Got court tommorow - Advise? (UPDATE)
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Got court tommorow - Advise? (UPDATE)
A couple of weeks back, i was stopped in the street and was arrested and bailed instantly to appear at court on the 10th Oct.
Apparantly, This was because the DVLA say that i never informed them of selling my Vectra GSi when i got my M3 . I know for a fact that i sent it, and have moved house since.
I`ve been told that numerous letters have been sent to my previous address regarding the alleged offence, but have not lived there for about a year so have not recieved them.
As far as i`m aware i`ve done nothing wrong. I filled out the logbook (V5), signed it, then posted it. I`ve done my bit. Its not my fault that they didn`t receive it.
What do i say when i go? Is it not innocent untill proven guilty? Surely they must PROVE that i didn`t send it?
Many thanks for your help, Ed.
Apparantly, This was because the DVLA say that i never informed them of selling my Vectra GSi when i got my M3 . I know for a fact that i sent it, and have moved house since.
I`ve been told that numerous letters have been sent to my previous address regarding the alleged offence, but have not lived there for about a year so have not recieved them.
As far as i`m aware i`ve done nothing wrong. I filled out the logbook (V5), signed it, then posted it. I`ve done my bit. Its not my fault that they didn`t receive it.
What do i say when i go? Is it not innocent untill proven guilty? Surely they must PROVE that i didn`t send it?
Many thanks for your help, Ed.
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have you not got a solicitor yet???
standing in court defending yourself makes you look a right nugget personally, unless you start crying then you get off with it all
standing in court defending yourself makes you look a right nugget personally, unless you start crying then you get off with it all
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Lambchop
I was on my way home from work and a copper spotted me. Was a right little shit when i was younger...
smitsturbo
I don`t have a solicitor, never needed one. TBH, it just sounds like the V5 never got there and they`re trying to say i never sent it, when i know i did!
I was on my way home from work and a copper spotted me. Was a right little shit when i was younger...
smitsturbo
I don`t have a solicitor, never needed one. TBH, it just sounds like the V5 never got there and they`re trying to say i never sent it, when i know i did!
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Meanwhile back in the real world rapists, pedo's, burglars, dealers etc are all running about ruining folks lives but some poor sod who's V5 has been lost in the post gets pulled up in the street and dragged off to court.
The policing in this country is a fucking joke.
I find that unbelievable.
The policing in this country is a fucking joke.
I find that unbelievable.
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i dont realuly understand what the charge is realy as ive sold loads of cars in the past & forgot to send the details away as have a loads of mates??
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Originally Posted by Smiggy
Meanwhile back in the real world rapists, pedo's, burglars, dealers etc are all running about ruining folks lives but some poor sod who's V5 has been lost in the post gets pulled up in the street and dragged off to court.
The policing in this country is a fucking joke.
I find that unbelievable.
The policing in this country is a fucking joke.
I find that unbelievable.
Smitsturbo
They want me to pay £155 when i go there for failing to notify. £155 may not sound like alot, but it`s alot to me and they are expecting me to pay it although I`VE DONE NOTHING WRONG!
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#9
stand your ground mate go to court if you have to and arguee with the fookers its not your fault its royal mails, you done everything within your power that you were supposed to do
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do what i did once make up a recipt for the sale PRINTED
get someone who has bad writing to fill in name and add dated and copy it take it there say look i did sell it and well BLAG YOUR ASS OFF
get someone who has bad writing to fill in name and add dated and copy it take it there say look i did sell it and well BLAG YOUR ASS OFF
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Failing to notify the DVLA of a change of keeper/ ownership and also change of address is an offence. Obviously they will need to prove that you didnt send the V5 is nigh on impossible to do.
Have you changed your address and V5 for the M3 to your current address as the court may look at the also.
All you have to do is tell the court the truth and hope that they believe you. Dont go in there all cocky and with the steaming hump as all you will do is invite a conviction.
Dont knock the Police with this one as its nothing to do with us.. if a warrant has been issued for the arrest then we are empowered by the court to carry out the arrest. And your right we do have far better things to be doing.
You cant have upset them that much as they granted you bail.. could have been a keep you in custody and put you in front of the court the following day.
Have you changed your address and V5 for the M3 to your current address as the court may look at the also.
All you have to do is tell the court the truth and hope that they believe you. Dont go in there all cocky and with the steaming hump as all you will do is invite a conviction.
Dont knock the Police with this one as its nothing to do with us.. if a warrant has been issued for the arrest then we are empowered by the court to carry out the arrest. And your right we do have far better things to be doing.
You cant have upset them that much as they granted you bail.. could have been a keep you in custody and put you in front of the court the following day.
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Originally Posted by Metpol
Failing to notify the DVLA of a change of keeper/ ownership and also change of address is an offence. Obviously they will need to prove that you didnt send the V5 is nigh on impossible to do.
Have you changed your address and V5 for the M3 to your current address as the court may look at the also.
All you have to do is tell the court the truth and hope that they believe you. Dont go in there all cocky and with the steaming hump as all you will do is invite a conviction.
Dont knock the Police with this one as its nothing to do with us.. if a warrant has been issued for the arrest then we are empowered by the court to carry out the arrest. And your right we do have far better things to be doing.
You cant have upset them that much as they granted you bail.. could have been a keep you in custody and put you in front of the court the following day.
Have you changed your address and V5 for the M3 to your current address as the court may look at the also.
All you have to do is tell the court the truth and hope that they believe you. Dont go in there all cocky and with the steaming hump as all you will do is invite a conviction.
Dont knock the Police with this one as its nothing to do with us.. if a warrant has been issued for the arrest then we are empowered by the court to carry out the arrest. And your right we do have far better things to be doing.
You cant have upset them that much as they granted you bail.. could have been a keep you in custody and put you in front of the court the following day.
Also, i notified the DVLA of change of address on my licence straight away, and i have had 2 cars in my name and correct address since. If they had wrote to me at my current address, i would of replyed saying that i have already notified the DVLA.
I have a feeling i`m gonna get bummed tho...
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Have faith mate... im sure it will be ok.
Just explain that as far as you are concerned you have fulfilled your obligation of notifying the DVLA.
It is not a requirment that all the docs you have to send to the DVLA are recorded delivery and you cannot be responsible for failing either in the postal service or the administration of the DVLA.
I have had arguments with the DVLA for 2 years running when i notify them that the escos is scorned.. I always send them the scorn yet they say they havent received it and try to fine me £100. Normally a letter sent to them clears it up and no further action is taken. I think they realise there are failings in their system.
i would be surprised if you get a conviction.
Let me know how it goes.
neil
Just explain that as far as you are concerned you have fulfilled your obligation of notifying the DVLA.
It is not a requirment that all the docs you have to send to the DVLA are recorded delivery and you cannot be responsible for failing either in the postal service or the administration of the DVLA.
I have had arguments with the DVLA for 2 years running when i notify them that the escos is scorned.. I always send them the scorn yet they say they havent received it and try to fine me £100. Normally a letter sent to them clears it up and no further action is taken. I think they realise there are failings in their system.
i would be surprised if you get a conviction.
Let me know how it goes.
neil
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issuing a warrant for arrest for failing to notify the dvla for selling a car is fucking bullshit imo
i understand the cops are only doing what they re told, but what a waste of police time and resources
carl
i understand the cops are only doing what they re told, but what a waste of police time and resources
carl
#16
Same old story with DVLA, if it is not them losing it it is the posties.
I have over the years scrapped various cars, some scrap metal dealers had gone as far as to fax the DVLA about scrapping, and I have for one car given to the FIRE service(for training/cutting open) got a receipt from them, and one from dvla aknowledging it and I still four years later ger road tax reminders.
When I checked on dvla webbie a few weeks back 9 out of 12 cars that were scrapped are showing unlicensed, one was 1991 that it was scrapped.
I think if you offer to sign and affadavit, with words to the effect you sent it off, they will accept it, and not even bother to get you to sign one.
If the jp decides that one would be acceptable, they have shown thier acceptance of your statement so one is not then needed.
The courts are too well aware of the post problems, show them of course evidence of your change of address, (the reason why you got bail!!), notices cannot be served to the wrong address, they don't count, unless relatives etc.
tabetha
I have over the years scrapped various cars, some scrap metal dealers had gone as far as to fax the DVLA about scrapping, and I have for one car given to the FIRE service(for training/cutting open) got a receipt from them, and one from dvla aknowledging it and I still four years later ger road tax reminders.
When I checked on dvla webbie a few weeks back 9 out of 12 cars that were scrapped are showing unlicensed, one was 1991 that it was scrapped.
I think if you offer to sign and affadavit, with words to the effect you sent it off, they will accept it, and not even bother to get you to sign one.
If the jp decides that one would be acceptable, they have shown thier acceptance of your statement so one is not then needed.
The courts are too well aware of the post problems, show them of course evidence of your change of address, (the reason why you got bail!!), notices cannot be served to the wrong address, they don't count, unless relatives etc.
tabetha
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Originally Posted by arch
Blimey, in 17 years I have never heard of anyone being summonsed for this offence, let alone a warant being issued!
I'm just going to go in there nice and cool, and stick to my guns, and hope for the best
Will let you all know how it goes....
Ed.
#20
also if as you said registered your new address then this WILL be on there system and any letters they sent will have been sent to new address. So you moved out over a month ago i take it they havn't sent you any letters in over a year but all a suddenly arrest you in the street. The copper spotted you i take it for a reason and when he checked it happened that there was a warrant out for you? Or has he stiched you up and was looking for yoi on purpose
#21
just seen your last message. Get the letters that went to old address, these will be dated and you will be able to prove that you changed your address before these were sent. So it was there fault for sending to old address. Chances are it will then get thrown out for the fact they are not organised.
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Originally Posted by S1rst
Did you notify the dvla of your change of address as this is your responsibility too im sure, and no doubt they'll bring this up in court.
#25
Originally Posted by V6 EDC
Originally Posted by S1rst
Did you notify the dvla of your change of address as this is your responsibility too im sure, and no doubt they'll bring this up in court.
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I've just had a come back on a car i scrapped, got fined for not retaxing it when the sorn ran out, if you don't receive a confirmation letter within 4 weeks from the DVLA confirming your changes to the V5 (be it scrapping the car or selling it) it's up to you to get on to them about it
This came in when they changed the law about making it illeagal to sell a car without a log book (remember the ads about it being the sellers responasability to pay ANY fines on the car even if you have sold it cos it's the sellers responsability to check?).
Just got copped with £80 fine cos the scrap yard lost the logbook
and i still have to send a letter of confirmation about scrapping it or i get done again in a month or have to re sorn a scrapped car
When i chenged my addy on my liecence i never got all my V5's changed automaticly i had to do them individualy, i guess DVLA don't cross referance V5 by name as there's probably lots of people with the same name who own cars ?
Anyone had thir V5's updated automaticly?
I sent off an old logbook i found in the drawer last year and the conformation letter went to me mums (where i lived when i last reg'd the car it was for and the addy that was on the logbook), changed my liecence addy 15 years ago
This came in when they changed the law about making it illeagal to sell a car without a log book (remember the ads about it being the sellers responasability to pay ANY fines on the car even if you have sold it cos it's the sellers responsability to check?).
Just got copped with £80 fine cos the scrap yard lost the logbook
and i still have to send a letter of confirmation about scrapping it or i get done again in a month or have to re sorn a scrapped car
When i chenged my addy on my liecence i never got all my V5's changed automaticly i had to do them individualy, i guess DVLA don't cross referance V5 by name as there's probably lots of people with the same name who own cars ?
Anyone had thir V5's updated automaticly?
I sent off an old logbook i found in the drawer last year and the conformation letter went to me mums (where i lived when i last reg'd the car it was for and the addy that was on the logbook), changed my liecence addy 15 years ago
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I don`t have the exact date to hand, but about a week after i sold the Vectra, i moved house and notified the DVLA for my license and i also sent both logbooks off for my current cars. I wouldn`t of recieved a confirmation letter if they had sent one as i had moved address.
Basically, if they had of got there facts right in the first place, they would of sent a fine or a letter to my current address which has been updated since i moved.
On another note, if it is thrown out due to there error, can i claim back the petrol and a days wages i`m losing??
Ed.
Basically, if they had of got there facts right in the first place, they would of sent a fine or a letter to my current address which has been updated since i moved.
On another note, if it is thrown out due to there error, can i claim back the petrol and a days wages i`m losing??
Ed.
#28
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all this has got me worried now
i got a letter saying that a car i've sorned hasn't been sorned so i've got to get it sorned and pay the fine in the meant time
broek down 2 years ago and it's still in the garage
the last time they sent me a letter i told them that and sent th eletter off recorded delivery
sent this one off recorded delivery as well
i've not had a letter back from them yet and it's been a few months
are m16 going to swoop down in the middle of the night, bundle me into a van in my pajama's and take me to some secret hideout and interogate me for 28 days before releasing me (or shooint me in the head 7 times )
seriously
or shoudl i look at the website and see if it's registered sorn or not? (if i could rememebr the reg number)
i got a letter saying that a car i've sorned hasn't been sorned so i've got to get it sorned and pay the fine in the meant time
broek down 2 years ago and it's still in the garage
the last time they sent me a letter i told them that and sent th eletter off recorded delivery
sent this one off recorded delivery as well
i've not had a letter back from them yet and it's been a few months
are m16 going to swoop down in the middle of the night, bundle me into a van in my pajama's and take me to some secret hideout and interogate me for 28 days before releasing me (or shooint me in the head 7 times )
seriously
or shoudl i look at the website and see if it's registered sorn or not? (if i could rememebr the reg number)
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dojj i had the same problem as you with dvla they kept telling me they had'nt got my sorn and it took ALOT of phone calls and letters to sort it i now do all my sorn's online as you get a confirmation email as soon as you've done it so you have the proof if they try and tell you that you didnt sorn it
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but this was 2 years ago, and, seeing as they hadn't recived the first letter, i made sure that i didn't cause a fuss by sending the second letter recorded delivery (after phoning them up to make sure i was going to send it to the right place)
how do we stand legally though?
seeing as we don't have to proove that we've sent anything off, and the dvla don't have to proove that they sent us anything, they could send us all out fines and we'd have to pay them
or would we?
how do we stand legally though?
seeing as we don't have to proove that we've sent anything off, and the dvla don't have to proove that they sent us anything, they could send us all out fines and we'd have to pay them
or would we?
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Bloody DVLA . I bet the bloody logbook did get there, i reckon organistation of that place could be improved...
Well, i`d better go or i`ll be late. Will let you all know how it goes...
Ed.
Well, i`d better go or i`ll be late. Will let you all know how it goes...
Ed.
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Originally Posted by dojj
they could send us all out fines and we'd have to pay them
or would we?
or would we?
#33
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Like i say the best/safest way to do it and avoid a fine is online i think so you have that confirmation email should they try and tell you that you didnt sorn your car ect..
#34
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Good luck, hope you don't have to pay court costs as well as a fine.
DVLA are muppets. My Dad died 17 years ago, and we informed them and sent his driving licence back etc, then in January this year he would have been 75 and they wrote to our old address asking him about re-taking his driving test or something - I gave them what for over the phone
DVLA are muppets. My Dad died 17 years ago, and we informed them and sent his driving licence back etc, then in January this year he would have been 75 and they wrote to our old address asking him about re-taking his driving test or something - I gave them what for over the phone
#35
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http://www.vehiclelicence.gov.uk/EvlPortalApp/application;JSESSIONID_EvlPortalApp=HMJKnszqq5My8v mTKkLTpxQyyndz9Nnj6hFnCdPFQGkJpjkXKfW4!-329305640!-878575831?pageid=Vehicle+Enquiry&portletid=Vehicle Enquiry&portletns=VehicleEnquiry_en&wfevent=link.n ext
that link says it's been sorned at the start of this month and yet i've done nothing
i'll wait for a letter to possibly not turn up then before hiding like osama
focusbird
jim henson made better muppets than they've got at the dvla
that link says it's been sorned at the start of this month and yet i've done nothing
i'll wait for a letter to possibly not turn up then before hiding like osama
focusbird
jim henson made better muppets than they've got at the dvla
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Well, I`m back. Got there 10 minutes early, and i was there for all of 20 minutes before i was called in!
Basically, she asked why i had not paid the fine and i told her that the letters were going to my previous address and not my current address and i knew nothing of them. And then she asked why the V5 was not sent off to the DVLA, and i corrected her and said that i had sent it off as instructed.
Then she asked what date i sold the Vectra, and i explained in a perlight manner that i did not know the exact dates but still gave her a rough date. Then, she looks it up on her computer and it turns out i was about a month out from the rough date i gave, and tried to accuse me of being innacurate. Then i told her the date i gave was a ROUGH date, not the EXACT date.
So, i`ve been told to write a letter to Chelmsford court and ask for the case to be re opened (Failing to notify), so that i can appear in court AGAIN, to explain to a judge why they apparantly did not recieve the V5.
I THINK, the fines for not replying to the previous letters and summons because of incorret address has been thrown out and all i have to do now, is explain about the logbook itself. I hope.
What a load of f**king hassle, cost me £15 in fuel and a day off work and it STILL ain`t sorted.
Best get writing a letter me thinks...
Basically, she asked why i had not paid the fine and i told her that the letters were going to my previous address and not my current address and i knew nothing of them. And then she asked why the V5 was not sent off to the DVLA, and i corrected her and said that i had sent it off as instructed.
Then she asked what date i sold the Vectra, and i explained in a perlight manner that i did not know the exact dates but still gave her a rough date. Then, she looks it up on her computer and it turns out i was about a month out from the rough date i gave, and tried to accuse me of being innacurate. Then i told her the date i gave was a ROUGH date, not the EXACT date.
So, i`ve been told to write a letter to Chelmsford court and ask for the case to be re opened (Failing to notify), so that i can appear in court AGAIN, to explain to a judge why they apparantly did not recieve the V5.
I THINK, the fines for not replying to the previous letters and summons because of incorret address has been thrown out and all i have to do now, is explain about the logbook itself. I hope.
What a load of f**king hassle, cost me £15 in fuel and a day off work and it STILL ain`t sorted.
Best get writing a letter me thinks...
#38
so reading from a post above, its up to you to makesure they know. as you will recieve a confirmation within 4 weeks if thats correct. So sounds like it may be your fault altohuhg not entirely fair.
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I might you know, fuel, loss of earnings, yet alone the bloody hassle.
You stick to the rules, and they fuck you over!
From now on, i am going to send all logbooks via recorded delivery to prove that they received it because they are so disorganized.
You stick to the rules, and they fuck you over!
From now on, i am going to send all logbooks via recorded delivery to prove that they received it because they are so disorganized.