Collectica and DVLA 'Fine'

[MereKat]

Hello, New here!

 

Last year around End of August, i scraped my old car. Swiftly followed by my V5 being sent off to DVLA to inform them of this and thought all was well.

 

Couple of months ago, i received a letter from Philips (which from what i understand is now Collectica?) advising that i haven't renewed my car tax and have an outstanding fine of £80. I called them and explained i sraped the car and that it wasn't actually a car anymore, more a small box of metal.

 

They advised to speak to the DVLA and see what they say, which i did. I emailed them from the DVLA website explaining this, and they simply returned with:

 

 

Dear Mr Davis

 

Thank you for your email received on 21/12/12. Your email reference number is 1116597.

 

If you have received a penalty letter from a debt collection agency, sent on behalf of DVLA, you should follow the instructions on the letter you have received.

 

If, however, you believe there are circumstances, which should be brought to the attention of the debt collection agency, you must put these in writing. Their address can be found on the front of the letter you have received. This information will then be considered before any further action is taken.

 

Do not reply to this email. If you wish to contact us again about this response then please use our Reply Form or copy and paste the following URL in to your browser:

 

When filling in the form the email reference number 1116597 will be required.

 

Regards

 

C Willard

Customer Enquiries Group

DVLA

 

So, DVLA essentially say 'Do what they tell you'. Now, to this i say NO!

 

As far as i am concerned, i had done what i needed to do. Granted, i obviously didn't receive a confirmation of me not being the owner, but as it can take upto 6 weeks, the thought didn't stay with me for long.

 

I wrote to DVLA and Collectica advising what had happened, and that i am not going to pay an £80 fine for something that is beyond my control. If Royal Mail or, More Likely the DVLA have lost my V5, that is not my fault.

 

Now. Today i receive a 'Court Warning - Final Notice' from Collectica.

 

So, i'm thinking - Do i waste my time calling them and speaking to another person who has absolutely NO personallity what so ever? Do i call the DVLA again? Do i send my letter to them again? Or, do i wait for a possibly letter giving me a time and date to be at Court, then explain it to them?

 

Not being funny, but seriously? I have done what i am required to do, and also written to both parties to advise this...there isn't anything further i can do is there? Aside from paying up, which i'm not going to do as it's not my fault...

 

Anyone have any advise? Could do with some form of logical answer!

[sgtbush]

did you get a certificate of destruction from the authorised treatment facility?

otherwise you should of declaired the car SORN until you did

[MereKat]

did you get a certificate of destruction from the authorised treatment facility?

otherwise you should of declaired the car SORN until you did

 

I didn't. The guy that took it collected it when I was at work. Used the same company a few times an not had a problem until now. He gave me the companies details which were put on my letters aswel, and would have tbought he would also have to inform the DVLA of the vehicles destruction...also the vehicle had valid tax when it was taken

Edited January 31, 2013 by MereKat

[sgtbush]

no, its the registered keepers responsibility to get the certificates and go the the process

[lookinforinfo]

Have you contacted the company that removed your car to see what their side of the story is?

[Classic-car-lover]

Thats terrible, DVLA seem to aggressively chase people all too often, I got clobbered for SORN once, no warning they just sit back and wait for you to fall foul.

[MereKat]

Have you contacted the company that removed your car to see what their side of the story is?

 

They just said to tell the DVLA their details, which i've done. He said they'd had a similar issue before which they resolved for their costumer with the DVLA

 

Thats terrible, DVLA seem to aggressively chase people all too often, I got clobbered for SORN once, no warning they just sit back and wait for you to fall foul.

 

I suppose they can do it because we get reminders for tax/SORN, so we should sort it within the 2-4 weeks they give to do it, but still, a little leeway would be nice!

[sgtbush]

They just said to tell the DVLA their details, which i've done. He said they'd had a similar issue before which they resolved for their costumer with the DVLA

 

 

 

I suppose they can do it because we get reminders for tax/SORN, so we should sort it within the 2-4 weeks they give to do it, but still, a little leeway would be nice!

 

 

 

thats your problem, you didnt follow procedure, they didnt follow procedure, they have had the problem before, what does that tell you

 

read the V5C, it clearly states how to scrap a car, you need the COD from the authorised company breaking the car up, they issue this immediatly

[MereKat]

thats your problem, you didnt follow procedure, they didnt follow procedure, they have had the problem before, what does that tell you

 

read the V5C, it clearly states how to scrap a car, you need the COD from the authorised company breaking the car up, they issue this immediatly

 

With the 5 or 6 previous vehicles i have scraped over the past 7-8 years, i've not had 1 COD to send off, simply sent the V5 off the same way i have this time, apart from one occasion where i couldn't find the V5 and wrote to the DVLA advising the recyclers name and address. Never had 1 problem in the past. I have moved a few times, but have always had post redirected, and still get junk mail from the person living in my 1st house 8 years ago, no letters from the DVLA to inform of any past issues, and each of the scraped vehicles are no longer on their database for re-taxing.

 

When the recyclers said to tell the DVLA their details, this was after i received the letter from Philips, mainly so they could confirm direct that they had the car and it has been destroyed.

 

Another note is that i hadn't received anything from the DVLA to advise that i had not taxed the car, just a letter from philips.

 

Can the COD be duplicated? If i can prove that the vehicle was destroyed would it help? Either way though, surely the DVLA would have told me they needed the COD? Seeing as i heard nothing either they lost the V5, or Royal Mail did. I feel in this instant the relevance of a COD is a little irrelevant as if i did have it, it wouldn't have gotten there anyway.

[Guest Kris_barb]

Email Collectica and dispute the fine. I am going through the same. I have sent an received loads of emails from them. They aren't/weren't philips specialist bailiff etc... They were in fact philips collection service ltd. not quite as intimidating right? They aren't debt collectors, as the fine is not related to a consumer regulated purchase. They actually are certified bailiffs and acting in the capacity of a government enforcement agency who are regulated by CIVEA. Get in touch with your local MP also to challenge the dvla. To complain about the dvla and they're enforcement agency is parliamentary and health.

I have also complained to the OFT as they refuse to deal with the matter because the instigator was the dvla. Now the complaint is with the HEADERC. I literally will not stop until the dvla or Collectica fall. It's been going on for a long time now so I imagine they daren't take me to court. To be honest even if they tried taking me court it would have to be in Europe. They act on behalf of the dvla, the dvla act on behalf of The Lord Chancellor and The Lord Chancellor swears his oath to the queen - as does the judge who would sit down in any English court. Therefore it would be bias and against your human rights. Let me know if you need anymore information or email examples

[brassnecked]

The DVLA are under constant surveillance by BBC watchdog for just this sort of thing, where details are sent in and DVLA lose them.....

[MereKat]

Im writing to collectica tomorrow, and including a letter sent to the DVLA (which I'll resend to them too) telling them what has/appeared to have happened. I'll send them recorded delivery aswell so I have proof this time.

 

Hopefully good reply will come. I've read a few threads about collectica and most are for £100s, wonder how far they will go for £80...? One thing is if it comes to levy notices etc is that I have nothing of value (literally) apart from my car, which is kept in a car park with everyone else's. No set spaces so wouldn't have thought they could 'seize' it?...

[tomtubby]

There is a LEGAL obligation to inform DVLA when you sell transfer or dispose of your car.

 

However......your "legal obligation" is merely to ensure that you post the letter through the large red box with a hole it in ( or take it to a post office). That is IT.

 

Under section 7 of the Interpretation Act unless DVLA ( or anyone else) can prove otherwise, your letter is "deemed" as being served. It is a simple as that.

[brassnecked]

There is a LEGAL obligation to inform DVLA when you sell transfer or dispose of your car.

 

However......your "legal obligation" is merely to ensure that you post the letter through the large red box with a hole it in ( or take it to a post office). That is IT.

 

Under section 7 of the Interpretation Act unless DVLA ( or anyone else) can prove otherwise, your letter is "deemed" as being served. It is a simple as that.

 

Tomtubby you are quite correct, but DVLA as found on Watchdog, have lost letters, and in order to gain a penalty, similar to OP, they claim in magistrates court there is a Legal Obligation, when none exists, to contact them after 4 weeks to check they have the changed details. People on other forums like MSE and Pepipoo, have won in court against DVLA in that sort of case. DVLA are as out of control as Marstons and Rossers.

[ScarletPimpernel]

There is a LEGAL obligation to inform DVLA when you sell transfer or dispose of your car.

 

However......your "legal obligation" is merely to ensure that you post the letter through the large red box with a hole it in ( or take it to a post office). That is IT.

 

Under section 7 of the Interpretation Act unless DVLA ( or anyone else) can prove otherwise, your letter is "deemed" as being served. It is a simple as that.

 

Exactly. My stepson has just had an issue with DVLA, who tried to fine him for not continually insuring a car he no longer owned. In telephone calls and letters he maintained that he had done what he had to do by posting the form, but they summonsed him to the Magistrates Court. With my help he said he'd defend on the basis that he'd fulfilled his legal obligation.On the day of the case, just outside the Courtroom, the DVLA solicitor approached and asked if he still intended to defend; he said yes. The solicitor then said that DVLA would drop the case if he was prepared to settle out of court and pay them £50. He refused, so the solicitor asked for £20. He refused, and said he was certain of his case and would be asking the solicitor to explain to the Bench which law required him to chase DVLA after 28 days. The solicitor then said that they would withdraw the case, and we have just had a letter from the court to this effect. So, they try it on, and may take it to the wire, but they know their claims are on shaky ground.

[brassnecked]

Exactly. My stepson has just had an issue with DVLA, who tried to fine him for not continually insuring a car he no longer owned. In telephone calls and letters he maintained that he had done what he had to do by posting the form, but they summonsed him to the Magistrates Court. With my help he said he'd defend on the basis that he'd fulfilled his legal obligation.On the day of the case, just outside the Courtroom, the DVLA solicitor approached and asked if he still intended to defend; he said yes. The solicitor then said that DVLA would drop the case if he was prepared to settle out of court and pay them £50. He refused, so the solicitor asked for £20. He refused, and said he was certain of his case and would be asking the solicitor to explain to the Bench which law required him to chase DVLA after 28 days. The solicitor then said that they would withdraw the case, and we have just had a letter from the court to this effect. So, they try it on, and may take it to the wire, but they know their claims are on shaky ground.

 

Exactly so SP, DVLA rely on ignorance and neanderthal bailiffs to collect the proceeds of their potentially if challenged malicious prosecution. they are as greedy as the Crapita stitch up.

[Classic-car-lover]

watching this thread, I love it when the david beats the goliath!

[Classic-car-lover]

absolutely shocking!