DVLA / Inter-Credit International Fine

Rover_Driver

SodG24 wrote: »

That's not true - a number of court cases brought by DVLA have failed. When you send something to DVLA they claim that the onus is on the sender to make sure DVLA get whatever is sent. On the other hand they argue that by the very act that they send something to you then the onus is on YOU to tell them you haven't received something.

A number of courts have throw out the DVLA cases because it's unfair that the onus is on the driver whichever way documentation is sent and that DVLA claim they hold no responsibility for ensuring their own documentation arrives. DVLA can't have it both ways !

Unlike the criminal cases which DVLA often discontinue or lose, this matter is the Late Licensing Penalty - a civil debt - and dealt with at County Court.

If a licence is not taken out, on or before the expiry of the existing one, the penalty is automatically due. It is an administrative matter, there are no documents involved.

Stroma

Rover_Driver wrote: »

Unlike the criminal cases which DVLA often discontinue or lose, this matter is the Late Licensing Penalty - a civil debt - and dealt with at County Court.

If a licence is not taken out, on or before the expiry of the existing one, the penalty is automatically due. It is an administrative matter, there are no documents involved.

Of course there's documentation involved, do the dvla expect people to be psychic as well ? The OP is entitled to know whether the debt is real and that would be by the notification in writing that was sent to the wrong address.

Rover_Driver

Stroma wrote: »

Has he ? Don't think the dvla or dca know that unless they trawl this forum! It still comes down to what the OP is legally entitled to, and that is proof that the debt exists, remember its a dca writing to him and not the dvla.

The DVLA will know the debt exists as they hold the licensing records which will show the date that a licence expires, and the date when a new one is taken out. If there is a gap in those dates, and the Late Licensing Penalty automatically becomes payable.

It is the gap between those dates that creates, and is the proof, that the debt exists. The DCA are dealing with it on behalf of their client, the DVLA.

Stroma

Rover_Driver wrote: »

The DVLA will know the debt exists as they hold the licensing records which will show the date that a licence expires, and the date when a new one is taken out. If there is a gap in those dates, and the Late Licensing Penalty automatically becomes payable.

It is the gap between those dates that creates, and is the proof, that the debt exists. The DCA are dealing with it on behalf of their client, the DVLA.

But they haven't told the OP this! They wrote to the wrong address its that simple! The OP hasn't said whether its because he hasn't updated his address or it was changed recently.

But as he disputes this the dca must acknowledge the dispute and give it back to the dvla if no payment is made.

Rover_Driver

Stroma wrote: »

Of course there's documentation involved, do the dvla expect people to be psychic as well ? The OP is entitled to know whether the debt is real and that would be by the notification in writing that was sent to the wrong address.

The reason for the claim is in the letter - s.7A, Vehicles Excise & Registration Act 1994.
It is an administrative matter, there are no documents involved in the creation of the claim.

Rover_Driver

Stroma wrote: »

But as he disputes this the dca must acknowledge the dispute and give it back to the dvla if no payment is made.

If he disputes the matter, or doesn't pay the penalty, that is exactly what the DCA will do.

Stroma

Rover_Driver wrote: »

The reason for the claim is in the letter - s.7A, Vehicles Excise & Registration Act 1994.
It is an administrative matter, there are no documents involved in the creation of the claim.

Look it may as you suggest automatic, but to suggest there are no absolutely no documents involved is beyond ridiculous. What happened to all those letters they allegedly wrote to the OP ?

Guys_Dad

Stroma wrote: »

At the end of the day it's not up to us to decide what the OP is to do, all we can do is offer the advice and the OP decides which he follows.

That we agree on 100%. I think that the alternatives have been aired and the OP has sufficient info to decide whether to pay the £80 or take a "double or quits" chance with the court.

So, OP, what are you going to do?

Just for information about the relationship between the DVLA and the DCA, to clear up any lingering doubts as to whether it is a genuine scam (if you see what I mean), this thread http://www.consumeractiongroup.co.uk/forum/showthread.php?164924-DVLA-fine-through-intercredit indicates that the DVLA have used them for over 4 years. Ignore the content as it is not the issue

Rover_Driver

Stroma wrote: »

Look it may as you suggest automatic, but to suggest there are no absolutely no documents involved is beyond ridiculous. What happened to all those letters they allegedly wrote to the OP ?

There are no documents involved in the creation of the debt.

There may have been letters sent by DVLA which were not replied to, so they employ a DCA to deal with matter on their behalf, which is common in similar commercial cases.

japmis

To reiterate: I've not received ANY letters from the DVLA re: fine/penalty (or for any other reason!).

I've decided to pay up because I cannot risk anything showing on my credit file a month before I apply for my first mortgage