MWF
Posted a lot
Posts: 2,945
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Jul 28, 2011 14:03:22 GMT
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Could be classed as an administrative charge, however businesses are expected to charge in accordance with what it realistically costs them in administration. An Admin Charge is still an Invoice, and still needs to go through a Court of Law to be enforceable. That's why if someone doesn't pay a Bill [Invoice], they get taken to Court to enforce the payment. Yes that's why I suggested it. Some admin/penalty charges are backed by legislation, but even those can go to court too. |
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Jul 28, 2011 17:49:50 GMT
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Look at it this way,
The only reason for you to "pay" anything is because they have rendered a service to you which you accepted by consenting to contract with them, they charged you for not carrying out your part of the contract, that's what this is about and they could claim you agreed to pay the charge when you accepted the terms and conditions of their contract.
However, the Onus is on them to PROVE they have a contract with you, that is to say, they must produce your (original) signature on a piece of paper (V5) to say you are the keeper of the vehicle in question.
Without evidence of this, what is to stop them writing to every tom dick and harry demanding £80 from everyone?
I guess if it ever did go to court they would need to produce this if requested during the hearing to prove you ever were the keeper.
In my experience there system is faulty and they don't seem too confident if challenged on the claims they make.
If the account is passed to a debt collection agency the link between you and the account becomes much more tenuous as the DCA most likely never see any V5s or have access to them so therefore they rely on bullying people into admitting they are the persons liable. (in other words, owning up and voluntarily paying the charge)
In the past I have demanded they provide proof I am liable before I make any payment, the fact that "their records show, blah blah" is not good enough.
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1985 Bedford CF2 camper 1991 Volvo 240 Turbo |
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Jul 28, 2011 19:07:00 GMT
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What about the recipt you get from them after the change of ownership/thanks for declaring, as this was what they were trying to get me with.
As it says on the back of the log book, you should notify the dvla if you have not got your notification in 6/8 weeks.
I cant remember the exacts as it was a while ago when I last had the run in with them, but am standing firm and not paying a penny with out being issued with a court order.
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Some days you just need to take a grinder to an inanimate object, just to make your day a tiny bit better!!
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Jul 28, 2011 21:17:58 GMT
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The letter they send you is nothing but that, a letter, you are not obliged to keep it (but it can be handy in this situation)
Just be firm with them, send a letter to them (recorded delivery) clearly stating that you are not liable and that as far as you are concerned the matter is closed.
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1985 Bedford CF2 camper 1991 Volvo 240 Turbo |
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Jul 28, 2011 22:55:00 GMT
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god how many more times does it have to be said once you post the letter you are no longer liable for anything (no proof is required of postage) its been on tv,media etc plenty of times that the dvla have lost every case they've tried to take to court, they now don't even bother as they don't have a leg to stand on in law.
as said they've been told by the courts to stop sending the things out but like like private parking "penalty notices" they continue as the gullable pay & its a nice little earner.
just tell them you sent logbook in as scrap & that you are no longer the keeper & you'll not be answering any further correspondance on the matter as it will be forwarded to a solicitor.
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theres more to life than mpg & to much power is just enough.
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JohnK
North East
Posts: 470
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Jul 28, 2011 23:30:10 GMT
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Basic rule of law - 'The Postal Rule' - Once it's been dropped in the post box that serves notice and it's out of your hands (particularly handy in Contract Law where its deemed served FROM THE TIME ITS POSTED - not when they actually receive it!)
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1999 'V' Rover 620Ti
1999 'T' Mercedes E55 AMG
1997 'R' Ford Probe 24v
1994 'M' Nissan Maxima 3.0
1992 'J' Honda Prelude 2.0iS
1986 'C' BMW 728i Auto
1985 'C' Talbot Solara 1.6 Minx
1984 'A' Talbot Horizon LE Ultra 1.3
1978 'S' Ford Cortina 1.6 GL
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VIP
South East
Posts: 8,293
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Basic rule of law - 'The Postal Rule' - Once it's been dropped in the post box that serves notice and it's out of your hands (particularly handy in Contract Law where its deemed served FROM THE TIME ITS POSTED - not when they actually receive it!) Not quite, it's deemed as served from the point it would be expected to arrive at the address, by the service you specified via the value of stamps/postage marked on the front. So if you posted something First Class, it would be deemed as served the next day [unless a Sunday]. It might seem petty, but it's a very important difference. |
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