A
Andrew Renshaw
Guest
Hi Dale,
With the DVLA they have an interesting way of working. You have to prove you
are innocent otherwise you are guilty.
First of all write to them explaining what has happened and explain that you
have the portion of the log book. You then need to detail the rough date
that you sent it to them and the date you sold the vehicle. Explain that you
are able to get statements from friends and family that you no longer have
this vehicle.
Ask them the simple question, "Why has it taken this long to taken action
against you?"
Do non of this via telephone, I know to my cost that phone calls can be
denied and details not detailed on the computer.
Explain also in the letter that as you know you are innocent that you are
willing to appear in court and mount a rigorous defence.
Make sure you send the letter via "Next day guarnteed delivery." It costs a
fortune but it is handled seperately from normal post and is almost 100%
going to get there, it will cost about £3.50. Recorded delivery is placed in
with normal post and about 30% are not signed for and just posted through
the letterbox.
If the court date is soon, attend the court and plead "Not guilty." Ask for
a trial and explain that you intend to produce witnesses and witness
statements that you no longer own this vehicle. Explain that you have
discharged your legal duty in informing the DVLA and you cannot be liable
for the inefficiency of the Post Office.
DVLA tend to do about 20 cases at once with the majority of people declaring
guilty via post. Make sure you attend court (do not plead nto guilty via
post) and make yourself known to an usher and that you wish to enter a plea.
The magistrate may deal with you there an dthen, if this is the case ask for
a postponement as you need to prepare a proper and adequate defence. (Do not
take a solicitor with you at this hearing, it makes you look like you are
guilty, I know it shouldn't, but it does).
If you are set a trial date and DVLA still insists on a prosection - then
get as many witnesses to appear in court and write sworn statements as
possible. Present all you evidence in a calm polite manner respecting the
bench and using all the proper titles. make sure you question DVLA regarding
the following areas:-
"Why has it taken so long to issue a summons and why were you not contacted
before this date?"
"Have they monitored how many of the letters addressed to them are lost in
the post?"
"Have they taken this up with the Post Office and registered a complaint,
ask them to specify dates?"
"Can they produce any evidence that this vehicle has been stopped by the
Police or been issued with a Speed Camera fine since the date that you sent
the details to DVLA?" Explain that with the new mobile camera technology for
reading tax discs that this would be highly unlikely for the vehicle not to
be detected on the road.
I expect that the magistrate will find in your favour. Then submit to the
court a request for costs:-
Time taken £7 per hour, including gathering evidence - Say £210
Postage and Stationary: £15
Telephone calls £4
Making a total of £229.
I hope you win your case.
Andrew
P.S. I just phoned DVLA as I scrapped a vehicle on the 21st of August last
year and haven't received any documentation. Even though I had received
nothing from them it seems on the computer I no longer own the vehicle.
PHEW.
"dale hammond" <[email protected]> wrote in message
news:[email protected]...
>i have been sent a summons to court for a vehicle i sold in aug 2003 i
>informed dvla of the new owner at the time but they have no record of it
>the new owner has not registered the vehicle as i know he was going to
>restore it taking his time the only details i have of the new owner were on
>the portion of the log book i sent to dvla
> in my defence i can get witness statements from work mates and bosses and
> family and friends that i did sell the vehicle about this time has any one
> else had any experiance like this and know the best way forward will
> witness statements be enought
>
>
With the DVLA they have an interesting way of working. You have to prove you
are innocent otherwise you are guilty.
First of all write to them explaining what has happened and explain that you
have the portion of the log book. You then need to detail the rough date
that you sent it to them and the date you sold the vehicle. Explain that you
are able to get statements from friends and family that you no longer have
this vehicle.
Ask them the simple question, "Why has it taken this long to taken action
against you?"
Do non of this via telephone, I know to my cost that phone calls can be
denied and details not detailed on the computer.
Explain also in the letter that as you know you are innocent that you are
willing to appear in court and mount a rigorous defence.
Make sure you send the letter via "Next day guarnteed delivery." It costs a
fortune but it is handled seperately from normal post and is almost 100%
going to get there, it will cost about £3.50. Recorded delivery is placed in
with normal post and about 30% are not signed for and just posted through
the letterbox.
If the court date is soon, attend the court and plead "Not guilty." Ask for
a trial and explain that you intend to produce witnesses and witness
statements that you no longer own this vehicle. Explain that you have
discharged your legal duty in informing the DVLA and you cannot be liable
for the inefficiency of the Post Office.
DVLA tend to do about 20 cases at once with the majority of people declaring
guilty via post. Make sure you attend court (do not plead nto guilty via
post) and make yourself known to an usher and that you wish to enter a plea.
The magistrate may deal with you there an dthen, if this is the case ask for
a postponement as you need to prepare a proper and adequate defence. (Do not
take a solicitor with you at this hearing, it makes you look like you are
guilty, I know it shouldn't, but it does).
If you are set a trial date and DVLA still insists on a prosection - then
get as many witnesses to appear in court and write sworn statements as
possible. Present all you evidence in a calm polite manner respecting the
bench and using all the proper titles. make sure you question DVLA regarding
the following areas:-
"Why has it taken so long to issue a summons and why were you not contacted
before this date?"
"Have they monitored how many of the letters addressed to them are lost in
the post?"
"Have they taken this up with the Post Office and registered a complaint,
ask them to specify dates?"
"Can they produce any evidence that this vehicle has been stopped by the
Police or been issued with a Speed Camera fine since the date that you sent
the details to DVLA?" Explain that with the new mobile camera technology for
reading tax discs that this would be highly unlikely for the vehicle not to
be detected on the road.
I expect that the magistrate will find in your favour. Then submit to the
court a request for costs:-
Time taken £7 per hour, including gathering evidence - Say £210
Postage and Stationary: £15
Telephone calls £4
Making a total of £229.
I hope you win your case.
Andrew
P.S. I just phoned DVLA as I scrapped a vehicle on the 21st of August last
year and haven't received any documentation. Even though I had received
nothing from them it seems on the computer I no longer own the vehicle.
PHEW.
"dale hammond" <[email protected]> wrote in message
news:[email protected]...
>i have been sent a summons to court for a vehicle i sold in aug 2003 i
>informed dvla of the new owner at the time but they have no record of it
>the new owner has not registered the vehicle as i know he was going to
>restore it taking his time the only details i have of the new owner were on
>the portion of the log book i sent to dvla
> in my defence i can get witness statements from work mates and bosses and
> family and friends that i did sell the vehicle about this time has any one
> else had any experiance like this and know the best way forward will
> witness statements be enought
>
>
