Inter-Credit say the DVLA are preparing a claim against me?! CONFUSED!!

Coupon-mad

Good advice by Paradigm, do follow it asap, sachaX. Let us know how you get on.

Paradigm

As an addition I found this while searching... http://www.consumeractiongroup.co.uk/forum/dvla/249629-dvla-failure-notify-new.html

The DVLA make up the rules as they go along, it's a nice little earner But they still have to work within the law!

Send the letter sachaX & stand your ground... they're getting as bad as PPCs!

Paradigm

More stuff to work with.



1) "The onus is on the customer to ensure we receive the item"?? Since when? It's absolute bullplop!

2) "Although the system of acknowledgement letters is not in legislation" kinda proves there is nothing you need to do other than post the V5!

We're all talking about Private Parking Companys yet here is a government agency using exactly the same tactics!

peter_the_piper

The DVLA will say that "we send a letter we deem it delivered" so the same must apply to you, you sent the V5 by 1st class post therefore, using the same rules as dvla, you can assume they received it. Its not your fault they have lost it along with all the rest of their mail which goes missing.

Paradigm

peter_the_piper wrote: »

The DVLA will say that "we send a letter we deem it delivered" so the same must apply to you, you sent the V5 by 1st class post therefore, using the same rules as dvla, you can assume they received it. Its not your fault they have lost it along with all the rest of their mail which goes missing.

Yep, I've never heard of the DVLA phoning to check if documents they have posted have been received

sachaX

im really scared; got a "last threat" today b4 legal proceedings... im tempted to pay in the morning.. but equally its a lot of money and theyre bullying me!!

So what ur sayin is i need 2 phone DVLA and say what act have i gone against? Where does it say newhere that I need 2 chase up the letteR?

Coupon-mad

sachaX wrote: »

im really scared; got a "last threat" today b4 legal proceedings... im tempted to pay in the morning.. but equally its a lot of money and theyre bullying me!!

So what ur sayin is i need 2 phone DVLA and say what act have i gone against? Where does it say newhere that I need 2 chase up the letteR?

It doesn't say anywhere that you have to chase up to see if they receive it if you send them a letter with a document. That's what we are telling you - the fact you 'did send it' is your defence that you can give in Court. The DVLA can take you to Court but you only have to swear that you did send the V5 to them when you sold the car. Legal proceedings are nothing to panic about if you KNOW you did send that V5 off, let them bring it on! The judge will ask you if you sent the form to the DVLA.

You need to quickly write back to the DVLA (quote all their refs and name, and keep a copy), don't telephone them. Use snail mail, and avoid text speak, it should be a formal letter.

sachaX

Thank u.. so write and ask what is it they claim ive gone against

Paradigm

Try using the quote below as a template & add your own personal stuff, if you want, then send via recorded delivery asap!

I sold this car in [Insert date] and mailed the V5 document via 1st class post. I have now received a letter stating that I was being fined for failure to notify a change of registered keeper.
Below are some legal points of which I have followed.

The Road Vehicles (Registration and Licensing) Regulations 2002

“Change of keeper: registration document issued in Great Britain on or after 24th March 1997 and the new keeper not a vehicle trader
22. (2) The registered keeper of the vehicle -
(a) if the registration document issued in respect of the vehicle is in his possession, shall deliver to the new keeper that part of the document marked as the part which is to be given to the new keeper; and

(b) shall forthwith deliver the remainder of the registration document to the Secretary of State, duly completed to include the following -
(i) the name and address of the new keeper;

(ii) the date on which the vehicle was sold or transferred to the new keeper;

(iii) a declaration signed by the registered keeper that the details given in accordance with paragraph (i) are correct to the best of his knowledge and that the details given in accordance with paragraph (ii) are correct; and

(iv) a declaration signed by the new keeper that the details given in accordance with paragraphs (i) and (ii) are correct.”

Interpretation Act 1978

7 References to service by post

“Where an Act authorises or requires any document to be served by post (whether the expression “serve” or the expression “give” or “send” or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.”


As I previously stated I used 1st class post to “deliver” the V5 document which complies with both regulations above.


The DVLA states that I have no defence because I did not receive confirmation from them. This confirmation letter from the DVLA is not a legal requirement!

sachaX

ive already written and been told tough basically!