late licensing penalty, help

falconsirrus

im going to send the following to the dvla
can anyone see any errors or problems with this
thankyou.

Dear Sir / Madam,

I am writing to you reference a letter to me with regards to the Late Licensing Penalty you have issued me for vehicle registration N***Y (reference 26****03)

The V5c was posted first class to yourselves on the day that I sold the car (end of march 2012 over a year ago).

I now have 'Collectica' Debt Collection Agency harassing me for the alleged debt of £80.
I will not be paying 'Collectica' Debt Collection Agency, or the DVLA the £80 'fine' as I feel it is extremely unfair that I am being bullied to pay a 'debt'
when I have sent you the V5c for N****Y, notifying you that I was no longer the keeper of the vehicle.
I am prepared to swear to this in a court of law if necessary as I can honestly say I sent the V5c on the day I sold vehicle.

There is no legal requirement for me to notify you if I do not receive an acknowledgement letter, as stated under s.7 Interpretation Act 1978
"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."

I find it appalling that I am being treated in this way when I did sent the V5c to yourselves, i also now consider the matter closed

Kind Regards

Quentin

You have posted this in the parking fine forum.

In any case pepipoo is a better place to get sound legal advice on problems like this.

Stroma

Why are you even writing to them ? From past experience the dvla will not take you to court, and the debt collectors are just useless scumbags, ignore them unless they issue a claim against you.

Coupon-mad

Stroma wrote: »

Why are you even writing to them ? From past experience the dvla will not take you to court, and the debt collectors are just useless scumbags, ignore them unless they issue a claim against you.

This is true, you need not worry - and even if you are taken to Court the DVLA lose these cases as the judges seem to know they just try it on.

There are threads about this on CAG that I have seen and these cases if they do go to Court are not won by the DVLA if the person just shows up and says 'I did post it'. If you posted your V5c to the DVLA when you sold the car then that was all that was required.

You could send the letter but certainly don't lose any sleep over it and do not let any debt collector letters bother you at all.

paddedjohn

OP, im in exactly the same boat as you even the dates are the same, im on my 4th letter from collectica now and i have ignored all of them. Do as i am doing, wait and see if they try to take it to court and have fun with them.

falconsirrus

have fun with them, love it. think i will wait as this is only the first letter from them, thank you
i already know i would win if went to court, and could claim back the tip costs, but could i get anything out of the dvla for upsetting me ect,,,
like when you get hit in a car, (little tap) "omg you broke my back, i need hospital",

lindseydarvell

It is your responsibility to ensure that you receive an acknowledgement letter back in the post regarding the matter, this is due within 4 weeks. It is stated on the document that you should ring back within 4 weeks if you have no response. You won't be taken to court but the debt will remain outstanding.

Coupon-mad

lindseydarvell wrote: »

It is your responsibility to ensure that you receive an acknowledgement letter back in the post regarding the matter, this is due within 4 weeks. It is stated on the document that you should ring back within 4 weeks if you have no response. You won't be taken to court but the debt will remain outstanding.

No, it isn't, not in law, and judges have said as much.

Stroma

lindseydarvell wrote: »

It is your responsibility to ensure that you receive an acknowledgement letter back in the post regarding the matter, this is due within 4 weeks. It is stated on the document that you should ring back within 4 weeks if you have no response. You won't be taken to court but the debt will remain outstanding.

Complete garbage, it's been thrown out of court a number of times. The argument is that if dvla posts out a letter not recorded, it's deemed delivered by them, but if a member of public posts without it being recorded its deemed not delivered by the dvla. So they want it both ways when it suits them.