16 replies to this topic

[BenH]

grrr ive just got a fine for £80 for not taxing a car i scrapped 2 years ago!
I did inform the dvla but have no proof as it was 2 years ago and i tend to not hold onto post god dam.I actually want to go and rob a bank now just to make myself feel better! why do motorists get picked on all the time.
Thats my new brake discs out of the window And my minis not finished the clutch wont work,bled my brakes and they didnt work and then when they finally did one of the hoses split! And whacked my head off the garage door. i need a rest from cars! ,digs out ps3 and call of duty

Rant over !

[mars red mike]

How come they waited two years to fine you? Why didnt they do it after twelve months?

[BenH]

i know! as when i scrapped it the tax was out and the mot so why didnt they send me a tax reminder then and then i could of sorted it out instead of leaving it 2 years! im not sure where i stand so i shall give them a call tomorrow

[maryquant]

Im currently contesting two fines with DVLA, both for vehicles scrapped and sold claiming that I was the registered owner when they didnt have tax.

Since I cant prove I sent the documentation off - im liable. Worst thing is when they pass it to a collection agency. The agency say contest with DVLA, and the DVLA say the matters in the agencies hands now.

Dont bother writing to them, they dont reply.

[BenH]

i thought thats what would happen. oh well maybe that £80 will pay towards getting the pothole outside my house fixed yeh right!

[Bungle]

do a search for this on volkszone theres a useful topic about this

if you posted the forum to tell them it's sold it's up to the DVLA to prove that you didn't post it

there are copys of letters and case law for you to send to them

[maryquant]

Thanks bungle, will give that a shot - cant hurt - and frankly, if they want to give me a ccj for it , they can, im not paying!

[cookie4343]

Pay within 14 days and it halfs to £40, ive had 2 in the past but learnt my lesson

[BenH]

Thanks Bungle will have a look now, only bought the car for 100 and scrapped it for 90 aha but now its come back to haunt me for killing it off!

[BenH]

ahhh i did see that cookie but then under that it says areas of £23! what does that mean?

[Bungle]

Thanks bungle, will give that a shot - cant hurt - and frankly, if they want to give me a ccj for it , they can, im not paying!

it has worked for quite a few on vzi

[Bungle]

clicky link

[Bungle]

Below are some legal points of which I have followed.

The Road Vehicles (Registration and Licensing) Regulations 2002

“Change of keeper: registration document issued in Great Britain on or after 24th March 1997 and the new keeper not a vehicle trader
22. (2) The registered keeper of the vehicle -
(a) if the registration document issued in respect of the vehicle is in his possession, shall deliver to the new keeper that part of the document marked as the part which is to be given to the new keeper; and

(b) shall forthwith deliver the remainder of the registration document to the Secretary of State, duly completed to include the following -
(i) the name and address of the new keeper;

(ii) the date on which the vehicle was sold or transferred to the new keeper;

(iii) a declaration signed by the registered keeper that the details given in accordance with paragraph (i) are correct to the best of his knowledge and that the details given in accordance with paragraph (ii) are correct; and

(iv) a declaration signed by the new keeper that the details given in accordance with paragraphs (i) and (ii) are correct.”
Interpretation Act 1978

7 References to service by post

“Where an Act authorises or requires any document to be served by post (whether the expression “serve” or the expression “give” or “send” or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.”


As I previously stated I used 1st class post to “deliver” the V5 document which complies with both regulations above.


The DVLA states that I have no defence because I did not receive confirmation from them. This confirmation letter from the DVLA is not a legal requirement!


As stated in Human Rights Act 1998, Schedule 1, Article 6, section 2

“Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law. "



I have no proof of posting the V5 document because I have never done so before. I also believe that I should not have to prove that I posted the V5 document and if this matter does indeed go to court it should be down to the DVLA to prove that I did not.


I look forward to receiving your comments on this matter.

[cookie4343]

Think you may have to pay £63 then, DVLA take the mick
Thanks anyway ben this topic has just reminded me to sorn my mayfair lol.

[BenH]

ooo thats perfect, may have to owe you a beer if that works Bungle!