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DVLA failure to notify - Weak case


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Hi folks,

I have read with great interest all the other DVLA related threads on the forum.

 

I think it's outrageous what the DVLA are doing, anyway, on to my predicament.

 

Salient points are as follows

Sell vehicle in September 2011

Post V5c to the DVLA the same day. The postbox is directly opposite my house!

Receive a letter earlier in the year with a fine for failure to notify

Then recieve a questionaire to return, which i did they now say they haven't recieved this either!

Then post a letter explaining that I sent the V5c and it isn't my fault if they or Royal mail have lost it.

They reply stating that this isn't a defence and are demanding payment.

I do not respond to this letter (What the hell is the point?)

Letter recieved today with court date set.

Attached to letter is a Guilty/Not guilty form.

 

 

So , my problem is this.

1. I don't have a copy of any of the paperwork I sent to them, even the one letter they do admit to recieving

2. I am unemployed and without funds for legal representation

 

So I am left with two options as I see it.

 

1. Plead guilty and ask whether I could pay the fine in installments (The thought of this makes my blood boil)

2. Attach a covering letter to the 'not guilty' form outlining the fact that waiting for a letter from them to confirm the vehicles disposal and therefore them recieving the v5c is not a legal requirement and that sending the V5c to the DVLA constitutes informing the Secretary of State. And that this would be my defence when attending court.

 

 

If I go with option 2 I would need some assistance with the wording or I'll end up making a real hash out of it!

 

Any and all suggestions are welcome

 

Many thanks

 

 

Simon

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As far as I am aware you are only required to send off the notification to the DVLA and your statutory requirement has then been completed. It is then up to DVLA to prove that you didn't post it and NOT for you to prove that you did.

I am sure someone with more knowledge will be along shortly. Meanwhile have a look here:

 

http://www.bitterwallet.com/dvla-act-unlawfully-whilst-losing-your-letters-and-blaming-you-for-it/29151

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As in the other similar threads you have read about the DVLA and their various unfounded claims - about notification letters, you cannot prove it was delivered, the Interpretation Act doesn't apply to us, etc. They make no difference, if you posted the document, that is all you are required to do.

Some of the threads have copies of letters in them that have been sent to DVLA.

 

If it gets as far as court, usually the DVLA prosecutor will 'have a chat' before the case is called and if they realise what your defence is and that they are in line for a not guilty verdict, they will often drop the case. Even if it gets into court and the prosecutor manages to brow-beat the magistrates into a guilty verdict, all is not lost - in Paul Kennedy's case they didn't even oppose his appeal

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Hi Simon, There is nothing weak about your case ! Please fight it because the DVLA bully boys must not be allowed to get away with it. I will help you all I can . I took my similar case to the Crown Court without representation and was well received by the Judge you must just make sure you do you homework and know what is going on. Magistrates court first anyway and nothing to be scared of there. Magistrates are generally nice well meaning good citizens who rely on legal advice from the court clerk who often seem over impressed by the DVLA rhetoric, they were in my case anyway ! I suggest you simply state the truth and hope that the DVLA roll you over with their impressive sounding lies ! Then appeal and take them on in the Crown court where you will receive considered Legal judgement and win for sure. Hopefully eventually the Crown Court will get fed up with their time being wasted by the DVLA and deliver a legal ruling to all the magistrates courts or something more direct to the DVLA.

I found the who;e thing a great learning experience thanks to Dragons Denis ,Ray Kay , Post ggi etc from this forum. Dont whatever you do pay a DVLA fine for something you haven't done it just encourages then !!

 

Best wishes Paul PM me if you want and I will give you my phone number.

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  • 1 month later...

Thanks Paul and everyone else , the support is much appreciated. What doesn't help is that I didnt keep records of the exact date of disposal or when I replied to the questionaire etc etc and I am worried that will make me look like a poor witness /defendant to the magistrate.

 

I have had my court date through the post today, it's 50 miles away which is a bit of a pain, but more importantly I am away on holiday at my brothers house at the time. Is there any way to postpone it or am I stuck with that date and they will just hold the hearing in my absense ?

 

 

Thanks everyone

 

 

(An increasingly nervous )Simon

 

P.S. Thanks of the offer to chat Paul, I may well take you on that :-)

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The letter I have recieved is headed '' Notice of new date of hearing'' . It then goes on to say....

 

The court has adjorned the case below because:

1. For the trial to take place . If you do not attend the trial may proceed in your absense.

 

The above apparently happened on the 27th of July. Was that just the Maj deciding when to hear the case ?

 

 

The letter did arrive from the majistrates court , not the DVLA

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  • 3 weeks later...

Massive thank you to Paul for his assistance, the prosecutor met with me prior to the hearing and instantly caved in when he realised I knew what I was talking about and would probably make a good witness. Will post more detail later.

Once again many thanks to paul for his assistance on the phone and to everyone else who contributed.

 

:)

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