DVLA enforcement notice.

[Nathan]

By then I suppose it's too late though so what's the use.


It's up to them to prove that you did not post it

 

[#Chri5#]

The time to do this is surely when the DVLA tell you that you are going to get a fine. Not 9 months later when they've given up chasing and flogged the debt?

How can he prove he even sent it? Mind you if he doesn't need to prove it then it might be worth a go!

Intepretation Act 1978 : Section 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.

Does anyone here ring the Police every four weeks to ask if they've not had a NIP they have sent? Thought not. So if sending a NIP 1st class is good enough to consider the document served for the Police, then that should be more than enough for the DVLA.

 

[Lopéz]

I had a similar issue with the DVLA, exchanged a few back and forth letters, they essentially ignored my plight so I asked my MP to write to them asking them to drop the "penalty charge"

They did.

 

["andy"]

You get a confirmation from the DVLA a few weeks after you send the notification in. Send them a copy of this and the problem will go away.

Did you get confirmations 2 years ago though ? You didn't four years ago

I had similar problem to op and it was common problem at the time that no one knew of there slip's ever made it to dvla or not

I sorted it all long before debt collectors mind

 

[ubersonic]

Would be pretty comical to hear the DVLA try to explain how their rules about acknowledgement take precedence over the Interpretations Act ^^

 

[[TW]Fox]

Would be pretty comical to hear the DVLA try to explain how their rules about acknowledgement take precedence over the Interpretations Act ^^

If they didnt have some sort of policy all you'd need to do to avoid ever bothering to declare SORN is just say 'Yea its scrapped, I sent you the V5, honest'.

The Interpretations Act to me looks like a really badly written peice of legislation. Allowing something to count as 'served' with ZERO proof it actually is strikes me as bonkers. Both for us AND them - ie, the police shouldn't be able to say that simply putting a NIP in a post-box is proof it was served.

 

[Haggisman]

Is there anything we as members of the public can do as a response to the ridiculous incompetence of these government "organisations"? (yeah there's an oxymoron for you!)

It just seems that we have no recourse at all, as we are forced to use them, and they are all ridiculously incompetent. It also seems like they are untouchable, whereas if we as members of the public do the slightest thing "wrong" (which is usually their mistake anyway) they come down on us instantly.

 

[Tute]

If they didnt have some sort of policy all you'd need to do to avoid ever bothering to declare SORN is just say 'Yea its scrapped, I sent you the V5, honest'.

The Interpretations Act to me looks like a really badly written peice of legislation. Allowing something to count as 'served' with ZERO proof it actually is strikes me as bonkers. Both for us AND them - ie, the police shouldn't be able to say that simply putting a NIP in a post-box is proof it was served.

Absolutely agree, it's always been utterly stupid legislation. But as long as it stands, it'll be used both ways.

I was inclined to agree with your post above about just paying up, but the DVLA seem to be having a lot of fun recently with making messes like this. Didn't they go through or are going through a phase of "losing" people's driving licences off their database also?

It's just that unless the OP tries to stand up to them, where's the onus to improve the system and stop this happening in future (although if it was genuinely lost it would have been unavoidable)?

 

[nutsnut]

Thanks people, just typed up a letter to the DVLA and debt firm.

Regards

edit, best send it recorded

 

[Lopéz]

Prepare to be fobbed off/ignored.

IME (and that of many people on CAG Forums) you will need to either go to court or get your MP involved.

 

[Morbius]

When I sold my bike I sent everything off to the DVLA that I needed to and sure enough I got a letter back confirming that I wasn't responsible for the bike any more. A couple of months later I got a letter from the constabulary saying that the bike had been caught speeding and the DVLA told them that I was the owner. Muppets.

 

[zipp0r]

the dvla have little chance of taking you to court and winning if you posted the slip back to them and they lost it. they know that as well.