DVLA / Inter-credit Fine

allyd1960

can anyone tell me the outcome of this letter from ICL demanding payment, has anyone actually been taken to court, my son parted with his old van over year ago, and recently go issued with the, what seems to be standard letter for ICLL, is it a scam ?

Pet50

Have just received the identical letter as posted above!
Bit of a shock as I sold the car back to the garage I previously bought it from back in November LAST year!!
They claim I was still the owner when the tax expired Dec 2009. No. The garage was. Spoke to the garage, they don't understand either. The car was sold in May this year to someone else.
If, as they are threatening, the car is impounded, someone's going to be very unhappy!!
Have written and phoned both the DVLA and this company.
Seems they have me as the registered owned according to their records.
Unfortunately, I moved house just after selling the car back to the garage, so they have been sending letters to my old address. I received the first letter on 1st November this year at my current address. Again, not my fault. Wasn't expecting to hear from them!!
Any suggestions??

Wig

The advice depends on what you are prepared to do, what sort of a person you are.

The facts are that if you did declare SORN or notified the DVLA of change of keeper etc whatever they are saying you did not do, then you have complied with your requirements under the law. The law does not require you to receive a confirmation of the action from DVLA and does not require you to chase up the DVLA within 4 weeks or 6 weeks if you have not heard from them.

So as I see it and as seen by others and some lower courts aswell, you have done all that was expected of you and until a court says you didn't, you don't need to pay anything to them.

If you want the letters to go away, just tell the ICL that you dispute the debt and the only you thing you want to hear from them is proof that they have a legitimate claim to the money being requested and that means proof that you did not do what you say you did do. As it will always be your assertion that you did do this action. The only thing they can do and you will accept is to see them in court.

Personally, if it were me, I would just ignore all the letters and not say anything to them, this gives you the possible advantage that they will spend a year or so trying to pressure you before handing the case back to the DVLA, who then may decide it is too late to bother with.

If you write to ICL and give them this ultimatum now, you are giving them the opportunity to take you to the next stage that much sooner, so making a court appearance that much more likely IMHO.

There are numerous different defences to be used against these charges in court. I think it is unlikely they will take you to court, but that's an opinion I have no datawith which to back up.

The first thing you should do is to read this whole thread and follow the links in this thread to other threads and read those threads.

My advice do nothing UNTIL you get a court summons THEN come back here and start a NEW thread asking for help. Or pay the fine. up to you.

m4tty1984

Hi all.unfortunate to say but i am having the exact same problem my self with dvla.here's my story so far.if anyone could give me some advice i would be most apriciated.
On march 27th 2009 i part exchanged my old kawaski er5 to a dealer where we both completed the relevant sections of the log book,i posted the log book to the correct address along with a hand written letter asking that correspondance be sent to my new address as i had just split up from my girlfriend at the time and had moved just before selling the bike.I didnt hear anything for about 5 weeks,so callled dvla,spent 10 mins pressing buttons and listening to msgs to then be told i have to write in....which i did.2 weeks passed and the letter of acknoledgment arrived.end of!!NO!!!!!
I then received a letter from Inter-credit last week (20th nov 2010!!!) to my new address asking if i lived at the old address and to contact them.no refernce on the letter stating what the matter was about at all.turns out in oct 2009 i was issued with the fine for not sorning the vehicle.Absolute rubbish!!!
Since this i have spoken to dvla local office,swansea and also the sidcup enforcement centre who issued the fine.A complaint has been raised with my disgust explained.Am now waiting on a letter from sidcup with evidence from the "microfilm" as to whether or not the log book was received and proscessed??!!I already an incline that they didnt receive the log book as i had to write in.so there will not be a rrecord of that hand written letter being processed as it doesnt contain the barcode they scan to record the process.i know they are going to come back and say they had neither and the fine still stands!!
Any advice on what to do???I have read through all the comments on this page and links and have made notes on quotes and legislations in oreder,i.e postal act,road vehicle act etc.not sure if this quote will help "He said the DVLA could be challenged because it effectively issues fines, without first seeking the power to do so from a criminal court"
please advise as i am not prepared to pay this fine as i have done what i am legally ment to do,but am not legally minded as to what to do next or if it goes to court

Matt

peter_the_piper

As far as I can see post 45 explains all. Its not your fault they have no record of it, you did your bit.

m4tty1984

i know this is going to take some time to sort out.what do you think i should do next if the microfilm comes back says there is no record?the annoying thing is i have all the invoice receipts from the dealer when i bought the new bike at the same time showing the date they took the alleged offending bike into part exchange,but this is apparently not good enough.they need the letter of acknoledgment which technically isnt a legal requirement if im right in saying.i dont have that one bit of paper from nearly 2 years ago!!!

boyse7en

While you are at it, chase up the infamous "removal of categories on driving licences" debacle that MCN and others highlighted.

The DVLA has become a law unto itself and is seriously out of control.

Wig

Would anyone like to explain WHO IN THEIR RIGHT MIND WOULD REPORT FOR ABUSE - A POST FROM THE BBC MONEY BOX RESEARCHER ABOUT THE DVLA !!! AND WHAT SORT OF ADMIN WOULD DELETE IT?

Jobsworth attitudes just because he probably didn't follow board procedure's - probably because he was on a tight deadline for today's show!

Invalidation

I received the infamous letter last year. I photocopied it, Stamped it with my infamous 'Load of Bo**ocks" stamp, wrote on it in red ink "Go for it !" and sent it back to them.
I had the receipt for the Registered post sending the last V5 section back. never heard anything since.
They are blaggers trying it on due to the incompetence of the DVLA. They couldnt prove I hadnt sent it, I could prove I had.. Its as simple as that

rev_henry

Wig wrote: »

Would anyone like to explain WHO IN THEIR RIGHT MIND WOULD REPORT FOR ABUSE - A POST FROM THE BBC MONEY BOX RESEARCHER ABOUT THE DVLA !!! AND WHAT SORT OF ADMIN WOULD DELETE IT?

Jobsworth attitudes just because he probably didn't follow board procedure's - probably because he was on a tight deadline for today's show!

I thought that as well, this place is as bad as the DVLA itself sometimes.