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DVLA out of court settlement
LEZ9
post Wed, 26 May 2010 - 13:33
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I had a car on my drive, been undriveable for years. In Summer 2008 I gave it away to somebody who intended to restore it. V5 was completed and sent to DVLA as usual, but I do not recall receiving any acknowledgement. I received no reminders to tax or SORN it in 18 months, so I had no clue that they still considered me the keeper.
Jan 2010, DVLA wrote that someone had applied for V5 and/or tax disc. They said if I didnt agree to them doing so I should contact them, but if i agree, do nothing. I did nothing.
Feb 2010, DVLA wrote "you do not appear to have notified us of the disposal of this vehicle and should be advised that this is an offence." They offered me the chance to pay an "out of court settlement" of £55 within 24 days or £35 if paid with 17 days of the date of their letter.
I wrote to tell them that I had properly informed them, that they had either not received it, lost it, or failed to act upon it, and I would not be paying.
May 2010, DVLA wrote that although I am no longer the keeper "the Department has not received notification of this" They refer to the acknowledgement letter they send with 4 weeks, and that "It is a matter for you to pursue this letter". They cheekily say that if I can produce that acknowledgement they will take no action against me. Since they say I never notified them, they presumably know I have no acknowledgement letter.
They have repeated their offer to let me pay £55 or £35 with 24 or 17 days of the letter.
Although I am resonably happy to fight this in court if required, I was wondering what would be the chances of success? I read that their assertion that I must follow up non-receipt of acknowledgement letter might not actually feature in any legislation?
Presumably I need to defend this with the Interpretation Act?
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post Wed, 26 May 2010 - 13:33
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jobo
post Wed, 26 May 2010 - 13:39
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theres a similar thread posted in the last few days, have a look

my understanding, is the law requires you to inform them, if you have done so you have met your obligations and the burden of proof to show you didnt is with them

but hang on for others


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jobo

anyone but Murray, Wish granted for another year,
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The Rookie
post Wed, 26 May 2010 - 13:47
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The high court just kicked the DVLA in the goolies on this, if you can 'prove' you sent the form (and credable verbal evidence is sufficient) then the onus is on them to prove you did not, this they can't do, they won't be going near court, however much they threaten it!

Check the DVLA/Sorn thread in press items forum.

Simon


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LEZ9
post Wed, 26 May 2010 - 13:54
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Many Thanks. I am tempted to tell them I will not be paying, rather than just ignore it. Les.
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Melchett
post Thu, 27 May 2010 - 09:21
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Good link here with the standard defence http://www.consumeractiongroup.co.uk/forum...notify-new.html
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