Philips & the DVLA

[JudgeDreddy]

Hot off the press....

Having popped round to see my ex today i was given 2 letters from Philips. Apparantly a car i sold early in 2010 (exact date unknown but was before i moved back north in April) wasn't retaxed in Jul 2010 and I have an £80 penalty to pay. Now i know i sent the V5 off but don't recall receiveing a reply, but then i did move shortly after.

Now the thing thats making me laugh with this one is the letters are out of sync. A letter dated the 18th Dec states "Thank you for your correspondance regarding Judge Dreddy not living there anymore... yadda yadda" but no one has contacted them as this is the first letter received from them. Then one dated the 28th Dec is demanding £80 for a car i've not owned for well over a year.

What do i do, i am thinking about writing to DVLA telling them I sold it ages ago and the V5 was sent and telling Philips to take a long walk of a short pier.

Any Advice....

[oscar]

Re: Philips & the DVLA

Not too sure. I dont ever recall getting a letter from them after selling a car - I might have done, its just that nothing is registered.

I dod remember once the police turning up at my door a few years ago regarding "my car" - I informed them that I had sold it some time ago and that the car outside was now mine.

It couldnt have been anything serious as they never said much else and never came back.

Surely there must be some kind of paper trail the DVLA can trace - who and where was it retaxed?

[BBoo]

Re: Philips & the DVLA

I would write to the DVLA telling them you sent them the V5, asking them to look back at your history with cars which demonstrates you are law abiding and that it is their mistake not yours. Please call off the bailiffs before you consider further action. It may also be helpful to give all details you can about where the car went when you sold it.

I've had them fine me three times for this exact same thing. Each time I've told them I did send it, and each time they've dropped it.

[JudgeDreddy]

Re: Philips & the DVLA

found the original "for sale" thread i put up on a forum i used to use and it dates from Nov 2009 is when I had it up for sale.

Anyway, going to send this to Philips i think...

Dear un-named, <(my own smartarsedness for those chimps who find it impossible to put a name on a letter)


Having been forwarded 2 letters from my previous previous address this matter has been brought to my attention. Despite the DVLA being aware of my address it appears to have failed in passing correspondence to me regarding this matter (I have moved address twice since xxxxxxxxxxxxxxxxxxxxxxx).
I will be contacting the DVLA regarding this matter and making it aware that the vehicle in question was sold by me in December 2009. Should this matter continue I will be making a formal dispute to this charge.

Please take this as notice that I will not deal with you regarding this matter as regardless of response no debt exists, please return it to the DVLA.

Yours

Judge Dreddy

Having found out that my only legal duty is to "inform the DVLA of change of keeper" regardless of receipt of notification there is no legal ground to keep it for future reference. Given section 7 of the Interpretation Act 1978 states...

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.

Then it falls to the DVLA to prove that I did not send the V5 to them. I think i more or less have this one sown up, of course if this DCA continues to harrass me and give me unwanted/unsolicited legal advice then I might take it further...

[PlanB]

Re: Philips &amp; the DVLA

I wouldn't hesitate to inform the DVLA and the bailiff the name and address of the person you sold the car to since they clearly haven't bothered to re-tax it which is causing you grief. Unless of course they are built like a sumo wrestler and have still got your name and address

[JudgeDreddy]

Re: Philips &amp; the DVLA

I wouldn't hesitate to inform the DVLA and the bailiff the name and address of the person you sold the car to since they clearly haven't bothered to re-tax it which is causing you grief. Unless of course they are built like a sumo wrestler and have still got your name and address

Couldn't tell them, I only keep non-essential paperwork for twelve months, there isn't any legal standing to do that i believe but if they can't bring up an issue in twelve months then f**k em .
Whats really getting my goat is i owned two vehicles at the time, i sold that one to assist in my move back "home" and kept the other vehicle for 7 months changing the V5 as i went so the DVLA would've had my addresses if they'd bothered to look for it.
Interestingly enough, i checked the DVLA "vehicle enquiry" and the vehicle i sold is not showing on the site.

[CleverClogs (RIP)]

Re: Philips &amp; the DVLA

Interestingly enough, i checked the DVLA "vehicle enquiry" and the vehicle i sold is not showing on the site.

Has it been scrapped?

[PlanB]

Re: Philips &amp; the DVLA

Maybe it was a 'write off' in an accident and the insurance company forgot to inform the DVLA. It happens. Or if it was stolen and not traced it wouldn't have been re-taxed by the new "owners" for obvious reasons

[JudgeDreddy]

Re: Philips &amp; the DVLA

Has it been scrapped?

Maybe it was a 'write off' in an accident and the insurance company forgot to inform the DVLA. It happens. Or if it was stolen and not traced it wouldn't have been re-taxed by the new "owners" for obvious reasons

I would not wish to speculate, it was in working order and reasonable condition when i sold it.