DVLA Late Licensing Penalty

[gwc1000]

I would not send that letter. I think it would be a mistake to ask how to appeal. It puts you on the defensive.

Just write back stating that you fulfilled your legal obligations by sending them the notification of change of keeper, and point out to them that there is no legislation that requires you to persue any acknowledgement letter. Also say that if they disagree that you wish the matter to be dealt with by a Court.

[gwc1000]

I agree. It's a good letter.

[gwc1000]

If you are contacted by a DCA tell them that you dispute any liability and demand they return the matter to their client.

 

I find it interesting that in their letter they have the arrogance to claim the ability to make a decision to what constitutes a defence. That would be a decision for a Court to make.

[gwc1000]

 

So, assuming DCA write to me first, should I reply by letter saying that I am disputing liability and insisting that they return the matter to DVLA, or should I just ignore them?

 

Also? Should I not write to DVLA and state that as the liability is disputed, then they are not in a position to refer the matter to a DCA?

 

I would do both.

[gwc1000]

I cannot agree with lifesontheup. If as he/she suggests the debt/penalty exists in law at the point the DVLA say it does, without an appeal procedure, and the CC route is merely to obtain judgment for an already established debt, surely this would be an instance where the Bill of Rights has been violated? I also would question lifeontheup's phrase "civil offence" it can be one or the other, but not both. If DVLA persue through the CC does that mean that the defendant has not committed an offence?

Edited July 13, 2009 by gwc1000

[gwc1000]

The Role of Continuous Registration Enforcement Centres

 

The above link explains that the DVLA are taking Court action and its through the County Court.

 

Actually the above link does say magistrates court:

 

Maidstone Local Office took the first batch of 15 continuous registration cases to the magistrates� court in July 2004.

[gwc1000]

I'm not convinced that there is any need to respond. However, if you do feel it necessary to reply, you could state that up until such time DVLA are successful in winning a case against you in Court for this matter, no debt exists, and you consider the matter to be in dispute. If it were me, I would also state that I look forward to the opportunity of defending this matter in Court.

[gwc1000]

Why not write to DVLA and Phillips and ask the specific question if DVLA are intending to clamp a different vehicle than the actual vehicle that the LLP is for. And ask for the specific legislation that covers such action. Might be an interesting response.

[gwc1000]

One other point that I'm not sure about, is does DVLA actually have authority to clamp a vehicle that is taxed but is subject to a LLP? I know they can clamp an untaxed vehicle, but is there legislation that allows them to clamp the vehicle in Sweeney Todd's circumstances if he were still the owner?

[gwc1000]

the can only have a go at you for the offending vehicle.

 

cab

Yes, I understand that. But my point is, assume that Sweeney Todd still owned the vehicle that attracted a LLP but which had subsequently been taxed, is there legislation that allows DVLA to clamp the taxed vehicle due to an outstanding LLP, let alone a disputed LLP?

[gwc1000]

Letter looks good to me. I would also send a copy to DVLA.

[gwc1000]

Personally I sense that the DVLA don’t want to take this one to court. If they do then they are dragging their feet.

.

Hi, nephets. I see that Brett Daughtrey (last post in link) is being taken to the County Court. I wonder why and how they cherry pick these cases?

http://www.consumeractiongroup.co.uk/forum/dvla/205549-dvla-sorn-sent-not-2.html

[gwc1000]

I consider it suspicious and unusual that a government body that claims a penalty is due would take the option to use a DCA. The Inland Revenue or HM Customs if owed money can be quick to escalate the matter straight to Court, and persue their claim no matter what the cost to themselves. And they have no qualms about giving a CCJ or obtaining a charge on somebody's property. I cannot imagine that they would ever use a DCA before action. They have no need to, they just use the law. Considering the amount of DVLA cases we see on this forum, why are DVLA not persuing these cases themselves if, as they claim, they have the backing of the law. There has to be a reason for them to outsource the collection, it isn't normal government behaviour.

[gwc1000]

It is interesting that DVLA threaten the possibility of a CCJ. In other words County Court, and not magistrates. If it were me in this case I would write to DVLA and question this very point, and ask for clarification why if in their opinion you have commited an offence they will not escalate it to the magistrates, and also which legislation allows them to persue a disputed penalty through the County Court.