DVLA taking me to court ! HELP NEEDED !

[buzby]

Nobody can predict the outcome (even of a dead cert), but if I was in your shoes, I'd fight ir, as your move prevented any notice being served. As you had other vehicles, a 'reasonable person' would assume that they would have access to all your change of address details, so should have realised your lack of reponse was due to the only vehicle not to have the address of the RK updated. All this proves you've done nothing wrong.

[buzby]

should I take this aproach:

 

http://www.consumeractiongroup.co.uk/forum/dvla/249629-dvla-failure-notify-new.html

 

and send dvla something like the letter in first post ? will that cease the court action and would it be even worse if they know my defence ?

 

No. You've gone past that stage. I've heard of folk sending a similar letter and NOT going to court, only to find the case called as scheduled and they now had judgement against them. By all means send the lewtter anyway, but be prepared to go to court anyway, as they may withdraw on the day if you turn up.

[rudy691]

but would sending it to DVLA disclose my whole defence ?

[rudy691]

another guy tried snooplootys letter and got the case dropped

 

http://www.consumeractiongroup.co.uk/forum/dvla/249629-dvla-failure-notify-new.html#post2997406

 

will give it a go - can't hurt me anyway

[Raykay]

True, but then this disadvantages the OP as it could be implied that no attempt was made to comply with the rules. On the vehicles I have acquired and not got a V5C speedily, a call to the previous owner usually sorted the problem (as a reminder!).

 

It makes no difference to the OP as he correctly sent the completed V5C to DVLA and wouldn't know that DVLA had lost it, On.the back of the V5C/2 is written that if a new registration certificate is not received within 6 weeks to contact DVLA - nothing about contacting the old keeper - which appears to be what the new keeper did so I don't see how that disadvantages the OP. Obviously if the old keeper is slow in sending the V5C, contacting them may speed things up, as you have found.

[rudy691]

i've send the letter from snooplotys topic a week ago and today I had a response letter from DVLA saying that they're withdrawing the charge and the case has been dropped !!!

 

THANKS EVERYBODY AGAIN !

[SARLynch]

Going to court on Monday

 

I live near the DVLA so handed in my V5C to their front reception. It took them over 13 months before they threatened me with a fine and when I refused to pay we went to the magiatrates court for a hearing.

 

The trial starts monday as I have said

 

ANY ADVICE ??

[rudy691]

didnt you get some sort of a receipt when you hand it over ?

[SARLynch]

No - I know it was silly but up until the june I worked there so when I handed it in to the desk I did not think anymore of it. I have asked the DVLA for a copy of the CCTV for the date and time that I know I handed it in but they say they no longer have it.

[buzby]

Strangely, you are in a worse position than someone posting it from Lands End or John O'Groats. There, there is an expectation of delivery, their reception by hand would require a witness to the delivery to put you on a par. CCTV would not have helped you anyway, unless you held it up to the camera on the way in, this is because you could have gone in for a variety of other purposes....

[SARLynch]

Strangely, you are in a worse position than someone posting it from Lands End or John O'Groats. There, there is an expectation of delivery, their reception by hand would require a witness to the delivery to put you on a par. CCTV would not have helped you anyway, unless you held it up to the camera on the way in, this is because you could have gone in for a variety of other purposes....

 

 

Would req what???

 

I have asked for a copy of the CCTV but they say they no longer have it. Also I sold my car to a garage which they sold on within a week the tax ran out 2 weeks later. It was not until 13 months later that they realised that the details had not been changed even though the new people had taxed it

[SARLynch]

Sorry the rest of your post only just arrived. This is my problem but surely they still have to prove that I did not take it in?

[SARLynch]

I feel it is unfair to ask any of the girls on reception if they remember me handing it in as they used to see me on a regular basis when I worked there and it would be asking them to confirm a particular date that was 2 years ago!!

[buzby]

They don't have to 'ask the girls'. Even if I hand it a document to my local DVLA I am given a receipt date and time stamped. I and many others agree that the current system is flawed, but the saving grace is we can challenge them based on the Interpretations Act, and this gives the DVLA a problem. By not using the Royal Mail, you lose the protection of the IA, and effectively it becomes your word against theirs... I think you know where this is leading.

 

Your only hope is to use the delay in them brining the action in that their CCTV and or staff recollections have now been lost you so cannot provide the required proof of delivery. A sworn affidavit might also do the trick.

[SARLynch]

I was not given a receipt from reception as I was known to them and some of them could have been under the impression I still worked there. How do I do a sworn affidavit?

[buzby]

Most solicitors can do this - usually quaintly referred to as a 'Commissioner for Oaths'. Shouldn;t cost more than £25-35 or so depending on your location. Basically you are making a sworn statement of your actions, ans asserting under oath that they are true.

 

As an aside - (if my office is anything to go by) reception has no ability to issue receipts, only the public counters, where the business is actually transacted.

[SARLynch]

Thank you for that

 

Can I also use the Human Rights Act 1998, Schedule 1, Article 6, section 2

“Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law. "

[buzby]

Not really. This is a civil offence, not criminal.

[SARLynch]

But I am at the Magistrates Court on Monday I thought they only dealt with criminal cases?

[buzby]

I'm only up to speed on the Scottish system. Any DVLA actions I've seen were not criminal proceedures. If this is a Summary action in the Majistrates court, I'd seek legal representation and not risk DIY.

[Raykay]

The OP's case is failing to notify change of keeper and is a criminal matter dealt with at Magistrates Court.

It's the Late Licensing Penalty that is a civil matter and dealt with at County Court.

[buzby]

My mistake. Nevertheless, I'd involve a solicitor pronto. This post may be of interest; http://www.theregister.co.uk/2010/05/03/dvla_court/

Edited July 16, 2010 by buzby

[Lewis2012]

i have been asked to attend court (as a director of my company) over " lost post ", now is there anyway they can proof i didnt send them there letter? just for the record i did. but of course the DVLA say i didnt, i have found the freedom of speech lettering floating around the internet (thanks mr collins) but im not 100% sure this will stand up in a court now (2012) as this freedom of speech letter was created back in 2009. so really i need all the help i can get.

[crem]

Lewis2012, I assume you are being taken to court regarding failing to notify a change of keeper? If so, the correct defence is to use section 7 of the Interrupations Act which state:-

 

proof of posting.Under the Interpretation Act 1978 Section 7

 

by eggie » Fri Nov 25, 2011 9:10 am

1. Under the Interpretation Act 1978 Section 7, it states:

 

Where an Act authorises or requires any document to be served by post (whether the expression "serve" or the expressions "give" or "send" or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have effected at the time at which the letter would be delivered in the ordinary course of post."

 

Make particular note of the bit I have highlighted as teh DVLA have a habit of claiming that you as defendant should have made sure the document was absolutely "delivered" into their possession.

 

As you can clearly see from the law though, you have "delivered" it as soon as it went in the postbox, as "deliver" would come under the provision of "or if any other expression is used", unless they can prove you didn't put it in the letterbox.

[Lewis2012]

Thanks for that, can i ask where your sourced it from?

 

do you know if the freedom of information sheet will do me any justive in court, as it was sent to a mr collins and not to myself.

 

Thanks