DVLA penalty charge help!!

deanh1

Thanks for the replies, i am going to stick this one out and fight my corner, i have always paid my road tax on time, sent off the correct documents and insured every car i have had, so how they can slap a fine on me for not receiving my paperwork just beggars belief!

Im not bothered about stress, as i dont get affected by it, but if i apy then i am admitting i am guilty which i am not!

Wig

Wig wrote: »

The case of Mr Collins v DVLA is somewhere on the internet, I've read it before from the horses mouth - quite amusing - but I've forgotten where to find it.

Ahh here it is...
http://www.bikechatforums.com/viewtopic.php?p=2336360

Wig

Here you go, to replace the red bit in the letter


The Road Vehicles (Registration and Licensing) Regulations 2002

PART IV NOTIFICATION AND CHANGES

Notification of destruction or permanent export of a vehicle

17. Where a vehicle is destroyed or sent permanently out of—
(a) Great Britain; or
(b) Northern Ireland,

the registered keeper shall immediately notify the Secretary of State of the fact and, at the same time, surrender the registration document to him.

Wig

I would go with something like this

Dear DVLA

RE: Notification of supplemental payment Vehicle XXX XXXX your ref: XXXXXXXX

Further to your last letter of XX/XX/XXX (copy enclosed) I wish to give you one more chance to withdraw your claim against me to pay you £80, for an alleged failure to notify you on my part. I wish to state the facts clearly so that you will understand my position.

I arranged for my car registration XXXXXXX to be dismantled/destroyed on XX/XX/XXXX. I completed the relevant section of the V5 notifying you of the vehicle disposal and sent it to you at that time.

I am aware that the Vehicle Excise and Registration Act 1994 Section 22 requires me to do this in a manner laid out in Regulation 17 of the The Road Vehicles (Registration and Licensing) Regulations 2002 which states:

Notification of destruction or permanent export of a vehicle

17. Where a vehicle is destroyed or sent permanently out of—
(a) Great Britain; or
(b) Northern Ireland,

the registered keeper shall immediately notify the Secretary of State of the fact and, at the same time, surrender the registration document to him.

Regulation 3 part(3) of the same regulations states:
(3) Any application, notification, notice, information, particulars, appeal, declaration or other document or thing given or made in pursuance of these Regulations shall, except where it is expressly provided otherwise, be in writing.

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.”

This Act says that I can assume my notification to yourselves has been effected, by properly addressing, pre-paying and posting the notification. And it would be for you to prove that I had not done this.

I complied with my duties as described above and posted via Royal Mail to yourselves, notice in writing of the destruction of the vehicle. There is no requirement in law for me to chase the DVLA for an acknowledgement.

If you pass this matter on to a Debt Collection Agency I will immediately require of them to cease and desist as the debt is in dispute and require them to refer the matter back to yourselves. Please save everyone's time and withdraw your claim or issue court proceedings immediately.

Yours
Deanh1

If you have any evidence of the scrapping that would also help, because DVLA require proof of scrapping, so a receipt from the scrap man & photos if possible. If you have this evidence then tag on to the bottom of the letter:

"I am happy to show you evidence of the disposal/destruction if you require it."

If you don't have that evidence anymore........ is it because you sent it to them along with the V5/notification of scrapping? In which case they should have to just accept it is lost and possibly give them the name of the scrapp yard dealer you sold it to, for them to make their own enquiries.