Failure to notify. Another case!

[renegadeimp]

I always send the letters with free proof of postage. Thats it. If they try to come chasing me, i simply give them a copy of the receipt and tell them "feel free to take me to court. I look forward to you handing me compensation for wasted time and my costs".

[vengeancedemon]

Re my post (#98) I amazingly have had a reply to my questions from DVLA

 

quote: " I can confirm that it is acceptable to send documentation/applications via Royal Mail

 

It is at your discretion to use alternative forms of delivery

 

(signed)

 

L Hodgetts Customer Enquiry Group"

 

Don't know if this will help at all?

[renegadeimp]

Nice vague answer there as usual from the DVLA.

[SURFBOY]

Maybe the question should be re worded.

Something like " In light of the appeal court judges comments from case xxxx ect. What would your (DVLAs) legal requirement be in order for a registerd keeper to notify you of a change of keeper? "

[Number6]

Maybe the question should be re worded.

Something like " In light of the appeal court judges comments from case xxxx ect. What would your (DVLAs) legal requirement be in order for a registerd keeper to notify you of a change of keeper? "

 

From the comments in my case it would be to send by registered post or take it to a DVLA office.

[nehpets]

From the comments in my case it would be to send by registered post or take it to a DVLA office.

 

Sorry, been away sunning myself for a couple of weeks!

 

Number6, you need to fight fire with when you get a Judge like the one you got!

 

Remember that he said that he would only be looking at the actual wording contained in the Act itself?

 

Well, the act itself doesn't mention the DVLA. Instead it talks about the 'Secretary Of State'. So far as I am aware, the Secretary of State (For Transport) is an actual person and not an organisation.

 

On that basis you could give any Judge a fairly serious problem if they persevered with their stance on what the term ‘deliver’ actually meant. If they were unmoved on what the term meant then you could insist that each and every term or sentence contained within the Act should be interpreted in exactly the same literal and inflexible manner. In the same way that the term ‘service by post’ is not mentioned directly within the Act, you could claim that the DVLA are not directly mentioned either. The Judge would have to apply his finding to the whole sentence (where the Act states that ‘you must deliver the document to the Secretary Of State’), he couldn’t simply apply it to the terms or words which suited him best whilst completely ignoring others.

 

I imagine that this would create a fairly serious problem for any Judge since he would be angling toward an outcome (judgement) which would basically require people to physically place documentation into the hand of the Secretary Of State himself – taking it to a DVLA office would not be enough since the DVLA are not mentioned in the Act and therefore giving it to the DVLA does not fulfil the exact obligation which the Act itself lays out.

[Old Cogger]

SECTION: - DVLA were duly informed by post shortly after the transaction, the information sent to DVLA Swansea using the Royal Mail facility, as DVLA being the Executive Agency of the Department of Transport. In line with Section 7 Interpretation Act methods of Delivery.?

[Gregd1275]

Hey Guys, is this thread still alive?

[Tony P]

Greg

I would suggest you open a new thread with your own specific query/problem.

 

You will find just as many followers here who will see it and give their same level of advice as was here, albeit based on slightly more recent knowledge (not that there was anything wrong with this thread).

[Gregd1275]

Cheers Tony, I thought it may be easier to build on the discussions that have already taken place here, rather than start afresh.

[letsgetitsorted]

hi gregd1275

if you let me know where your thread is i will try and help out.

[dw190]

hi gregd1275

if you let me know where your thread is i will try and help out.

 

gregd1275 doesn't have a thread. He has made two posts and they are both in this thread.