Court Summons from DVLA - Great!

Wig

(b) shall forthwith deliver the remainder of the registration document to the Secretary of State, duly completed to include the following -

And you can also say to the court that -as the Clerkenwell County Court found- that the use of the word "deliver" is obviously intended to mean by postal service otherwise it would be a nonsense that the Secretary of State expected people to deliver to him by hand all these millions of documents.

Paradigm

Having thought about this I'd be tempted to write to them again stating that you complied with the relevent law (quoting The Road Vehicles (Registration and Licensing) Regulations 2002) & therefore Section 7 of the Interpretation Act 1978 comes into play! Along with the case number & small description from post #26

Include (another) copy of your scanned V5 & tell them you are not paying & will see them in court! Save the affidavit (not necessary but useful) for court if it happens.

This just could make them think a little & stave off court altogether.

Just my thoughts

bigjl

I had this issue where the DVLA lost my logbook, i took it all the way to court, and ended up £250 lighter.

A mate had the same issue 6 weeks after I had the same issue, posted his logbook as normal, then letter comes through, pay this amount or go to court if you don't, he decided to pay just to be on the safe side.


Now what are the chances of the DVLA losing two logbooks of two friends that live about 40 miles apart within 6 weeks of each other.

I would advise anybody in this situation to pay at the earliest convenience, the court wasn't even interested in the communications act or anything, if you ask me it is a scam to replace lost DVLA budget, i reckon they are throwing them away.

Either that or they have mice that are eating the post down in Swansea.

s_b

a Freedom of Information request to dvla bigjl might show just exactly where the post does or doesnt go

Wig

Bigjl

Would be intersted to hear exactly what your defence was.

I would certainly advise people to go to court using the above defence and inform the court of the 2 other county court case references.

bigjl

My defence was that the DVLA have no record of how much post they actually lose every year, as no records are kept so the DVLA can't blame me by saying that I had not posted it.

My second line of defence was under the communications act if I post something by first class post then I can assume that the paperwork is served on the DVLA from that point on and do not need to keep proof of postage.

The DVLA have lost many cases using the same defence, well actually the truth as I did post it.

The magistrate said that I should have contacted the DVLA after 28 days as I didn't recieve a letter saying the logbook is now being transferred to another owner, which I have only had two of in the last ten years, and remember that I was a P/T Home trader for most of the last 6 years, so have sold on many cars, many of which I had registered in my own name so I could use them for a few weeks.

I had a letter that the DVLA sent me after 28 days as the person I sold the car to lost the green slip and went to the DVLA local office and taxed it.

The entire thing stinks and the sting in the tail was the "victim surcharge", cheeky sods, I'm the victim of their shoddy practices.

My advice just pay the £60.

I also brought along details of other similar cases that had gone in front if a judge after they appealed the magistrate decision, this was ignored and they advised an appeal, after paying the fine of course.

bigjl

Hang on a second, I have just thought it may not have been the communications act I might have got mixed up, it may well have been the Interpretations Act, the one that mentions when you send a letter by first class post you consider it served for the purposes of the act.

Somebody will know much more than I do, I just researched it for my defense, I have no real knowledge, just what I have researched and read on a few forums.

It does seem to be getting very common these days

atrixblue.-MFR-.

was talking to a dvla worker the other day about things like this, i asked, how come so many v5c declarations get lost and then us driver get the fine, he answered 10% never do reach us because RM lose them, another side is that people simply dont send them mostly the elderly who sell private dont realise they have to, and another portion is the sorters get so many envelopes to sort through they "lose them" or not entered onto the sytem as recieved even some "get lost" when their sent in signed for.

he recomended that if i ever sold my car to a dealer or private, is to photocopy the v5 and make it plain to make out the new keepers details with dates on, because when the new keeper fill out a v62 and provide the v5c2 suppliment for a free v5c thats when your sent a fine, you hould send signed for and retain the PO receipt, when the fine lands on you door step, provide the photo copy of both that should be enough evidence to prove you did notify.

he also said to ask when a request for a new v5c we applied for (if it has), he said it maybe that the new keeper wasnt patient enough to wait and after 14days appllied for a new one and the dvla assumed that it hasnt been sent and make up a new copy regardless of recomended wait times are then after 4 weeks lapses if nothing on the system will issue the fine thats when problems arise, because when it is recieved the new keeper will be then issued with a duplicate with MORE RK's on it then you have to send it back for rectifaction.

s_b

atrixblue.-MFR your post is a little confusing so let me clarify
seller and buyer fill in left hand side of v5 and its sellers legal duty to post this (i also always recommend private sellers photocopy or scan this for future reference until the no longer keeper letter arrives up to 6 weeks later,i would further suggest for private sellers to make a note in a diary when this time is and to phone dvla up straight away just before the deadline and say no letter received)
buyer (im assuming private buyer) gets middle section right hand side of v5,this is his proof a log book was present at time of sale and is up to him to make sure he signed the left hand side as i mention he uses this to tax the car or he uses this to prove he is the new keeper and doesnt have to pay the £25 fee
i also recommend this small chitty is timed at pos of handover in case seller of vehicle ran a speed camera the morning before sale (had this but was done by customer 25 minutes after purchase)

ashleypride

soup wrote: »

I know its too late now but always send this type of thing as a 'signed for' delivery, its worth the extra 65p or so, you can check online that it has been delivered, from what sorting office and on what date. If required you could also request the name of the person who signed for it.

Waste of money, just get a Certificate of Posting which is free.