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Debt Recovery Notice
angel81uk
Posts: 429 Forumite
Ok, I hope you're sitting comfortably as this is an odd one! I'll start by briefly stating some facts and info and then go on to explain in more detail.
1) April 2009 my car which was declared SORN was illegally towed from my privately owned parking space and impounded by a company working on behalf of the DVLA. (They drove past in their tow truck, saw it wasn't taxed, thought the private parking space was public so towed it without warning).
2) The company working on behalf of the DVLA refused to agree that the parking space was privately owned. The DVLA were not willing to get involved in the dispute.
3) November 2009 I was called by the company who had impounded the car to say they were releasing it without charge and they would deliver it to the location it was towed from
4) The car was never returned :mad: and it's whereabouts is unknown.
5) 20 months from the car being illegally removed I have received a debt recovery notice from a company on behalf of the DVLA who want me to pay an out of court settlement of £80 as the registered keeper of an unlicensed vehicle. (Unregistered since April 2010)
6) I want to dispute the debt on the grounds of not being able to license the vehicle/declare it SORN/de-register as the registered keeper/report the vehicle as stolen.
Ok, so that's the condensed version.
It's great that they finally admitted wrong doing in taking the vehicle from private property (this is on record at the DVLA), however the records show that the vehicle was returned to me in Nov 09 and a voicemail was left for me and they apparently have photographic proof of the return. They most definitely did not return it to me, my street or the immediate vicinity, I have signed nothing to say I have received the car back and I never received a voicemail informing me that it had been returned.
The records then say that the car was towed a second time from my street and returned again, but this time the records show that it was returned to my street but they made no attempt to inform me of the return. This is where their records end. They don't know where the car is and I haven't seen it since April 2009.
I am still the registered keeper for this vehicle. If you take a look at a V5 logbook you will see there is no form to fill in and return that covers these circumstances that will remove me from being the registered owner of the vehicle. So yes, I'm the registered keeper of an unlicensed vehicle. But how can I license it? No one knows where the car is so I can't MOT and insure it to get a tax disc. I can't declare it SORN as I cannot declare that it will be kept off the public highways (making a false declaration is an offence). I can't even report it as stolen as the Police won't give me the time of day because as far as they are concerned it was seized by the DVLA :mad:. So the DVLA have lost my car and now their debt collection agency is threatening legal action unless I pay £80. (I particularly like the part in the letter that states the vehicle may be clamped and impounded. They're welcome to.... if they can find it! :rotfl:)
I've contacted CAB who put me on to National Debtline. They advised me to dispute the debt in writing with both the DVLA and their debt collection agency (and to seek legal advice with regards to getting the car back/some form of compensation). The claim is that I am the registered keeper of an unlicensed vehicle, which is correct, but only because there is no way for me to stop being the registered keeper or license the vehicle. I'm hoping someone here would be able to help me draft a letter as it's a pretty unique case and I'm really not sure how to argue this one with them!
I'd be really grateful of any suggestions!
1) April 2009 my car which was declared SORN was illegally towed from my privately owned parking space and impounded by a company working on behalf of the DVLA. (They drove past in their tow truck, saw it wasn't taxed, thought the private parking space was public so towed it without warning).
2) The company working on behalf of the DVLA refused to agree that the parking space was privately owned. The DVLA were not willing to get involved in the dispute.
3) November 2009 I was called by the company who had impounded the car to say they were releasing it without charge and they would deliver it to the location it was towed from
4) The car was never returned :mad: and it's whereabouts is unknown.
5) 20 months from the car being illegally removed I have received a debt recovery notice from a company on behalf of the DVLA who want me to pay an out of court settlement of £80 as the registered keeper of an unlicensed vehicle. (Unregistered since April 2010)
6) I want to dispute the debt on the grounds of not being able to license the vehicle/declare it SORN/de-register as the registered keeper/report the vehicle as stolen.
Ok, so that's the condensed version.
It's great that they finally admitted wrong doing in taking the vehicle from private property (this is on record at the DVLA), however the records show that the vehicle was returned to me in Nov 09 and a voicemail was left for me and they apparently have photographic proof of the return. They most definitely did not return it to me, my street or the immediate vicinity, I have signed nothing to say I have received the car back and I never received a voicemail informing me that it had been returned.
The records then say that the car was towed a second time from my street and returned again, but this time the records show that it was returned to my street but they made no attempt to inform me of the return. This is where their records end. They don't know where the car is and I haven't seen it since April 2009.
I am still the registered keeper for this vehicle. If you take a look at a V5 logbook you will see there is no form to fill in and return that covers these circumstances that will remove me from being the registered owner of the vehicle. So yes, I'm the registered keeper of an unlicensed vehicle. But how can I license it? No one knows where the car is so I can't MOT and insure it to get a tax disc. I can't declare it SORN as I cannot declare that it will be kept off the public highways (making a false declaration is an offence). I can't even report it as stolen as the Police won't give me the time of day because as far as they are concerned it was seized by the DVLA :mad:. So the DVLA have lost my car and now their debt collection agency is threatening legal action unless I pay £80. (I particularly like the part in the letter that states the vehicle may be clamped and impounded. They're welcome to.... if they can find it! :rotfl:)
I've contacted CAB who put me on to National Debtline. They advised me to dispute the debt in writing with both the DVLA and their debt collection agency (and to seek legal advice with regards to getting the car back/some form of compensation). The claim is that I am the registered keeper of an unlicensed vehicle, which is correct, but only because there is no way for me to stop being the registered keeper or license the vehicle. I'm hoping someone here would be able to help me draft a letter as it's a pretty unique case and I'm really not sure how to argue this one with them!
I'd be really grateful of any suggestions!
0
Comments
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Also post on pepipoo.com as this sort of thing is right up their street.I'd rather be an Optimist and be proved wrong than a Pessimist and be proved right.0
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peter_the_piper wrote: »Also post on pepipoo.com as this sort of thing is right up their street.
Thanks, I will!0 -
Ah but was the privately owned land owned by you.
It makes a difference.make the most of it, we are only here for the weekend.
and we will never, ever return.0
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