Dvla taking me to court!

Honest John Back Room » Legal matters
View Threaded
Thu 20 Nov 2014 20:06
Dvla taking me to court! - Pink25

Hello all, , looking for some advice here.

I scrapped my car in septemberr, admittedly I forgot to send off the slip to say I didn't own the car anymore and only remembered when a letter came to my mothers house saying my car had been seen on the road even though it had been sorned! Im a bit peeved the people who brought it for scrap didn't actually do that but thats another issue.

SO I got this letter and so I sent off the slip by signed for delivery.Cue 6 weeks later and the dvla have sent me a letter ewith a court date saying I haven't sent them anything!!!! Now I still have the receipt from the post office that states the date, time and address to where the letter was sent and I also have the signature of the person who signed for it.

Now obviously I was bricking it so I called DVLA who said tp send a cover letter saying I had sent the letter and give them the tracking number so they could see for themselves.I sent this along with the court summons, photocopies of all my post office receipts as wellas a print off of the signature from the post office website. I sent thos special delivery so I have a signature for this package as well.

Im just wondering if ive basically covered myself, ive provided evidence I sent the slip, they are the ones who have misplaced it! Ive got to go court pn the 16th December but hopefully they will drop it before then..im just wondering if anyone can telle hpw long it takes for DVLA to respond to these things?

Reply | Report as offensive | Link
Thu 20 Nov 2014 22:58
Dvla taking me to court! - bathtub tom

Take ALL your evidence to court on the 16th December. magistrates aren't that frightening.

Reply | Report as offensive | Link
Thu 20 Nov 2014 23:28
Dvla taking me to court! - Falkirk Bairn

Ask for costs incurred and make them pay for lost wages, travel costs etc etc in your statement to the bench.

You could also claim harassment as having provided evidence they still came after you!

Reply | Report as offensive | Link
Fri 21 Nov 2014 07:28
Dvla taking me to court! - Armitage Shanks {p}

If you say you have posted it then it is deemed to have been delivered, so far as I can understand this. tinyurl.com/qf48yco

Reply | Report as offensive | Link
Fri 21 Nov 2014 08:26
Dvla taking me to court! - Dwight Van Driver

Could be that DVLA may be on a winner in that under Road Vehicles (Reg & Licesing) Regs 2002, Regs 17 and 18 which deal with notification of change of ownership/scrapping the words immediate or forthwith notification are stated.

By own admission above this was not the case?

dvd

Reply | Report as offensive | Link
Fri 21 Nov 2014 11:23
Dvla taking me to court! - Pink25

Thier issue isn't when I sent it, its the fact they are saying I NEVER sent it in the first place because they LOST the form..the time is not the issue.

Reply | Report as offensive | Link
Fri 21 Nov 2014 13:11
Dvla taking me to court! - FP

"...the time is not the issue."

I wouldn't be so sure. While they may be (apparently) concentrating on whether or not they were told at all, the train of events that led up to a court summons may be based on the fact that the car was seen being used on the highway and at that time the OP hadn't sent off the slip.

As DVD says, legally the OP must inform the DVLA of scrapping immediately. I imagine it was some time after the disposal of the vehicle that the DVLA were informed by the OP, and that happened only after the OP got a letter, which I imagine demanded a payment for failing to notify.

Six weeks after that, claiming they have received no response from the OP, the DVLA started legal proceedings.

What does the summons say? I imagine it's simply "failure to notify etc."

Edited by FP on 21/11/2014 at 13:12

Reply | Report as offensive | Link
Fri 21 Nov 2014 13:42
Dvla taking me to court! - Pink25

The letter I got said they had seen the car and that I needed to fill out the form/inform them if I had infact got rid of the car.The slip was sent at this point and then 6 weeks after THAT letter telling me to notify them I got a court summons.

Reply | Report as offensive | Link
Fri 21 Nov 2014 14:13
Dvla taking me to court! - TedCrilly

"admittedly I forgot to send off the slip to say I didn't own the car anymore and only remembered when a letter came to my mothers house saying my car had been seen on the road even though it had been sorned!"

You are liable for the vehicle until the DVLA are notified of the change of circumsatnces, Regardless of what transpired after you have openly admitted you didnt notify them.?

Were you issed with a DVLA certification of destruction when you passed the car over?

Do you have anything whatsoever that confirms you handed the car over to a third party when you claim you did?

You cant blame the DVLA for thinking the car was being used on the road by you or with your knowledge after being sorned and you are going to have to convince the magistrates otherwise.

Reply | Report as offensive | Link
Fri 21 Nov 2014 14:55
Dvla taking me to court! - Pink25

I in fact did inform them, I filled put and sent off my V5C form as well as a second form saying the samee.My issue is they say they 'never received it' even though I have proof they did.

Reply | Report as offensive | Link
Fri 21 Nov 2014 15:46
Dvla taking me to court! - FP

The issue could be that, though you informed them, it was too late.

Reply | Report as offensive | Link
Fri 21 Nov 2014 17:46
Dvla taking me to court! - TedCrilly

"I scrapped my car in septemberr, admittedly I forgot to send off the slip to say I didn't own the car anymore".

First you said that........then you said this.......

" in fact did inform them, I filled put and sent off my V5C form "

Good luck in court.......... I think you are going to need it.

Edited by TedCrilly on 21/11/2014 at 17:51

Reply | Report as offensive | Link