DVLA threat-o-gram

specialboy

In May 2012 I sod my van, I posted off the v5 informing of change of keeper and thought that's that. Roll forward to November 2012 and the DVLA send me a charge/fine fr not taxing the van, I wrote to them telling them that I was no longer the owner of the vehicle so wasn't liable for any fines but carried on getting threats off then mid way through 2013 when I informed them that if they wanted to take it further then take me to court as I would be using the communications act in my defence. Heard nothing more so thought they had backed off bot roll forward to this week and I've received an invitation to pay £80 from another debt collection agency informing me that if I don't pay then I 'may' end up in court.

bryanb

Did you receive confirmation the vehicle was no longer in your name? It's up to you to check.

Nodding_Donkey

bryanb wrote: »

Did you receive confirmation the vehicle was no longer in your name? It's up to you to check.

That's what DVLA would like you to think

specialboy

Can't remember if I did or not but the communications act says once its posted its deemed delivered.

bod1467

Did you get a certificate of posting when you sent off the V5 slip? If not then you have no proof that you sent it; if yes then I believe it is the Interpretations Act 1978 that you will be relying on, not the Communications Act.

Coupon-mad

Google 'Collectica DVLA court V5' which finds lots of results because I recalled that this has been discussed on forums lots of times before.

Sometimes the DVLA take people to court over it and the person WINS when they simply tell the judge that they DID send the V5 off (you don't have to prove it, as you say it is 'deemed delivered' if posted). Happens a lot according to a thread I read last year, the DVLA list a load of cases for court knowing that some people will just pay up (and yet those who defend it do not end up paying).


HTH

bazster

bod1467 wrote: »

Did you get a certificate of posting when you sent off the V5 slip? If not then you have no proof that you sent it; if yes then I believe it is the Interpretations Act 1978 that you will be relying on, not the Communications Act.

His own sworn statement is evidence that he sent it. It's not proof, but it is evidence, and it's stronger than any evidence DVLA can adduce that he didn't send it, because they have no such evidence.

bod1467

Good point.

Are these cases small claims? Or are they criminal cases? (I'm guessing small claims, but I'm not sure if there's statutory authority behind these claims hence why they may be criminal).