DVLA Failure to Notify... complicated...court summon... advice needed

[icejam]

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.

[renegadeimp]

If you filled in the correct form and sent it by post when you sold the car, then its not your problem. The DVLA dont like to admit they make mistakes so pressure the last known owner when they misplace or lose documentation.

 

Someone else can advise on court procedures, but it should be as straightforward as saying " i filled in the form, and posted as instructed." Anything afterwards is not your legal responsibility. Due to the amount of times DVLA are doing this to people lately, it is highly advised to get proof of posting when sending off the form.

 

 

However, since you had zero notice of the court action, you should be able to get the judgement set aside or even thrown out.

[paul kennedy]

No you don't need a lawyer or Barrister to deal with a basic mistake like this. Plenty of expertise on this forum to deal with both setting aside the judgement and then winning the case should the DVLA be stupid enough to pursue it, and they might be.

 

Initially get the judgement set aside and see where it goes from there. I have been through this situation myself so dont hesitate to ask here if you want any support. Your defence is sound. Best wishes Paul

[renegadeimp]

Dont pay it. Go to court and tell the judge the law. DVLA seem to be doing this a lot.

 

Once you have sent the form in the post, it is no longer your responsibility. You even chased it up every few weeks as they advised.

 

Again, once you have posted the form in the mail, your responsibility ends.

 

Their problem, not yours.