and was like what the fck .. I filled in all v5 when selling and post them every time they make threats of fines or going to court lol .
after googleing and lots of reading seems this is just another stealth tax type thing to scam money out of anyone hoping we will not appeal and just pay up .
I have sent my reply and stated I will not pay and would infact take my day in court and if need be appeal and judgement to the end of time and back .
some usefull topics just inc ase anyone else gets a letter from them
REQUISITION TO ATTENDXXX MAGISTRATES COURT ON XX/XX/2012
Vehicle registration xxxx xxx
Dear sir/madam
I am writing in regards to the requisition sent to me to attend xxxx magistrates court onxx/xx/2012 to answer charges of failing to notify the secretary of state on change of vehicle ownership.
I will be pleading NOT GUILTY on all charges as I consider I have no charges to answer.
I am now informing DVLA that I surrendered the vehicle V5document to DVLA as required by law. The V5 was returned to DVLA by first class post. My responsibility ends as soon as I relinquished control of delivery to royal mail. I take it I do not have to remind you on Section 07 of the Interpretations Act 1978
7. Where an Act authorises or requires any document tobe service by post. served by post (whether the expression "serve" orthe expression " give " or " send " or any other expressionis used) then, unless the contrary intention appears, the service is deemed tobe effected by properly addressing, pre-paying and posting a letter containingthe document and, unless the contrary is proved, to have been effected at thetime at which the letter would be delivered in the ordinary course of post.
In effect what this means is that by correctly addressing an envelope, affixing a stamp to cover the necessary charge (as is required), andby placing the item in a Royal Mail Mailbox, I have fulfilled my responsibility to notify DVLA AS REQUIRED BY STATUTE LEGISLATION.
May I ask other than royal mail, how I am able to deliverthe V5 document to DVLA.
DVLA even put their address and postcode on their documents so I must take it that is the normal method for exchange of correspondents.
I will now move onto more details on my responsibilities as to the V5 document
Detailson the V5 state - 'Once we know about the changes, you should receive an acknowledgement letter to confirm that you are no longer responsible for the vehicle. If you do not receive the letter within 4 weeks, please phone 0300 790 6802.
Can you please advise under what Statute Legislation I am lawfully obliged to contact DVLA if I do not receive any such acknowledgement or correspondents from DVLA.
The question of the legislation on contacting DVLA and statute legislation has already been judged in various county courts and has been found in the defendants favour. This matter has been discussed in great lengths on BBC TV Watchdog.
I will be providing case details to the court if needed It has been confirmed through Freedom of Information Requests that DVLA do lose mail for which I will be laying before the court as evidence. I must also inform the prosecutor that I am fully aware of the Paul Kennedy case.
MR Kennedy claimed he was wrongfully convicted of the same offenceI am being charged with. Mr Kennedy appealed his case to Chelmsford Crown Court at 10.00 am on Friday 9th September 2011. DVLA prosecutors at Swansea withdrew its cause of action and offered no evidence to the crown court.
No doubt this was to stop a precedence being set as case law being it was a court of appeal and binding on all equal and lower Courts. I can assure DVLA that if I am summoned before themagistrates and convicted, I will be seeking leave to appeal to the crown courtbeing that magistrates are normally lay magistrates and not familiar withstatute legislation. I trust this letter is explanatory in its context and reserve the right to show this letter in court if needed.
Yours sincerely
-- Edited by MDK on Friday 31st of January 2014 02:29:42 PM
its not the fact you did or did not send of the v5 as I did . they get lost in the post or most of the time at the dvla they then send you out a letter saying something along the lines of .
our records show that we have received an application to record someone else as registerd keeper .
in bold..if you do not respond within 14 days of this date we will issue a v5 to the new keeper ...
so in most cases I think do not reply and they will just change it over ?
then the small print reads .
if you are no longer the keep you must tell us in writeing NOTE it is an offence to not tell us in writeing bla bla bla .
and thats when they fine you pay £35 now or £50 later or be taken to court .
how can they say if I did or did not post it and that it is not them who lost it or missplaced it ? they can not and I suspect they send out millions of these in the hope most people just pay without question and make them millions in income .
its a total joke google . failure to notify disposal of vehicle dvla . you will see how wide spread this is much like the tv lincence ppl they are backed by the gov in a aim to stealth tax everyone .
I will refuse this at every point and even stand up in court and state point black im not paying any fine and will be happy to do my days in jail if need be ..lol I could do with a couple of weeks in hmp butlins .
