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9 year old fine re sale of car

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Comments

  • facade
    facade Posts: 8,170 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 15 June 2018 at 2:59PM
    There is no legal requirement to chase up non-receipt of confirmation. (I doubt very much if the word must actually appears in print, it doesn't on any V5 I've seen)


    There is a legal requirement to notify the DVLA by sending the V5 back (or online nowadays).


    I suppose simply producing one of the articles where the DVLA put a number on the "vanishingly small percentage" of mail they simply lose, and multiplying that by the number of forms they get, (in conjunction with them admitting in print that you might need to follow it up) would be sufficient to cast doubt on the DVLAs assertion that you didn't comply with point #2.



    However for £35 how much time are you prepared to waste over it?
    I want to go back to The Olden Days, when every single thing that I can think of was better.....

    (except air quality and Medical Science ;))
  • davidwood681
    davidwood681 Posts: 881 Forumite
    Good of you to come back and give an honest outcome.

    Many on here come back and say how the whole forum was wrong and not only did they win they were awarded money for their troubles
  • Stoke
    Stoke Posts: 3,182 Forumite
    Alas the "presumption of service" which is written into parts of the Road Traffic Act and the Road Traffic Offenders' Act" only applies to specifically mentioned documents sent by the authoriies to motorists in connection with motoring allegations. It does not work in reverse.

    However, your husband has probably been advised to make a "statutory Declaration". This is to swear that he knew nothing of the proceedings that led to the fine. This nullifies the original action and whilst it may not be the end of the matter it means he will only be liable to pay a fine equivalent to the amount he would have paid had he dealt with the matter immediately it arose.

    This guy knows.

    Do this.
  • Marvel1
    Marvel1 Posts: 7,535 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    julie777 wrote: »

    Personally I do not think that the DVLA always SENT confirmations.
    If anyone knows when that began I'd be interested to know. It wasn't something we could prove in court so had to let it go.

    I had one in 2004.
  • julie777
    julie777 Posts: 416 Forumite
    Part of the Furniture 100 Posts Name Dropper Photogenic
    facade wrote: »
    There is no legal requirement to chase up non-receipt of confirmation. (I doubt very much if the word must actually appears in print, it doesn't on any V5 I've seen)


    There is a legal requirement to notify the DVLA by sending the V5 back (or online nowadays).


    I suppose simply producing one of the articles where the DVLA put a number on the "vanishingly small percentage" of mail they simply lose, and multiplying that by the number of forms they get, (in conjunction with them admitting in print that you might need to follow it up) would be sufficient to cast doubt on the DVLAs assertion that you didn't comply with point #2.



    However for £35 how much time are you prepared to waste over it?

    Actually the first letter we had was saying he was found guilty (in 2009 in his absence ) of not sending the V5 and was now being fined £250 for non-payment. We had moved twice since then and had not received any letters. But now they are trying to find people. Well it would make them quite a bit if only from the ones who simply pay the £250 for a quiet life.
    Anyway that's why we fought it.
    Be warned - they have a special department dedicated to historic cases!
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