Dvla - Judgement Set Aside

[runtothehills]

Hi,

 

Help please. I checked my credit reference early this year and found a ccj on it. After checking with the courts I found that the DVLA put it on for unpaid road tax in Feb 2005. I had exchanged my car in Sept 04 so I knew I was not liable and the DVLA sent the fines to an old address, even though I had updated my details with the DVLA. I consequently put in a request for the judgement to be put aside and gave the evidence of the exchange of vehicle and my DVLA up-dated details. I am pleased to say that the judgement was ordered to be set aside.

 

But, the solicitor representing the DVLA stated that I would still have to pay the £100 fine because I did not personally post the registration document ( I had signed and passed the registration document to the dealer as they were passing the car on to a third party). I disputed the fine to the judge in the basis that the DVLA did not oppose my request to put the judgement to one side but still want me to pay a fine on behalf of someone who was illegally driving a car. The judge recommended I take my dispute to the small claims court and have ordered my original application to stand as a defence.

 

Can the DVLA legitimatley expect to make an innocent person pay a fine on behalf of an offender?

And, how can they justify the cost of a solicitor to two hearings as well as the preperation work in order to unethically recieve £100??

Why aren't the DVLA being held to account for NOT pursuing real offenders rather than an easy option?

 

Can anyone help with previous known cases for me to quote or any law that will bring their case into disrepute infront of a judge?

 

My case is being held in August so I need to prepare a.s.ap. to get it in on time. Thanks...

[Rob S]

One thing that may work in your favour is that in 2004 DVLA were just in the process of sending out the current style V5 registration document. if you had the old style document when you sold the car you would have had to give the main part of the V5 to the purchaser and it would be up to them to send in the document with their details as the new keeper. All you would have had to do was send in a tear off slip. Can you confirm the type of V5 that you had?

 

The current style of V5 was bought in so that it was clear that the responsibility to send in a change of keeper now rests with the current keeper. It is signed by the current and new keepers and then it gets sent in. DVLA seem to lose so much post it is unreal and it is advisable to keep photo copies of anything you send them in the future. As an organisation they are untrustworthy and unreliable, in my humble opinion.

[runtothehills]

Hi Rob

 

I had the old style of registration document, I had purchased the car early in 2001 and exchanged it in Oct 2004 for my current car. I handed the main part of my registration document to the dealer.

 

I am taking them to court out of principal but obviously know that that is fine if I have a case to offer the judge. Principal is just not enough in this day and age.

 

Regarding a lack of integrity by the DVLA I would certainly agree with your humble opinion after the conversation that I had with the representative of the DVLA prior to seeing the judge. If I wasn't motivated to do something about this before I certainly was after the patronising way in which I was spoken to by the DVLA representative... sorry I digress.

 

Thanks for your help, it's really appreciated.

[Rob S]

With the old style log book there would have been a tear off slip that you would have set to DVLA. On receipt of it they would have marked the vehicle record as "previous keeper told DVLA no longer keeper", though your details would still be shown as the keeper. Once they received the main body of the V5 they would then amend the keeper details.

 

Have you asked DVLA to provide you with all the details relating to the vehicle and your involvement with it?

[runtothehills]

No, I haven't asked for the details relating to the vehicle and my involvement with it. The first I knew there was a problem was when I spotted the ccj on my credit reference and phoned the courts to ask what it was. I then just followed the 'putting a judgement aside' procedure. I will write to the DVLA for that information. Do you have any idea of the turnaround time for these requests?

 

Thanks...

[Rob S]

Sorry, no. Good luck with the DVLA.