failure to notify DVLA court summons advice

[blinky123]

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

[dx100uk]

there are several instances whereby the DVLA have lost paperwork etc and pull out if you contest their claims.

 

dx

[havinastella]

As DX as stated, defend all, They have to prove YOU never sent the paperwork, not the other way around.

 

Take this all the way to Court.

[heliosuk]

BUMP. Anyone?

[blinky123]

BUMP. Anyone?

 

So how do I contest?

 

Do I just go there and tell them I bloody well sent them a letter and that's the end of it?

 

It seems like such a ridiculous thing to go to court over,

 

the new owner sent off for a new log book so it's not like the car disappeared into thin air.

 

Not like not declaring sorn or anything which I can understand?

 

I will probably be entitled to legal aid,

 

do I get to see a solicitor before the hearing who can tell me what I need to do to plead not guilty?

 

And if I plead not guilty and they still find me guilty does that make the fine worse?

 

Many thanks for advice so far!

[2ltr16valve]

Dvla were on watchdog a little while back about this exact thing. Watchdog looked into their internal mail loss and it was pretty massive !

I would foi them for the figures of lost mail or look around as I would think these figures are about. Then use that as part do your defence. The trick is to raise doubt or disprove what the dvla say.

[heliosuk]

Dvla were on watchdog a little while back about this exact thing. Watchdog looked into their internal mail loss and it was pretty massive !

I would foi them for the figures of lost mail or look around as I would think these figures are about. Then use that as part do your defence. The trick is to raise doubt or disprove what the dvla say.

 

I don't think this is a strong enough case for blinky to go into court with having studied some of the other similar cases. How does one put together a case with prima farce evidence. Blinky, when is it due to be heard?

 

Site team: can you move this post to DVLA issues where it might get some more exposure to people who have been through this before.

[dx100uk]

yes ofcourse

 

sorry I didn't spot it was in speeding.

 

dx

[heliosuk]

Thanks DX.

 

Anyone?

 

Exactly what evidence does Blinky need to present in order to get this thrown out.

 

I don't think just saying I sent a letter and they appear on watchdog is strong enough.

 

What type of offence would this be classed as?

 

 

Civil or criminal?

[dx100uk]

i'm sure theres already a case here presented?

 

if you cant find it i'll look over the w/end

 

dx

[Raykay]

The problem is that sometimes the DVLA do not accept the Interpretation Act defence - claiming that as the legislation does not require that the document is served by post, so the Interpretation Act does not apply, and that it requires the document to be 'delivered' - and not just sent by post.

 

 

 

 

No.6 lost on appeal at Crown Court on that defence:

www.consumeractiongroup.co.uk/forum/showthread.php?345228-Failure-to-notify.-Another-case!&p=3973154#post3973154

[dx100uk]

thanks raykay as always

 

dx

[2ltr16valve]

I wasn't implying using the defence they were on watchdog but use the fact that dvla lose 'X' amount of internal post so it is reasonable that they lost it internally. Just got to prove you sent it which is the hard part without proof of posting