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Court in between

I read with interest the letter from your reader pointing out the dubious nature of the DVLA’s practice of sending out penalty charges when they deem a V5 document not to have been sent to Swansea. I have recently received such a request which I have no intention of paying since I know that I posted it and have sent to the DVLA a signed statement from the buyer of the vehicle that he saw me post it. I have wasted much telephone time and cost trying to reason with the DVLA local office at Nottingham only to be told that the only acceptable proof of notification is an acknowledgement letter dated prior to 12/06/09. My point, which has fallen on deaf ears so far, is that it is entirely wrong that I should be penalised for what is either an error with the Royal Mail or with DVLA Swansea (didn’t they manage to ‘lose’ the entitlement of several thousand motorcyclists to ride their bikes recently?) I am more than willing to go to court on this, as, like your reader, I can see no legal justification for this thinly disguised income generator.

Asked on 19 September 2009 by

Answered by Honest John
Another reader is in a similar situation. Please let me know the outcome of your case. Or if the DVLA drops it as being unsound. (If it goes to court I’ll back you up with £250 towards your defence costs.) The only legal requirement is that you inform the DVLA of the change of keepership and you have proof that you did. It is not and cannot be a legal requirement for you to check up that the DVLA has done its job and, though it makes sense to enquire by phoning 0870 240 0010 if you hear nothing back, you cannot be ‘fined’ for not doing this. Such outrageous intimidation of the public by quasi public servants making up their own ‘laws’ has to be stopped.
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