Continuous Insurance Enforcement

z3phyr04

I scrapped my previous vehicle back in August and duly sent off the V5 containing the treatment facility details. Heard nothing and kind of forgot about it for a few months as you do with a busy life. Then came the warning from DVLA so I instantly replied with a letter to confirm that I had already sent the V5 off. I heard nothing still so sent another letter at the beginning of January again. Now I've had a fine pop through the door warning me that the car will be clamped and seized (it's been crushed so they'll have a job). Since the DVLA won't speak to me on the phone and I can't get any acknowledgement from them on the matter via my postal messages how is anybody supposed to get through to them?

Surely there is a duty of care on their behalf to update their own systems?

pitkin2020

Just keep phoning until you get through to someone who knows what they are talking about. On average it takes me about 5 operators to get to one that can answer any questions and actually do anything other than just pick up the phone.

Do you have any proof of postage for the V5 and other letters??

z3phyr04

They've all previously just told me that I have to send them a letter, which isn't much use! Unfortunately no, I just put them in the post box on the way to work. I learned by the second letter and sent that recorded, however it was the day before they issued their 'fine'. Unbelievable.

pitkin2020

Personally I would continue down the phone route, problem is you will have to explain your story several times until you get the person who will do something. I had the same thing regarding my car tax refunding, an issue arose and I phone to be told to complete the form and return it nothing they can do, on the 5th operator she did everything that was required there and then and my refund was sent out.

You shouldn't have to do I admit but they are useless and think they make the rules up so the call staff will just pass the buck and tell you to write in 90% of the time.

z3phyr04

I've just spoken again with someone and they have given me a different number than on the letter which simply states "You must communicate by post" on the relevant option (not much use!) so I will have to call that back tomorrow when the department is open again.

wealdroam

There is lots of stuff out there telling us that having sent a letter to the DVLA we can assume that it arrives.

Section 7 of the Interpretation Act says...

7. 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.

Note there is no mention there of requiring a Certificate of Posting.

Note also that someone has to prove that the letter did not arrive.

Trebor16

pitkin2020 wrote: »

Just keep phoning until you get through to someone who knows what they are talking about. On average it takes me about 5 operators to get to one that can answer any questions and actually do anything other than just pick up the phone.

Do you have any proof of postage for the V5 and other letters??

Sorry, this has got to be the silliest bit of advice I have heard regarding a V5 fine from DVLA. It will achieve nothing.

The best thing to do is to write and point out that you have no legal obligation to contact DVLA after 4 weeks if you have not received a confirmation letter. The Intepretations Act also applies and there have been court cases where DVLA have tried to assert that the RK has to contact them after 4 weeks. Judges have rightly kicked it into touch.

www.pepipoo.com have some cases where this has happened so I would post over there.

pitkin2020

Trebor16 wrote: »

Sorry, this has got to be the silliest bit of advice I have heard regarding a V5 fine from DVLA. It will achieve nothing.

The best thing to do is to write and point out that you have no legal obligation to contact DVLA after 4 weeks if you have not received a confirmation letter. The Intepretations Act also applies and there have been court cases where DVLA have tried to assert that the RK has to contact them after 4 weeks. Judges have rightly kicked it into touch.

www.pepipoo.com have some cases where this has happened so I would post over there.

Each to their own hence why I said its what I would do, I would rather continue phoning to get it resolved and know it is resolved than do nothing or end up in court to prove a point. I prefer the easy life, Trebor just likes to fight everything to the bitter end.

Trebor16

pitkin2020 wrote: »

Each to their own hence why I said its what I would do, I would rather continue phoning to get it resolved and know it is resolved than do nothing or end up in court to prove a point. I prefer the easy life, Trebor just likes to fight everything to the bitter end.

So you would pay the fine then?

pitkin2020

Trebor16 wrote: »

So you would pay the fine then?

where did I say that exactly?? I said I would rather continue phoning until the problem was resolved. If after several attempts they weren't playing ball and told me I had to write a letter I would write a letter again for the final time, whilst keeping a copy and sending the original via recorded delivery. IF they choose to ignore that and court was the final option I would have the copy and proof of postage, there would be nothing more I could do!!

Trebor16

pitkin2020 wrote: »

where did I say that exactly??

When you said "I prefer the easy life"

pitkin2020 wrote:

I said I would rather continue phoning until the problem was resolved.

I have yet to see where that approach has worked in relation to a DVLA fine.

pitkin2020 wrote:

If after several attempts they weren't playing ball and told me I had to write a letter I would write a letter again for the final time, whilst keeping a copy and sending the original via recorded delivery. IF they choose to ignore that and court was the final option I would have the copy and proof of postage, there would be nothing more I could do!!

In the meantime you would have wasted all that time on phone calls that got you nowhere.