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bikertomm
Hi all, I am a new member here looking for your helpful advice, and if it is worth fighting this.

I sold my 125cc motorbike back in may, 06/05/13.

I actually sold it to a mate. I sent off the V5 first class to the DVLA and thought that was that.

On the 23rd January 2014 I received this out the blue:



That basically told me that they think I am still the registered keeper - WTF?

I wrote to them and told them I sold it on the 06/05/13 and that I filled out the V5 accordingly and sent it off. I signed this and sent it on the 31/01/14.

I thought that was all good, and yesterday I got this:



They are basically telling me that because I told them when it was sold, they want to fine me and take me to court?

I told them I sent off the V5 accordingly.

I'm not keen on their bullying tactics and as far as I'm concerned I haven't done anything wrong, they simply haven't received it or misplaced it. Am I ****** because I don't have proof of postage?

I know for a fact it was sent, I remember the post box, my parents are witnesses and the bike was sold to a mate ffs!

I did a quick search and found this:

"You posted it first class to the DVLA, you have fulfilled your statutory obligations. See the interpretations act 1978.

http://www.legislation.gov.uk/ukpga/1978/30/section/7

Quote:
7 References to service by post..

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.


You need to write to the DVLA and inform them you have complied with the law. You will not be paying any bribes and will see them in court if needed. If it looks like the Department of Various Lost Articles are stupid enough to haul you in to court you can look in to a local solicitor sorting out an affidavit stating that you posted it first class on xx day at xx post box witnessed by xxx. It cost me £10, but sadly the DVLA folded just before court."

Would this be any use?

I have a first draft of a letter I'm going to respond with, but I don't want to be taken to court or fined - as I have done everything I should have and fulfilled my statutory obligations as far as I am aware.

Appreciate any advice - Thanks in advance.
ford poplar
You don't say when you posted V5c?
Did you just stick it in nearest post box?
Do you have any proof of posting eg recorded delivery receipt or free Cert of Posting from PO counter.
Did you use pre-addressed envelope or self written envelope?

Interpretation Act should apply, but only if you can proof posting it!
sgtdixie
QUOTE (ford poplar @ Sun, 2 Mar 2014 - 17:46) *
You don't say when you posted V5c?
Did you just stick it in nearest post box?
Do you have any proof of posting eg recorded delivery receipt or free Cert of Posting from PO counter.
Did you use pre-addressed envelope or self written envelope?

Interpretation Act should apply, but only if you can proof posting it!

Whilst most sensible people would say the interpretations act should apply a recent case went against this, albeit it appears to be a one off.

The key issue is that in order to rely upon the Act you would have to convince a court the V5c was posted. Independent witnesses are good as is recorded etc. Without this you will effectively be saying "I posted it, honest Guv". You say
QUOTE
my parents are witnesses

Did they witness you physically completing the form, putting it the envelope and posting it? That would be ideal, any of those 3 elements missing will reduce the value evidence as will the fact they are not independent. However all is not lost.

So if you can elaborate on that a bit more we can see where you stand.
ojnab
This looks very similar to another thread I just replied to.

I can't advise you to stand and fight. I'll just say that I did, and the DVLA backed down.

Next time, get a "proof of posting" from the Post Office as its free.
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