DVLA / Inter-Credit International Fine

Stroma

Rover_Driver wrote: »

Guidelines are advice, if you read the one you quoted earlier:
http://www.oft.gov.uk/shared_oft/consumer_leaflets/credit/oft1299.pdf
You will see that it advises what should or should not be done, not what must or must not be done.

Guidelines are what they must follow, do you seriously think that dca's that don't follow will be able operate? You are just missing the point completely, and you think that the dvla are somehow above everything and don't have to follow procedures. And that dcas are upstanding companies who must be believed 100%

The dca must provide on demand proof of the debt, no matter what arguments you come back with, this stands!

Rover_Driver

Stroma wrote: »

Guidelines are what they must follow,
The dca must provide on demand proof of the debt,

What legislation requires a DCA to follow any guidelines or provide proof of a debt when dealing with the Late Licensing Penalty?

Stroma

Rover_Driver wrote: »

What legislation requires a DCA to follow any guidelines or provide proof of a debt when dealing with the Late Licensing Penalty?

I am not going forward with this as frankly you are boring me to death with this. All I say is try google

Rover_Driver

Stroma wrote: »

as dca must operate within those guidelines which is actually is entrenched in legislation.

I cannot find any such legislation for the OPs situation, which is why I asked.

Guys_Dad

Stroma wrote: »

I am not going forward with this as frankly you are boring me to death with this. All I say is try google

Stroma, your usual advice on parking matters is pretty accurate. And normally what you wrote about DCAs is accurate.

But in this case, it isn't a civil matter and the DVLA are simply providing an Out of Court settlement option via an agent if the OP wants to avoid going to court re his Penalty charge.

With such Out of court offers from a Govt Agency re a penalty incurred for breaking the continuous licencing legislation the normal civil debt guidelines re disputed civil debt do not apply.

As said before, OP is free to reject OoC offer and await court papers.

AltheHibby

A penalty IS a debt until it's paid. As an accountant I can assure you that is a fact. Until such times as DVLA confirms it is in fact a penalty it is simply a debt collector saying it's a debt.

I'm out of this conversation.

OP, sorry this has happened to your thread.

Rover_Driver

The Late Licensing Penalty is recoverable as a debt due to the crown, but the civil debt dispute guidlines in respect of debtor/creditor disputes are different matters.

spacey2012

Any claim would be for a dishonoured Cheque, but as they have been paid that would not get very far.
A late licensing penalty ?
The OP had the licence and it was renewed on time.
DVLA accepted payment and issued it.
How does this make it late.
I suggest the DCA are trying it on here, as a lack of paper work from DVLA would suggest.
DVLA are starting to work no better than a crooked loan shark and getting in to bed with the wrong people.
I certainly would not be paying anything without some proof of a penalty charge notice from DVLA themselves.
As it stands it looks to have been "invented" by the debt sharks.

Paradigm

Given the circumstances of the OPs "debt/penalty" I'd be referring the matter back to the DVLA, in writing & waiting for the court papers!

1) Although the reason the cheque was returned hasn't been properly established, I'll assume that the OP paid for & received a valid RFL disc in good faith.

2) The DVLAs delay of 3 months in informing the OP that the cheque had been returned (at which point the OP paid in full) largely contributed to the alleged "debt". Short of phoning the bank to check (why?) the OP had no way of knowing that the licence fee had not been paid.

3) The DVLAs record in court cases on these matters isn't the best & I'd be pretty confident of this going nowhere near court, if it did I reckon the OP would have a very good chance of winning.

Guys_Dad

Paradigm wrote: »

Given the circumstances of the OPs "debt/penalty" I'd be referring the matter back to the DVLA, in writing & waiting for the court papers!

1) Although the reason the cheque was returned hasn't been properly established, I'll assume that the OP paid for & received a valid RFL disc in good faith.

That's the question that we should have asked early on. And if the RFL was sent to the correct address, then why not the letters? That needs clarifying to tidy things up.

So, OP

1. Was RFL sent to you at the correct address in June/July?
2. Did you move house between June and October?
3. If so, did you inform them and were the letters sent to the June address?

If the DVLA sent the RFL to the right address and the letters to a different previous address, don't pay and go to court. You should then be able to show incompetence on their part and have the fine/penalty quashed.