DVLA Summons

[cricket67]

Hi,

 

At the beginning of October 2014 I decided to scrap the car I was then driving, as it was basically falling apart. It was taxed and MOT'd at the time.

 

I contacted what I believed to be a reputable car scrapping company to come and pick the car up from my parents' drive - parking where I live is a nightmare -they did so - (my father even recorded it in his diary it was such a memorable even for him..)

 

The car was duly picked up at the start of October - the company web-site said they would do all the necessary DVLA stuff - and to my mind that was that.

 

Fast forward a couple of months - and I started getting 'reminders' from the DVLA that I was still the Registered Keeper (RK) etc..

 

At first I phoned them up to explain what happened - but this did not seem to resolve the issue.

 

At last, in late April early May, I read the reminder properly and saw the bit about writing to the DVLA to confirm that I was no longer the RK.

 

I did so mid-May - but did not send this letter recorded or special delivery..

 

To cut to the chase - I have just received a Form 144 APR 'Requisition' to appear before a Magistrate's Court - miles from where I live.

 

The case being put forward by the DVLA is that I did not acknowledge that I was the RK of said vehicle before 12/06/15.

 

I am pretty annoyed about this - as I don't see what I have done to deserve the requisition.

 

I have tried to contact the scrapping company I used

 

- but they were not helpful

- I gave them the V5 doc when they took the car for scrapping...

 

All I have is my word against the DVLA

- I've half a mind to plead not guilty and ask for the case to be moved to a Magistrates Court nearer where I live.

 

My worry is how to plead not guilty in front of court

- as I am sure that the DVLA will have a brief to represent them..

 

By the way - jus to make things clear - I understand that I should have received acknowledgement from the DVLA to my letter stating that I am no longer the RK of this vehicle.

 

To this date - I have not received any such acknowledgement from the DVLA..

 

Any advice?

Edited September 12, 2015 by cricket67

[Old Cogger]

V5 had panel for you to send to DVLA, sounds you gave the whole form to scrap yard? DVLA are a menace to society & [edited] for their own incompetence, met organisations and their lack of admin skills in the past.

Edited September 12, 2015 by honeybee13
Potentially libellous term removed.

[mikeymack2002]

The v5 has a section that YOU or the RK to fill in stating that the vehicle has been permanently scrapped since you failed to fill in this part of the form DVLA are coming after you about it. As for your defence state this fact to the bench that the scrappers would deal with it, but the DVLA will then say it is the RK's responsibility to fill in the form correctly and return it themselves...

 

 

Until then the RK will be held accountable for all PCN's and other issues, always fill in the form and hand the correct section to the new keeper and then return the rest to the DVLA...

[cricket67]

Thank you very much for your advice.

 

I realise now that I should have been more careful with the V5... Leaving it to the scrap yard to sort out is a recipe for disaster..

 

However, for me - the main bone of contention is that the DVLA is stating that on the 12/06/15 - according to their records I was still the RK of this vehicle and thus are liable for any pursuant fines..

 

This infuriates me as I sent a letter to the DVLA mid-May stating I was not the registered keeper - this was on the advice during a telephone call with a helpful DVLA operative. I did not send it recorded or special delivery - as there was no indication from the DVLA operative that I should do so.

 

No acknowledgement from the DVLA of receipt of this letter - until now when I get a summons...

 

Is stating that the DVLA has misplaced my letter a reputable line of defence?

[mikeymack2002]

Unless you have a copy of the letter and proof of postage you may be on a sticky wicket. We advise posters that they should always get proof of postage which is free so this sort of thing can be defended, as in this case. You maybe able to argue that because the DVLA is so vast and so many operatives a letter could easily end up in the wrong place.

 

 

This argument has been used many times in the past and most likely always will be.

 

 

A note to any other readers when dealing with the DVLA please remember to ask for proof of postage and keep this safe at all times, you as the RK are responsible for the V5 and updating your driver records, you can as in this case regret not getting something for free...

 

 

Furthermore always defend your case in Court and NEVER EVER fail to attend your case as you may receive a fine at a much higher level, then you may be subject to a very short collection order due to no MC100 form being filled in and presented at your hearing....

 

 

Again this could lead to significant financial penalties for you... Namely the BAILIFFF