Hi Princess. Feel free to. However I''m not sure how much difference it will make. Personally I would make sure that you use the IA. Also if poss sit in on a couple if cases before yours.. Good luck. Ps don't be nervous . You'll be fine

Well, just recieved my Cheque today from the HM Courts. The princly some of £35.87 Do I frame it or cash it ? IT DOES FEEL GOOD THOUGH !!

That would be nice. But I'm not sure on what to do. I bet they can wriggle out of it because they are protected by the crown.

Not guilty ma lord.. What a sham ! 2 days in court, lost earnings, £200 , research into the defence 9 hours @ £10 per hour, £90. Not able to claim these costs back . All the stress, lack of sleep and trouble for the sake of £35 ... Well at least justice was served and I was proven NOT GUILTY !! The only true defense needed was the interpretation act section 7. I did have a copy of the v5 that I sent to Dvla.Which may have helped with the magistrates but the clerk pointed out that IA was the a defence. I did originally quote IA , send copy of the logbook to the prosecutor in the first instance . But she still took it to court . I do think that she was just wasting my time ! I did at one point want to jack it in but I wouldn't standby and let a stranger take money out of my wallet and just do nothing. Thats what kept me going. I sat in on all of the cases before mine so that I knew what to expect...which was very useful . Thanx to everyone for their help, support and advice..

From what i remember, I don't think that they did. However surely the clerk is there to point out law and legal requirements to the mags. I have pointed out to the Dvla prosecutor that I have fulfilled my legal obligation but she has still pushed it to court.. She know my defence , interp act etc. So must have a counter argument or know that the court in this case will be on her side.

Thanks Raykay. I assume that there isnt an act or section specific to the acknowledgement letter. If the prosecutor refers to the onus being on the reg keeper to check that the records have been updated then is there a defence for that ? I think the charge is "failing to notify the secretary of state forthwith" . I have already sent a letter to the prosecutor stating interpretation act and that it is for them to prove that I didn't post the v5. However her reply was that I failed to notify , not failed to post . They appear to be very bullish. They make a fair bit of money out of an afternoon in court. Any thoughts on the defence ? Ps sorry for hijacking the thread

I have a similar case on here ref failure to notify. I attended court on first date, it got adjourned for trial on 5th may. So to assist my case I sat in court recently on a Dvla day and to be honest the court found most people guilty because the magistrates said that the onus is on the owner to chase up the acknowledgement letter. The clerk of the court who should know the law also agreed. I suspect that I will have the same problem when I go to court.

Sorry Pat , My case has been adjourned til May, the case above that i'm talking about, is one that i sat in on, to listen to the argument / defence provided by the prosecutor. I'm trying to prepare for my case and want to make sure that I cover off all the things that i need to in court and may even decide to write a statement to read in court that covers all of the items that need to be covered. I know that the prosecutor quotes the section of the act that says "failed to notify SoS forwith" that is an act but i get the destinct feeling that because the Mags is a court of fact that they will find me guilty because i did not follow the "acknowledgemt letter process" even though its not law....

So Can her statement be brought into question ? And it pointed out to the mags, that there is no such onus ? It is a key point in the interpretation act defence that onus is not on the RK.

What I found quite disturbing is the fact that the prosecutor told the clerk and magistrates that " the onus falls to the registered keeper to make sure the records have been changed and to chase the acknowledgement letter" Correct me if I'm wrong but is she lying ?

Thanks zoomboy. Well I've been to court today, the case has been adjourned for a trial. 5th may. Some one did try to say that they had posted there v5 by first class post and it could have got lost. He said that he had previously sold cars and sent documents and had no problems. Magistrates found him guilty on the grounds that because he had previously brought and sold a few vehicles that he should have known to chase the acknowledgement.

Well, Off to court tommorrow. Hopefully i will come back with good news. Does anyone know of people who have lost ref Failure to notify ??

Cant remember if I signed the letter, will that be a problem? I did sign the not guilty plea

** Update ** Sent Snoops letter, obviously with my details etc on. I sent it by recorded delivery last week. Delivered and signed for at DVLA LO Birmingam on 23.02.11 at 08:53. My plea was that of "Not Guilty" and i also asked for their "witness" to attend rather than his statement be read out in court. Court date is 03.03.11. its now 28.02.11, my question is "Do i call to make sure they've read it and give them the opportunity to respond. Or do i sit it out and wait for the court appointment. ???? " Is it too late for them to send a letter out to me ? Do i call them ? regards W

Sorry Zoomboy, I got you confused with Moozer