually adjudicates and honestly resolves the problems consumers have with financial institutions. The FOS appears to have got worse and worse and merely serves to uphold the actions of those financial institutions. I have been at the receiving end of this ineffectual and biased service to my cost and they refused to adjudicate when the law (in my case) is black and white on my side. I cannot do anything as the financial service refuses to answer my letters and all the FOS will say is that it's okay. It is not okay and having read of the many people failed by the FOS, realised it is not just me and it is time to change things. [REMOVED] please read our rules - dx , we can change this.....

I would like to ask for advice relating to a DVLA requisition to appear at magistrates' court that I have just received. I should start by stating that I've researched extensively so far, read everything I could find, and require further direction to my circumstances that seem to be quite different. Pretty much all queries on the failure to notify disposal/transfer offences seem to end up involving Section 7 of the Interpretations Act, which unfortunately doesn't apply to my situation. It's become a bit of a long story, so I'll break it down into dates & events: -28th January: Just moved house, sent away V5 to change RK's address of the vehicle to which the alleged offence relates. -2nd March: Part exchanged the vehicle through an independent dealer. I had not received the V5 for the vehicle by this time. The independent dealer stated that they would be able to apply for a replacement V5 for it anyway and were therefore able to complete the transaction for the vehicle I was purchasing, but asked if I could forward the replacement V5 for the part exchanged vehicle when/if it arrived. -8th May: Received a 'Failure to notify disposal of vehicle' from DVLA offering a £35 out of court settlement, increasing to £55 if not paid within a prescribed period of time. -14th May: Sent a letter to the DVLA explaining what had occurred, that I could not complete the V5 as I had not by that time received it, and had assumed afterwards that I wasn't going to receive it since the independent dealer had applied for a replacement V5. Enclosed a copy of the sales invoice, and made clear that I had full details of the trader so would have been able to account for the vehicle in the event of it being subject to police inquiry. -22nd May: Received a very much template looking letter rejecting my correspondence from 14th May, providing new dates in which to pay the £35/£55. -29th May: Received an identical letter to 22nd of May, but with payment dates pushed forward, and this was sent to my correct address (See note on addresses below). -12th June: Sent a letter to the DVLA stating my disappointed that they had not accepted my proposed resolution, reiterating that I had still not received a replacement V5 for the vehicle and dispute the offence they allege, and stating that they must therefore commence legal proceedings. -20th June: Received a letter from Mrs P Woolley (DVLA) stating that after careful consideration, it had been decided that the case should be settled by prosecution and that I will receive a court summons in due course. -Recently: Received a requisition from the DVLA to appear at magistrates' court. Includes a 'statement of witness' by a 'Rachel Loftus', that incorrectly states (incorrect in bold): "On 08/05/2013 a notice was sent to the defendant requesting information under S46 of the Vehicle Excise and Registration Act 1994 and offering the oppertunity to pay an out of court settlement. A written reply has not been received nor has the notice been returned undelivered by the postal authorities" The paperwork contains a 'Guilty Plea' addressed to the designated officer of the magistrates' court, and overleaf a 'Not Guilty Plea' addressed to the DVLA; which seems strangely like an attempt to seek information relating to my defence if I intend to plead not guilty. Note on addresses: All DVLA correspondence up to and including 22nd May was sent to the wrong address (incorrect house number) but I assume had been delivered by a neighbour. I did not know or realise this until inspecting the paperwork now. I also now realise that it's possible that the replacement V5 was sent to this address but not subsequently forwarded to me by the neighbour. I suspect that the correspondence from the 29th May was in response to the DVLA updating my address due to my recent correspondence. So I suppose that's everything in full. To explain my actions (or lack thereof) between 2nd March & 8th May; I wasn't aware of the legislation down to it's full detail relating to notifying the secretary of state for transport when you transfer a vehicle. Although I had misjudged the appropriateness of relying on the independent dealer to notify the DVLA of change of ownership instead of myself, I felt at the time that I had taken all due diligence to be able to account for the vehicle in the event of a police enquiry by retaining full details of the person I had transferred the vehicle to, and providing them with my full details. Since I had not received any correspondence from either the DVLA or independent dealer, I assumed that the situation was resolved and no longer expected to receive a replacement V5. You could say I'm guilty of having too much faith in the system! I'm torn between angrily wanting to beat the DVLA in court and pursue costs, or taking the best course of action to convince the DVLA to drop the case. I'd particularly appreciate advice in relation to the following queries: -Is it worth contacting the DVLA in light of my realisation as to the possible original error (wrong address) of the replacement V5? They've generally just been pretty unpleasant so far. Should I make further correspondence by post or would it be worth calling them? -Where does one stand in terms of being required to send a V5 but not having received it, and never receiving it? -What period of time must elapse after transferring a vehicle before the Vehicle Excise and Registration Act 1994 is contravened? -If this goes to court and I win the case, can I pursue costs and how much? Can I include inconvenience/stress?

Hi everybody, I'm hoping someone can help me because I'm terrified. I receive DLA. My award ends in Jan 2014. When I was assessed by one of their doctors in March 2012 I was working part time. I started a full time job in November 2012. Not to make excuses, but I was just out of surgery and I had just moved house and broken up with my long term partner all within the same couple of months as starting my job. I thought I phoned to inform the DWP of my change of circumstances. I hadn't. I only realised this about a month ago when I was sorting out some Working Tax Credit stuff and they advised that I hadn't changed my employer. I thought I had done both at the same time. I wrote to the DWP as soon as I realised this, and told them that my circumstances had changed and requested they stop my DLA immediately, and now they are sending out a change of circumstances pack. I just dont want this benefit anymore. I know this amounts to benefit fraud and I am petrified about what is going to happen to me. I will lose my job if I have a criminal record and my doctor has put me on anti depressants and diazepam because I am having panic attacks and have started to think about killing myself because if I lose my job I wont have anything. Nothing has actually happened yet with the DWP, I haven't had an interview under caution or anything but I am so scared that something is going to happen I just dont know what to do. If I have to pay back money I'll pay it back, I just cant have a criminal record or I'll have lost everything I have worked for. Can someone please give me some advice on what to do, I am completely terrified right now. Thank you.

Hi everyone; I have been on 3 network for more then 8 years now with few additional contracts on the same network. In January, my Sony Xperia S was taken for repair to a 3 shop, it had random restarts, freezing, yellow spots on the screen and loose back cover. 4 days later the phone was back and i received a text to go collect it. They done a hard reset and sent the phone back without the back cover. I notified the store that the cover was missing, and they asked me to go back there following week. I work full time so i went back within 2 weeks and cover still wasnt there. 4 months went on, i called costumer services once every month. Finally, decided to take the un-repaired mobile back to the shop for repair on the 10th June. They never called me or informed me with the status even though i have been to the shop 3 times to check the progress. Finally, when i called the three costumer service on 25th August, they told me the phone was at the store since 23rd July and i should go collect it. Apparently, they replaced it with a refurbished one. So i collected it on 2th August. But guess what? The back cover was still missing. Frustrated, i called 3 to complain and cancel my contract. They wont let me without paying the early termination fee. I signed up for a contract with them and they failed to provide me with the service i signed up for. I have been without a mobile phone for the last 7 months which i have been paying. They stole (literally) my back cover and wont give it back to me. Since they failed to provide me with the service, do i have the rights to cancel the contract? If so, how can i do it? I dont want to pay any fee. Also, while on the phone to this rude guy at the complain department, he tried to talk to me about an ipad contract under my name without even confirming with me. I tol him he had no rights to mention me the ipad contract while i am disputing an account. Can anyone help me where do i stand with this? I even asked for early upgrade possibilities and they said i had to pay fee for that as well. 10 years i have been with them and this is how they treat me! T-mobile replaces the faulty phones the next day and they even do collection from your house. They take your faulty phone and replace with a new one the next day. I am never coming back to three ever again and pulling out all my family members and friend i subscribed to three once their contracts ends. Any help on this matter will be appreciated. Thanks in advance.

Hi Guys - first time poster long time reader etc........ Anyway I got the DVLA summons a little while ago, and have sent the DVLA a letter back, which basically reads as follows: REQUISITION TO ATTEND xxxxxxxxxxx MAGISTRATES COURT ON xxxxxxxxx Vehicle registration ******** Dear sir/madam I am writing in regards to the requisition sent to me to attend xxxxxxxxx Magistrates Court on xxxxxxxx to answer the charge of Failing upon the Change of Keeper of the Vehicle, to Notify the Secretary of State forthwith. I will be pleading NOT GUILTY on all charges as I consider I have no charges to answer. I am now informing the DVLA that I surrendered the vehicle’s V5C document to the DVLA as required by law. The V5 was returned to the DVLA by Royal Mail First Class post. The date of posting was the same date as the sale of the vehicle, the 12th December (12th) 2011. The Sale was of a nnnnnnnnnnnnnnn, VRM nnnnnnnnnnnn from Myself to a new keeper,nnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnn, and this data was entered on the V5C that was sent to yourselves on that date. My responsibility ends as soon as I relinquished control of delivery to the UK Postal Service, Royal Mail. With regard to Section 07 of the Interpretations Act 1978 Cont.. Section 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. I would like to bring your attention to the wording 'whether the expression "serve" or the expression " give " or " send " or any other expression is used' clearly also covers 'deliver'. Therefore, by correctly addressing the envelope, affixing a stamp to cover the necessary charge (as is required), and by placing the item in a Royal Mail Mailbox, I have fulfilled my responsibility to notify the DLVA as required by statute legislation, and furthermore as the DVLA are an Executive Agency for the Department for Transport, by me sending the V5C by post to DVLA, it was therefore delivered to the Secretary of State as required by this legislation. As the DVLA place their postal address on the V5C and do not offer an alternative delivery method for this communication, nor do they request I communicate this via means other than posting I have followed the DVLA’s own instruction with regard to this matter. This is also covered within the Human Rights Act 1998, Schedule 1, Article 6, section 2 whereby it states‘Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law. ‘ I have no proof of posting the V5 document because the DVLA does not require me to obtain this. I also believe that I should not have to prove that I posted the V5C and if this matter does indeed go to court it is the requirement of the DVLA to prove that I did not. I would also like to bring your attention to FOIR 1396/09, Sent to Collins, whereby Richard Batchelor clearly states that “..if an item of mail does happen to be mislaid within the Agency, the responsible area would be unaware of the loss until notified (normally by the sender of the mail). There is no automatic process alerting the Agency to a previously received item of mail that had not been processed.” Therefore we cannot rule out the possibility that my notification was received by the DVLA at the address required, and was subsequently misplaced internally after delivery. I will now move onto more details on my responsibilities as to the V5 document. Details on the V5 state - 'Once we know about the changes, you should receive an acknowledgement letter to confirm that you are no longer responsible for the vehicle. If you do not receive the letter within 4 weeks, please phone 0300 790 6802. Cont.. Can you please advise under what Statute Legislation I am lawfully obliged to contact DVLA if I do not receive any such acknowledgement or correspondence from DVLA. The question of the legislation on contacting DVLA and statute legislation has already been judged in various county courts and has been found in the defendants favour. This matter has been discussed in great lengths on BBC TV Watchdog. I should like to bring your attention to DVLA vs. Peck. Mr Peck (Claim 9BR0829 at Horsham County Court. The Judge found in Mr Pecks's favour stating the DVLA has no statutory power requiring anyone to contact them should they not receive an acknowledgment letter. I must also inform the prosecutor that I am fully aware of the DVLA vs Kennedy case whereby Mr Kennedy claimed he was wrongfully convicted of the same offence I am being charged with. Mr Kennedy then appealed his case to Chelmsford Crown Court on Friday 9th September 2011. DVLA prosecutors at Swansea withdrew and offered no evidence to the crown court. No doubt this was to stop a precedence being set as case law being it was a Court of Appeal and binding on all equal and lower Courts. I can assure DVLA that if I am summoned before the magistrates and convicted, I will be seeking leave to appeal to the crown court myself being that magistrates are normally lay magistrates and not familiar with statute legislation. Lastly, today by writing this letter, I have additionally followed the DVLA’s own advice as found on the direct.gov.uk website at: LINK REMOVED DUE TO NOT HAVING 10 POSTS This clearly states that I should contact yourself directly at the local office quoting the VRM, Make and Model, the Date of Sale or Transfer and the Name and Address of the person I sold the vehicle to. This has been done in paragraph 4 of this letter, and therefore as you are acting for the Department of Transport I have further notified you of the change of keeper as per your own advice, and in adherence with the legislation. Considering the information contained in this letter, I hope you will see that proceeding with this prosecution is in no means justified, and the matter can now hopefully be considered closed. However, if you do continue with this prosecution then I must advise you I will be seeking my costs back from the DVLA if I am found to be not guilty on the charges. I trust this letter is explanatory in its context and reserve the right to show this letter in court if needed. --------------------------------- So, now I have had what is best described as a "Scare" letter back from the prosecutor - which i will paraphrase from...... "I have received your plea of not guilty concerning an offence under the above act. It is th usual practice at nnnnnnnnnnn Magistrates court that when a not guilty plea is entered the case will be adjourned for trial at a later date to enable you to attend, therefore you are free to attend but there is no requirement for you to do so. " It may help to clarify the case to be presented against you that you failed to notify disposal of this vehicle. To assist..............regulation 22(2) (b) of Part 4 of the Road Vehicles (registration and licencing) regulations 2002 (as amended) the agency issues an acknowledgement letter on receipt of disposal notifications., Information pertaining to is....on V5c......The disposing keeper is advised that should they not receive the acknowledgement letter within 4 weeks of sending they should contact the agency......... I note from your letter that you state you notified the DLVA and therefore carried our your responsibilities and there are no legal requirementrs for you to chase the acknowledgement letter. There is no legal requirement for you to ensure you have received the acknowledgement letter but knowing you did not receive one must have alerted you to the fact that the DVLA had not updated the records. Indeed the....letter is issued to aid the registered keeper. In this instance your case will be adjourned to allow you to attend court and failing proof of notification you will be required to swear on oath that you notified the DVLA. The opportunity to pay the Out of Court settlement of £55.00 is still available to you.........if you have any querues please contact me on the above number. ---------- Now as far as i can see from this 1- The DVLA has assumed that i KNEW i did not recieve the letter. 2 - There is no legal requirement for me to ensure i have received the letter or chase it, therefore if i was unaware i had received it then its a null point 3 - If I attend and swear on oath that i posted the letter then i assume that should be case closed. Does anyone have any advise on how to progress?

hi all and hopefully someone can help, here goes august 2012 i was a new employee for a liverpool building company, after a few months i found work elsewhere and informed them i am moving on, they wanted me to stay but the lure of more money and better prospects was to much, soonb after i recieved a notice forwarded from them of north wales police saying my previous company had named me as a driver with no seat belt, i asked for photographic evidence which was supplied this photo did not clarify anything (to blurry), anyway i recieved a summons from mold magistrate court informing me i was attend a hearing on 15th may 2013 charged with failing to giver driver details, even though i am not the registered keeper, i wrote a letter back to the court telling them that my previous employer are the registered keeper and i could not not name the driver because i have no idea who was driving at the time of offence, june the 14th 2013 i have recieved a letter of the dvla asking for me to surrender my licence, because i was found guilty on 4th june 2013 for failure to provide driver details, i have rang mold magistrate and asked what was the outcome of the hearing, it was 6 points and 503 pound fine, when i told them i was not aware of the hearing on the 4th june they said a letter was sent, which i did not recieve, i asked could i have a statutory declaration, this was declined because they said i knew of the initial hearing on the 15th may 2013, i have today wrote a letter to the magistrate court as advised by the clerk i spoke to, she informed me the letter would be looked at by legal advises and they would decide whether my case should be re opened, this is a copy of said letter Dear sir/madam My name is ***EDIT OUT PERSONAL DETAILS ** , case number **EDIT ** in 2012 my employer c*****in ltd sent me a letter informing me i had a ticket isseud from North Wales police that i had been photographed not wearing a seat belt, i questioned this because i always wear a seat belt since i was in a very serious accident with a lorry in december 2005 when i was the passenger in a pile up, that occasion the seat belt saved my life. Now have asked for photographic proof of last years incident to which this was supplpied and still it did not clarify whether it was me, the picture was very blurred. I was then issued a summons to appear at Mold magistrates on the 15th of May 2013 i sent a letter back saying i could not make that date due to work commitments, the letter also asked me to name the driver of the offence, this i could not do and still can not, the vehichle is not registered in my name but C*****, also i feel i was not driving the vehicle on the day of the offence, i would have thought C**** have a driving log, The next communication i have had since the 15th may, was friday 14th June of the DVLA asking me to surrender my licence because on the 4th of June 2013 i was found guilty for not supplying the named driver, i was unaware i had a court hearing on the 4th of June or i would have attended to give my version of events, i recieved no letter informing me of the second court date, and now i have six points and a 503 pound fine, would it be possible to re-open my case, i have rang Mold magistrate and was informed i cannot have a statutory declaration because i was aware of the first hearing, but the first hearing does not make me aware of the 4th of June date, even so i feel there as been an injustice because i could not possibly know who was driving the said vehicle because it belongs to my previous employer and as to be collected from their yard every morning by numerous people, i hope you can help me with my dilemma, i have moved away from my family in Liverpool for a better upbringing for my children and the only way to see my family is driving, i also work throughout the North West of England, changing sites on a weekly basis and would not be able too with the added premium on my insurance. i have not had a driving offence in 15 years and would ask you please look into my case, i was told when i rang the court to write a letter and the legal advises would look, this is my only chance, thank you for your time **EDIT** i hope someone here can help me