Hi-sorry um unlicensed-the wording is the DVLA is currently preparing a claim against you as the registered keeper of an unlicensed vehicle.
I havent received a court summons,
the letter reads that should i wish to avoid this action then i must pay an out of court settlement of £80.00 immediately, otherwise legal action through the courts may commence and your vehicle may be clamped or impounded.
The intended action will be made in accordance with section 7a of the vehicle excise and registration act 1994. Please be aware that you are (or may be) contravening section 31a of the vehicle excise and registration act 1994 (or of the act) which commands a minimu fine of £1000.00 if convicted.
I have since responded to this letter with this-
I am writing to you in reference to the attached letter I received from yourselves concerning my old vehicle F*** ***and my refusal to pay a fine for apparently owning an unlicensed vehicle.
I bring your attention to the interpretations Act 1978, sec 7 which states “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 affected by the 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 cost of post.”
An acknowledgement letter will not prove beyond reasonable doubt the sending or not of a V5 registration document. If the DVLA either failed to receive the document or failed to process the document then it is the DVLA or post service who are at fault and therefore I have committed no offence and should not be fined.
My change of owner slip was posted on the 26th October as required, and whilst I have been reminded that should I not have received confirmation from the DVLA within 4 weeks I should have phoned the DVLA to chase, however “The DVLA have no statutory right power requiring anyone to ring them or otherwise respond should they not receive an acknowledgement letter.”
I enclose the sales invoice from my sale of the vehicle to blade on the 26th October which should provide enough evidence that the car was not in my possession or under my ownership on the 1st November.
I have received a text this morning again from intercredit stating that my case is being scheduled through Northampton county court.
I have received no further letters to date.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).