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Posted

Bonkers isn't it? They've got a few funny little exceptions to the rule and I'd love to know them all.

Posted

I can't afford to take it to court but may try and string it along a bit so I'm working by the time i have to pay the fine.

 

 

I'm half tempted to see if I can get it registered as SORN or scrapped to screw over the person who hasn't taxed it.

Posted

I'm fairly certain with DVLA and their fines for not SORNing stuff, if you tell them to FOAD enough times they give up, their shit is totally unenforceable man.

Posted
I'm fairly certain with DVLA and their fines for not SORNing stuff, if you tell them to FOAD enough times they give up, their shit is totally unenforceable man.

 

 

Err... They call in Marstons the bailiffs IIRC.

Posted
I'm fairly certain with DVLA and their fines for not SORNing stuff, if you tell them to FOAD enough times they give up, their shit is totally unenforceable man.

 

 

Err... They call in Marstons the bailiffs IIRC.

 

 

Bailiffs cannot recover any losses without a CCJ. I've drafted a letter to them, if only to string out the inevitable

 

Dear Sir

 

Reference E37 RNH – Volkswagen Golf GTI

 

I am writing to you with reference to the above, for which you have sent me a fine via a debt recovery agent for failing to retax said vehicle. Although there is no date of the alleged offence I sold the vehicle in August 2009 hence I am not liable for the subsequent keeper failing to tax or SORN the vehicle.

 

As the new keeper was not present at the point of sale I was unable to complete the V5 registration document, as to comply with your regulations both the registered keeper and the new owner must provide a signature. Therefore I filled out the required section and sent the V5 to the new owner, who agreed to sign and send the documents to yourselves. I also sent a letter to your organisation explaining the situation and confirming the vehicle was no longer in my possession, therefore fulfilling my legal obligations.

 

As proof of this transaction I include a receipt for the payment made on the vehicle as well as the receipt from the company who collected the vehicle. I would also like to remind you of the case of DVLA vs Peck, where it was ruled that the DVLA has no statutory right to demand that someone contact them if they do not receive an acknowledgement letter within the prescribed timeframe. For your records the person who I sold the car to is

 

Address

Mobile number

 

Who is responsible for not taxing the vehicle and completing his part of the V5 document, hence liable for all fines acquired on this vehicle after the 8th August 2009

Posted

Thats brilliant NC. Nice use of a legal precedent too.

Posted

Be ready for them to start wittering on at you for not taking responsibility for sending off the filled-in V5 at the point of sale!

Posted
I'm fairly certain with DVLA and their fines for not SORNing stuff, if you tell them to FOAD enough times they give up, their shit is totally unenforceable man.

 

 

Err... They call in Marstons the bailiffs IIRC.

 

 

Bailiffs cannot recover any losses without a CCJ. I've drafted a letter to them, if only to string out the inevitable

 

Dear Sir

 

Reference E37 RNH – Volkswagen Golf GTI

 

I am writing to you with reference to the above, for which you have sent me a fine via a debt recovery agent for failing to retax said vehicle......

 

I had a similar thing happen to me in early 2009. The morning before I was due to go abroad, I received a fine of £80 from the DVLA for failing to retax/SORN a car I sold in late 2008. The car was sold to a mate, we filled out the necessary paper work and I sent my bit by recorded delivery to the DVLA thinking that was the end of that. I was unaware at the time about the importance of these 'acknowledgment letters'. It caused me inconveniance as I had not the time to find any acknowledgment letters I might have received.

 

As I was going to be abroad for a few months I could see this spiralling out of control and launching me deep into debt. Whilst abroad, I trawled the internet to see what kind of advice I could get, I happend upon a website where I found someone who had suffered a similar problem with the DVLA. There was some advice and an address for some high-up type in the DVLA to write to.

 

I wrote a letter similar to NC's ads e-mailed it to this high-up, I explained my circumstance and stood firm. In a reply, I was told that the circumstances would be investigated, I heard nothing more. Then, a few weeks after arriving back in England in April 2009, I received an 'acknowledgment letter' about the sale of the car I sold 7 months previous!

Posted

Prickcheese2019888 and all the other spamming bastards on here.

Posted
I'm fairly certain with DVLA and their fines for not SORNing stuff, if you tell them to FOAD enough times they give up, their shit is totally unenforceable man.

It should be dealt with the same as any other County Court claim - you get court paperwork in the post, which is basically a simple form which gives you the opportunity to dispute the debt via the post. If you wrote a good argument in there, they'd probably drop it on the grounds of not being bothered enough to send someone to the County Court for a few hours - disputing a CCJ makes it a lot less worth the effort for the claimant, because it means they have to spend time drafting a response and getting paperwork together for their stupid £80. If they do still decide to proceed, you'd be given a date to attend (if you like - otherwise dealt with in your absence and that doesn't always mean you lose). It's such a ballache that I can't imagine them bothering for the low values involved, unless they really hate you. Even if they do and you end up with a County Court bailiff on your doorstep, just keep everything locked and ignore them until they give up and go away. CCJs only really matter if you're bothered about your credit rating. Even still, I have to even wonder whether they've sent a single one to County Court, would love to know - I wouldn't be surprised if the whole thing is just a case of "well, we could".

 

What I understand the DVLA do like to do is send some unpaid fines to a collection agency (they certainly use Philips, not sure if they use anyone else). If you haven't got a CCJ against you (check if you're not sure, but unless you've moved it should be pretty obvious), just chuck every item of post in the bin - a collection agent has no powers, all they can do is ask you for the money. However, because their letterhead says that they are certificated bailiffs, people panic. It's true - they are bailiffs, but they're not acting under any powers, so it means nothing. Collection agents operate under a "taking a cut of proceeds" type policy, basically it's free for the DVLA to send them a load of names, but the collection agency will take their share from any successfully collected money (about 10-20%). They can't add any costs on as you'd need a successful CCJ to do that. For both parties, it's just some free money.

 

My personal view is that I would ignore any fine and see what happens - responding to the DVLA before they've done anything only confirms that you're at the property, if they get a wall of silence, they're much more likely to give up (as with any debt). I bet they're much more likely to send something through the system if they get a stroppy reply.

Posted

Someone over on RR has been killed after stacking his J tin into the front of a lorry. Very sad :(

Posted

Can someone please ban this spammer who is posting ever 20 minutes?

Posted
Doovla letter

 

Nice letter NC but Ithink you were naive to trust the other fella to sign the v5 and fire it off. :?

Posted
Doovla letter

 

Nice letter NC but Ithink you were naive to trust the other fella to sign the v5 and fire it off. :?

 

 

I agree but to be honest there wasn't much I could do as he wasn't there at the point of sale. I couldn't send it off as it wouldn't have had his signature on it so had to fill in my part and trust him. That hateful car is still costing me money and I can't believe it's still on the road

Posted

DOOVLA tried to do me in court over a SORN back in 2004. This is what happened.

 

Last week I got a summons to appear in court today about "failing to reply

to an official letter regarding the driver of VW Golf reg number B??? ???"

which is my faithful mk2 GTi.

 

So I rang the DVLA in Preston who sent the letter, and informed them in my

best highly peeved way that I didn't receive any such letter, and that I'm a

bit pissed off that I have to go to court and pay them £45 for the joys of a

visit to the Magistrates.

 

They replied "We're the DVLA, we can send you a letter in the normal post

and treat it as if it's recorded delivery, if I were you I'd plead guilty by

post and pay the fine, you could try faxing us to get the proceedings

stopped, but you will still have to pay the £45 court costs and the fine,

which can be up to £1000".

 

I informed them that they could "stick their special postmen up their arse"

and that "I'd see them in court"..

 

I then hung up and thought "Fuck, that's gonna cost me a grand that is"...

 

Anyway, today I was up in Liverpool Magistrates...

 

Walked in, had to do the usual "Are you Peter M?, do you live at?, is your

date of Birth?" etc stuff.

 

Clerk - "Mr M, do you have a solicitor?"

Me - "Not right now, no, I doubt I need one to be honest"

C - "right, er, ok then. Do you know why you're here?"

Me - "yes"

C - "On the 10th April last year you were sent a letter asking who the

keeper of a VW Golf, B??? ??? was, you failed to reply to that letter, which

is an offence against RTA blah blah, do you understand the charge brought

against you"

Me - "Yes, I understand that's what is meant to have happened"

C - "Meant to have happened?"

Me - "I didn't receive the letter, and as I wasn't in the country, I

couldn't SORN the vehicle because it's an offence for someone who's not a

company secretary or Director to fill in any official documents regarding a

company vehicle. Besides, it was taxed when I left the country, but it

expired when I was away. Nothing I could do, I wasn't going to break the law

just to keep the DVLA happy. I've already explained this to the DVLA in

Preston who told me I should just pay the fine".

Woman from DVLA - "I'd like to drop all charges"

Magistrate - "Ok, Mr M, you may go. Sorry for the inconvenience."

 

Quality. Left room to sounds of Magistrate tearing shreds out of DVLA

woman.

 

A splendidly enjoyable moment, that was.

Posted

Whenever I go to pick up one of my cars from the council garages I rent ( about a half hour walk from my house), theres usually an old codger there working on his umpteen old motorbikes. The problem is that because I have old motors he thinks I know everything and anything about engines and gearboxes etc so he chats to me non-stop.

 

To be honest, I get bored stiff. I'm not into bikes at all and I've told him I'm not technical but still he drones on about his Suzuki Wotnot or Yahama Thingybob. Today he was telling me that his suspension fork was jammed(?) and then went into detail of how he rebuilt the engine on some old bike that had done 143,000 miles. I try to steer the conversation towards old cars but he's obviously not interested...which is fair enough.

 

I don't want to be rude to old boy but is there anyway I can get him to just ignore me?....Apart from saying "F**K OFF YOU BORING OLD C**T!!'

 

Thanks

Posted
Whenever I go to pick up one of my cars from the council garages I rent ( about a half hour walk from my house), theres usually an old codger there working on his umpteen old motorbikes. The problem is that because I have old motors he thinks I know everything and anything about engines and gearboxes etc so he chats to me non-stop.

 

To be honest, I get bored stiff. I'm not into bikes at all and I've told him I'm not technical but still he drones on about his Suzuki Wotnot or Yahama Thingybob. Today he was telling me that his suspension fork was jammed(?) and then went into detail of how he rebuilt the engine on some old bike that had done 143,000 miles. I try to steer the conversation towards old cars but he's obviously not interested...which is fair enough.

 

I don't want to be rude to old boy but is there anyway I can get him to just ignore me?....Apart from saying "F**K OFF YOU BORING OLD C**T!!'

 

Thanks

 

thats old farters the world over - they love to talk bollox to anyone who will listen

 

sometimes a mobile phone call will stop the conversation, try setting the alarm on your phone for 5 to 10 minutes after you arrive - always works for me

Posted
Doovla letter

 

Nice letter NC but Ithink you were naive to trust the other fella to sign the v5 and fire it off. :?

 

 

I agree but to be honest there wasn't much I could do as he wasn't there at the point of sale. I couldn't send it off as it wouldn't have had his signature on it so had to fill in my part and trust him. That hateful car is still costing me money and I can't believe it's still on the road

 

Next time sign it with your other hand... the DVLA don't have a copy of the buyers signature on file to check. :wink:

Posted

Absolutely, the old 'left hand' or someone else trick always works.

 

Incidentally if someone ever buys a motor off you and either takes the wrong part of the V5 off or isn't about (for example gets a recovery driver to collect) then if you send off the new keeper's part along with a copy of the receipt of sale and/or the advert with a covering letter the DVLA are actually very good and will transfer ownership and take you off the register as keeper.

Posted

SRSLY! The spam situation is silly.

I don't want to sound like one of those 'pleeeeease make me a mod, pretty pleeeeease' twats but can someone else be given the powers of deletion to try and keep this under control??

Posted

I agree, I don't want to see my favoritest place in the whole wide interweb come crashing down because of some cockbreathed arsewipe.

 

We need 24hour Mod attention!

Posted
SRSLY! The spam situation is silly.

I don't want to sound like one of those 'pleeeeease make me a mod, pretty pleeeeease' twats but can someone else be given the powers of deletion to try and keep this under control??

 

Pretty much to the letter what I pm'd to Mr S earlier. This place is rocking again recently and spammers are are a pain in the arse.

Posted

We definitely need further people with banning powers. If they figure they can post uninterrupted it will only get worse

Posted

Going back to the mithering old duffers I don't mind 'em too much, at least they usually mean well and are probably a bit lonely.

Posted

The worst way to go is in a car crash, it's so pointless - I'm not one for slightly forced sadness for someone I didn't know on a forum, but what a waste of life. He had posted on RR literally a few hours before he was killed. :( Does anyone know what happened?

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