DVLA Failure to Notify.

[old bill]

hi, I have recently received a letter from Martsons Group, saying that i have an unpaid fine,

Now i have posted this in a section where by someone got a letter from these baliffs there also.. .but it goes further..

I have received information from marstons saying that this fine was due to "failure to notify the secretary of state of a notification"

But my story is;

 

I have only ever had one car in my name, and i changed it over to my father in laws name as its cheaper for me an my family to insure me as a named driver.

now, i know the v5 is now in his name an has been for around 2 years.

Never took the vehicle off the road and always been taxed on time.

 

Can anyone help on why i would have this "failure to notify", or even what i can do about it?

 

Did you send the relevant part of the V5C to DVLA when you transferred ownership of the car to your father-in-law? If so, DVLA are treading on unsafe ground, legally. If you didn't, then, yes, you are in breach of the law. Assuming that you did notify them, where is the documentation of the proceedings Marstons claim DVLA brought against you? If you have received no documentation, including a summons, then Marstons need to be told. You also need to get onto DVLA straight away and ask them to explain what is going on. Also, see Post #22.

[jonnyseptember]

hi, I have recently received a letter from Martsons Group, saying that i have an unpaid fine,

Now i have posted this in a section where by someone got a letter from these baliffs there also.. .but it goes further..

I have received information from marstons saying that this fine was due to "failure to notify the secretary of state of a notification"

But my story is;

 

I have only ever had one car in my name, and i changed it over to my father in laws name as its cheaper for me an my family to insure me as a named driver.

now, i know the v5 is now in his name an has been for around 2 years.

Never took the vehicle off the road and always been taxed on time.

 

Can anyone help on why i would have this "failure to notify", or even what i can do about it?

 

Unfortunatly the DVLA are insane so you will never find out WHY they do this, but I can assure you its not for public safety its for profit. I'm in two minds as to whether they are LIARS or they have a very bad computer system.

 

The Bailiffs have either been (1) sold the alleged debt or (2) have a court order. You need to find out which is the case.

 

If they had a court order (2) then do a STAT DEC and it will go away.

 

If they just brought the debt (1) then write to the Bailiffs, send them NOTICE OF DENAIL OF IMPLIED ACCESS, and Reference that you have not given ANY permission for them to INTERVEEN AS A 3rd PARTY in this matter between YOUR NAME and DVLA. (You are protected by some other STATUTE on this and they know it full well)

 

Do some research it is very educational and shows you what governments are really about. I have also done some FOI requests I will post here when they come through which will reveal how they Shred these V5 documents after they are entered on a system. This FOI request is public record and it can be referenced by everyone in their correspondance/court hearings in the future, and hopefully reduce this nonsense.

[old bill]

Unfortunatly the DVLA are insane so you will never find out WHY they do this, but I can assure you its not for public safety its for profit. I'm in two minds as to whether they are LIARS or they have a very bad computer system.

 

The Bailiffs have either been (1) sold the alleged debt or (2) have a court order. You need to find out which is the case.

 

If they had a court order (2) then do a STAT DEC and it will go away.

 

If they just brought the debt (1) then write to the Bailiffs, send them NOTICE OF DENAIL OF IMPLIED ACCESS, and Reference that you have not given ANY permission for them to INTERVEEN AS A 3rd PARTY in this matter between YOUR NAME and DVLA. (You are protected by some other STATUTE on this and they know it full well)

 

Do some research it is very educational and shows you what governments are really about. I have also done some FOI requests I will post here when they come through which will reveal how they Shred these V5 documents after they are entered on a system. This FOI request is public record and it can be referenced by everyone in their correspondance/court hearings in the future, and hopefully reduce this nonsense.

 

Once entered onto the DVLA system by the Central Capture Unit at DVLA, all returned V5Cs and parts thereof are securely destroyed by shredding for security reasons. SARs will catch out a lot of government departments and large companies and are often worth the £10 fee. As Jonnyseptember says, researching legislation is educational, but it gives you a better understanding of the law, how it works and how you can use it to your advantage.

[jonnyseptember]

Once entered onto the DVLA system by the Central Capture Unit at DVLA, all returned V5Cs and parts thereof are securely destroyed by shredding for security reasons. SARs will catch out a lot of government departments and large companies and are often worth the £10 fee. As Jonnyseptember says, researching legislation is educational, but it gives you a better understanding of the law, how it works and how you can use it to your advantage.

 

They admit that they destroy all records so call them on this too. I can't post the like unfortunately but I will in the next few weeks. They openly spend 1000's on document shredders...

 

The SAR - even if it doesnt show the scan of your notice, they still don't have a case. And as for understanding the law, you are right OldBill, unless you speak your rights you have none.

 

If you were sent a speeding ticket and didnt answer to it, and you went to court, openly admitted that you shred all your tickets and went on to say that you never saw that one, do you think the judge would believe you ?

 

Besides, the burden of proof is on the DVLA according to the Interpretation Act 1978:-

 

 

Where an Act authorises or requires any document to be served by post (whether the expression seve 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."

 

 

Plus The Bill of Rights Act 1689 Fines are illegal under constitutional law.

 

 

"Grants of Forfeitures.

That all Grants and Promises of Fines and Forfeitures of particular persons before Conviction are illegall and void."

[old bill]

I think you'll find they microfiche them before destroying them. The Criminal Records Office (CRO) did this 25-odd years ago as they started running out of space at New Scotland Yard. As to the burden of proof, unless stated otherwise by statute, the onus is always on the Complainant/Plaintiff. If DVLA cannot provide evidence to substantiate their allegations, they have no case. The Interpretation Act 1978 is perfectly valid in this case.