DVLA act unlawfully whilst losing your letters and blaming you for it

May 5th, 2010 106 Comments By Mof Gimmers

dvla 300x158 DVLA act unlawfully whilst losing your letters and blaming you for itMany companies act like complete arseholes when correspondence goes missing. The amount of times I haven’t been sent a letter or the postman has eaten it (or whatever they do with them), to be then chased up with a grouchy phonecall has gone past the point of trying to remember a number.

However, most companies will concede and sort things out with you whilst you’re on the phone. Not quite the case with the DVLA who’s off-road notification system has been described as “a shambles” and “legally unenforceable” and in “administrative chaos” according to The Reg.

Two court cases suggest that the DVLA has been acting unlawfully and, despite what it thinks, doesn’t have the power to push motorists around like they do.

In one case, the DVLA was seeking a judgement against James Collins on the grounds that he had failed to notify it when took his vehicle off the road (SORN). However, Mr Collins had indeed notified them and in fact, it was the DVLA who had dropped a bollock by losing his details. The judge agreed that it wasn’t Mr Collins’ fault and he shouldn’t have to stump up the cash to send correspondence by recorded delivery or any proof of posting for that matter.

If that was the case, and us plebs had to send everything by secure means, then the same would need to be required of any organisation we dealt with and, of course, they wouldn’t want that as their postage costs would go through the roof.

In another similar case, Duncan Peck had a row with the DVLA over lost paperwork. The DVLA tried it on and said that Mr Peck should’ve rung them if he didn’t receive any acknowledgement from them. Once again, the judge in question sided with the public saying that the DVLA have no statutory power requiring anyone to ring them.

This of course, doesn’t stop the DVLA sending out bailiffs should anyone try to cross swords with it. These rulings could well be a serious blow to the organisation.

The simple fact of the matter is that the DVLA do lose mail and correspondence and are still seemingly happy to send out debt collection agencies even while complaints are under investigation.

This simply isn’t good enough from a company that pockets somewhere in the region of £10m per year from penalty notices.

A spokesman for the DVLA: “The DVLA does not impose any requirements for customers to obtain proof of posting or use recorded delivery in their dealings with us. However, and this is a key point, the onus is on the customer to ensure their off-road notification is delivered to DVLA.”

“With reference to non-receipt of acknowledgement letters by customers, there is no legal obligation on the customer to contact DVLA if they do not receive their acknowledgement letter. However, and another key point, we do advise customers to contact us if this happens so that we can confirm if their notification has been delivered to us or advise them otherwise how to comply”.

There are calls to have a more open and transparent appeal system concerning the DVLA as, currently, they are self-regulatory. With these court cases and apparently lack of sympathy for genuine mistakes, the DVLA could lose the support of all motorists.

Comments (106) Jump to most recent comment
  1. Posted by Jo September 7, 2015 at 8:53 pm

    Same prob here .
    Sold my car to a dealer in February this year , sent off the slip ..
    A few months later I had a letter saying I have no insurance , no because I don’t own it !
    Made a phone call to be told to send proof of the sale , I did that !
    Then I received a car tax refund for the months left on the car tax :) ( £2.50 ) hey ho better in my pocket eh lol .
    Then a letter followed confirming I’m no longer the owner of the car …. GREAT !

    Oh no ! Today I have had a penalty for £100 for no insurance on said car !

    How much do we pay these idiots who work for the DVLA !

  2. Posted by Paul H September 8, 2015 at 5:07 pm

    The DVLA are a disgrace. Every letter I send them they cannot find – until I quote the registered letter reference. Now they have lost my letter and as a result I no longer have a driving licence – they cancelled it a month ago and I had no idea. The fact that they say it takes them 9 BLOODY WEEKS to respond to an inquiry made me think that it would take a long time. Only to find that when I called today to chase it up they said that they have not received my letter and as a result now my licence is cancelled. They are incompetent unaccountable and some of them are quite nice – but you cannot blame the ratty ones who get the hump on the phone from drivers as they probably get it day in and day out with all the complaints because they are so bloody useless!

  3. well can Anybody advise upon this,i got banned from driving in august 2012 however after many important facts in relation to attend court pay soliciter £350.00 to state my case i applied for licence to be reissued to court and judge accepted my reasons and granted me my driving licence back in november last year instead of the said date of august this year the information was sent to dvla and faxed to them from clerk in lawcourts after many weeks i finally recieved my new licence back has far has i am concerned a;ll updated in correct law abiding manner i have lived at my current address for 2years this is where it was issued to bfore this my old addree which i resided for 10 years is also on dvla,s system and again due to previous corrospondence some years ago regarding private plates all retention documents were recieved there without any problem then in another old property of mine going back to 2001 they now are claiming a letter from medical at dvla was sent out december last to this address ftom i resided at 2001 {14 years ago} stating that i must have medical before new licence will be granted with private doctor they use ,my argument is this all my information i provided has been correctly updated and dvla have been informed in correct format NNOW afterlooking at http://www.gov veiwmydrivingrecord to send to my insurance company to give licence info for their records to be ligit and legal i saw upon http://www.gov str\nge information which didnot make sence to me all my previous banned info is on there the time date conviction plus date licence was passed by court and returned early so all this up to date however upon under headings of driving status i clicked and it displayed no entilement then 2ndly i clicked vechiles i am allowed to drive again stated non driving entilement i held back on sat from sending info to insurance,i rang dvla yesturday monday and was told licence had been revoked due to letter being sent in regards to having medical examination they sent to 14yearold address,so obviously i did not recieve and i recieved licence back in november last year yet they r trying to tell me the letter was sent 15/12/15 i got licence 12/11/14 passed by a judge no infomaion was requested for medical only upon quering my http://www.gov veiwmy driving record has this been discovered they are trying now to tell me i must reapply for another licence and attend a medical before another licence will be issued i am disgusted at the facts here not only are they have not informed me as urgent due to revoking licence due to threir incopetence and mistake error appently december last year yet got licence back november last year without any format of medical was required firstly they have let me basically drive unbe knowingly to myself they revokrd licence which i have had back now 8months ago but on the basis if another vechile had collided with myself or vise versa my insurance would be void due to their own lack of doing their job correctly and back footing on this serious subject which i am not prepared to do in responding accordingly with law and THEIR IMCOMPETENT THROUGHOUT CAN I FIGHT THIS anybody think iam correct please thanks lisa

  4. Posted by ferkemall September 15, 2015 at 1:59 pm

    Bought a car going on 9 weeks ago off a little old lady who needed the money because her husband had died, her son felt with the sale and said he would post thedocs off next day , 5 weeks later no docs so called him and checked to see if he had intact posted them ,better than that the DVLA sent his mother a notice saying if she did not tax the car THEY WOULD BE FINED £100 ,the son phoned up the DVLA to be told by someone Davies that not to worry everything had been sorted out and the CASE WAS CLOSED ,

    Its a shame they did not tell us that the DVLA sent me a communication saying that the car was taken off SORN because I not the registered keeper ,and I could be fined for having a vehicle that was not taxed ,if I refused to pay the fine I could be fined £1000 ,
    I tried to fill out a complaint at gov.drive but there was a problem It could not be sent because I had not filled in my birth date correctly or there to many digits in the box or whater I did or do it was not going to post ,then I looked up to the address bar to see a red flag on investigation my Google security was up to scratch so I could not send it even if I could get around the claymore mine they set with the birthrate trap .

    I could not email them so I phoned them only to be met with a Gavin and Stacy set up ,something like bing bong bing morning campers , gave her all the details ,well she said that take another 2 weeks ,at that point I just called it a day , but then I thought I would go through an online problem site ,wrote it all out gave them all the details bearing in mind that they miss spelt my name and I had to correct them ,and double check ,so when I did the complaint guess what THEY MISS SPELT MY FKING NAME AGAIN
    I only have 4 letters in my name and they keep changing it ,

    Then this twat from their conciliation DEPT ,they must be busy, asks me for all of the information again ,then I get a notification asking me for my address ( the very one he printed on the bottom of the doc he just sent me ) he also asdked me for a VRM how the fk do I know what that is ,doubtless this will be used against me and the whole thing will be my fault that they lost the docs in the first place ,
    I have a simmering feeling that if I had born in wales I would not have a problem ,as it is I was not thank god ,the only reason they put the DVLA IN WALES because its to fat to drive with a baseball bat ,I say bring it back to england and build a fking wall !

  5. Posted by ferkemall September 17, 2015 at 10:00 am

    Well since using the online Resolver web site it seems that I have 3 DVLA consolidation staff looking into it but still no documents ,I lost it a bit because the situation was an obvious money trap set up the DVLA for the public they must be making millions out of it ,so now they have heard from the previous owners ,I phoned them and used Recover to contact 3 more of their staff ,it seems that if they use one person to deal with a problem and it does not get resolved you could file a complaint sgaist that one person but they don’t do that they toss your complaint into the dept then various people have a go at it the fact that the dept who lost your docs in the first place does not seem to have anything to do with it ,just how much the DVLA make out of this and other scams on the public will never be known .

    The next scam now the gov have have left out the nitrogen oxide out of the mot and given cheap road tax to diesel owners and now have raised the amount of diesel vehicles to appx 28 million its time to hit them with the Euro 5/6 regulations which means if you own a diesel that non compliant you will have to pay appx £10/12
    Just to drive into places like Southampton and of course London other councils are putting in for clean air zones and ultra low emission zones and these are spring up all over england and the DVLA will be at the forefront of the money grabbing teaming up with technology like pnr cameras and face recognition ,if you look as you drive around you will notice even more cameras going up scanning the motorists they are putting the infrastructure ready to collect even more revenue ,the annoying thing is that the press have not picked up on just what will happen when all diesels go over to Euro 5/6 ,everything is carried by diesel and the cost of living is set to go through the roof along with the fines /charges for driving into city centeres and emission zones !

  6. Posted by ferkemall September 17, 2015 at 10:14 am

    The only safe way to stop DVLA fining you when they apparently loosing your docs when you buy a vehicle is to take a picture of the complete document before they tear off the little part of the bottom and give that to you make sure you get all of the details and when they go down the rout of starting to fine you you can send them a copy of the document with the relevant date of posting !

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