DVLA / Inter-credit Fine

2456710

Comments

  • Paradigm
    Paradigm Posts: 3,613
    Name Dropper Combo Breaker First Post First Anniversary
    Forumite
    I think the law on postal rules could come into play here. If the post is deeded to be the normal method of communication, then it is deemed to have been delivered the second it is placed in the post box. There are variations and other rules to consider but I believe that to be the basic premise and I am not sure small print can be used as a get out.

    You are absolutely correct :) I think you are referring to the Interpretation Act 1978 section 7... this is the very act the DVLA lost it's court cases on!

    Worth a read for anyone in the OP's situation.
    Always try to be at least half the person your dog thinks you are!
  • Strider590
    Strider590 Posts: 11,874 Forumite
    Your screwed, the DVLA are a bunch of ****s for these stupid little fines and they've got every single loophole covered, if you present a valid case they fine you for something else and if you contest that, they'll have something else to get you on.

    Send every correspondence with them by recorded and signed for post, because they like claiming you haven't sent them something and then fining you for that too!

    Also, check your drivers license expiry card (the card section 4B), because they fine you for that expiring and try to extort money from you to stop them reporting you for driving without a license (which carry's a heavy fine).

    In my opinions they're a bunch of criminals who are fully protected by the law.
    “I may not agree with you, but I will defend to the death your right to make an a** of yourself.”

    <><><><><><><><><<><><><><><><><><><><><><> Don't forget to like and subscribe \/ \/ \/
  • Paradigm
    Paradigm Posts: 3,613
    Name Dropper Combo Breaker First Post First Anniversary
    Forumite
    Strider590 wrote: »
    Your screwed, the DVLA are a bunch of ****s for these stupid little fines and they've got every single loophole covered, if you present a valid case they fine you for something else and if you contest that, they'll have something else to get you on.

    Sorry but you're wrong It took me 30 seconds to find this http://www.consumeractiongroup.co.uk/forum/dvla/249629-dvla-failure-notify-new.html

    They certainly haven't got this "loophole" covered as they have also lost in court.

    Strider590 wrote: »
    In my opinions they're a bunch of criminals who are fully protected by the law.

    I agree with the 1st part of the statement but they are not protected by the law on the issue lost V5's etc & any failure to contact them if a confirmation letter isn't received... it's not a legal requirement.
    Always try to be at least half the person your dog thinks you are!
  • Hi guys,
    I too have just revieved one of these SORN letters from ICI, and the advice from you guys on here has been invaluable. I intend to write to them challenging their claim. Has anyone actually been taken to court yet, or even a response from ICI to any of the letters sent?

    Does anyone have any key lines of wording that's particularly effective, or even a template I could use?

    Cheers
  • Paradigm
    Paradigm Posts: 3,613
    Name Dropper Combo Breaker First Post First Anniversary
    Forumite
    machinaj wrote: »
    Hi guys,
    I too have just revieved one of these SORN letters from ICI, and the advice from you guys on here has been invaluable. I intend to write to them challenging their claim. Has anyone actually been taken to court yet, or even a response from ICI to any of the letters sent?

    Does anyone have any key lines of wording that's particularly effective, or even a template I could use?

    Cheers

    Assuming you did actually post the sorn notification & the DVLA lost it??? then read here http://www.consumeractiongroup.co.uk/forum/dvla/249629-dvla-failure-notify-new.html

    Send a copy of the amended letter to ICI telling them you dispute the debt & ask them to refer back to DVLA. Also a copy directly to DVLA stating you are willing to go to court on this issue.
    Always try to be at least half the person your dog thinks you are!
  • Paradigm
    Paradigm Posts: 3,613
    Name Dropper Combo Breaker First Post First Anniversary
    Forumite
    For anyone interested BBC watchdog at 8 pm tonight is supposed to be investigating DVLA complaints... may/may not be worth a watch.
    Always try to be at least half the person your dog thinks you are!
  • bosseyed
    bosseyed Posts: 475 Forumite
    Well this is a timely bump of an old thread!

    Had this letter this morning regarding my old vehicle which I part ex'd at Nissan back in July 2009.

    icil.jpg

    What previous letters? Why aren't the DVLA writing direct? I call bullsh*t on the whole thing frankly. Fail to see how they can clamp and impound a car I don't own. So I'm assuming its a scam of some description and will be ignoring the letter.
  • rev_henry
    rev_henry Posts: 4,959
    First Post First Anniversary Combo Breaker
    Forumite
    I was just going to put the link to the Reg article. I would have said the DVLA are a law unto themselves and can get away with whatever the hell they want, but in light of recent events this is not the case, with regards them claiming to have not received documents. Despite the wording on the V5 there is NO legal obligation on anyone to:
    1. Send documents (change of vehicle ownership etc) by recorded/special delivery services.
    2. To even get proof of postage of sending such documents in normal 1st/2nd class post.
    3. To call the DVLA 5 weeks later or whatever it says to ask whether they've bothered to do their jobs or not, or if they've just decided to 'loose' your documents.

    As long as you put up a decent argument in court the judge will throw the case out. Meantime, tell the debt collectors the debt is disputed; as such they are BREAKING THE LAW if they contact you further about collecting it, until the dispute has been sorted out.
  • rev_henry
    rev_henry Posts: 4,959
    First Post First Anniversary Combo Breaker
    Forumite
    bosseyed - Its not a scam (well it is really but its legitimised by the DVLA, iyswim), but obviously they can't do anything to a car you don't own anymore. Follow Paradigm's advice:

    'I would simply send a letter stating that the car was sold to xxxxx on xxxx date & the correctly filled in V5 was posted to them as required by road vehicles (registration & licencing) regulations 2002 & you have therefore fulfilled your legal obligation.

    It's up to them to prove it wasn't sent, not for you to prove it was!'

    Maybe add that you are therefore in dispute over the debt and they must not attempt further recovery until said dispute is resolved.
    I'm so glad to see that at last the autocracy that is the DVLA is starting to be taken down, slowly, by county court judges.
  • Paradigm
    Paradigm Posts: 3,613
    Name Dropper Combo Breaker First Post First Anniversary
    Forumite
    Love your work Rev... :D
    Always try to be at least half the person your dog thinks you are!
This discussion has been closed.
Meet your Ambassadors

Categories

  • All Categories
  • 342.5K Banking & Borrowing
  • 249.9K Reduce Debt & Boost Income
  • 449.4K Spending & Discounts
  • 234.6K Work, Benefits & Business
  • 607.1K Mortgages, Homes & Bills
  • 172.8K Life & Family
  • 247.4K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.8K Discuss & Feedback
  • 15.1K Coronavirus Support Boards