need help with DVLA regarding failure to notify . in court tomorrow1/10/2013 **Case Dropped**

[jmdnnlln]

my defence was more or less what I have stated I just made bullet points regarding what has taken place upto the court date, Interpretation act, human rights act etc..

 

If you look at ALL the cases past and present on here you will find an abundance of information.

 

eg:

 

1.

The Road Vehicles (Registration and Licensing) Regulations 2002

 

“Change of keeper: registration document issued in Great Britain on or after 24th March 1997 and the new keeper not a vehicle trader

 

22. (2) The registered keeper of the vehicle -

 

(a) if the registration document issued in respect of the vehicle is in his possession, shall deliver to the new keeper that part of the document marked as the part which is to be given to the new keeper; and

 

(b) shall forthwith deliver the remainder of the registration document to the Secretary of State, duly completed to include the following -

(i) the name and address of the new keeper;

(ii) the date on which the vehicle was sold or transferred to the new keeper;

(iii) a declaration signed by the registered keeper that the details given in accordance with paragraph (i) are correct to the best of his knowledge and that the details given in accordance with paragraph (ii) are correct; and

(iv) a declaration signed by the new keeper that the details given in accordance with paragraphs (i) and (ii) are correct.”

Interpretation Act 1978

 

2.

Section 7 of the Interpretation Act 1978

Where an Act authorises or requires any document to be served by post (whether the expression “serve” or the expression “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 been effected at the time at which the letter would be delivered in the ordinary course of post.

 

As I previously stated I used 1st class post to “deliver” the V5 document which complies with both regulations above. It is impossible for you to say or prove otherwise.

 

If your procedure stated any different for example it needed to be registered post I would have complied as requested. I will not be held liable for a fine due to your negligence.

 

I have done everything asked of me and I can assure you I will be claiming expenses occurred from loss of earnings, travel costs etc if this goes any further.

 

DVLA states that I have no defence because I did not receive confirmation from them. I understand that the DVLA uses the acknowledgement letters as a smokescreen for cases like this. But tell me is the DVLA required by law to issue an acknowledgement letter?

 

Is it a requirement to chase such a letter, is it covered by statute, and if so where? It is not a legal requirement.

 

The DVLA cannot hide or disregard the areas of law that don’t suit them. You have already had your fingers burnt on several issues, and I will be taking this to Watchdog if this goes any further.

 

I have enclosed my not guilty plea, I simply will not pay penalties for an offence I didn’t commit.

 

As stated in 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. "

 

I posted the V5 document and if this matter does indeed go to court it should be down to the DVLA to prove that I did not.

 

I understand mistakes can be made with companies and except that, but this is disgusting and I would hope a massive company such as the DVLA apologises for treating people unfairly.

 

I await your correspondence on this matter and a quick response will be grateful.

 

This is the kind of defence you need to follow but there is a shed load more on here and other sites..

 

TBH.... I thought when I made the bullet points I was going to sound bananas in front of a judge, but I was still prepared to go ahead and do it,

 

JUST MAKE SURE you get your points across to the judge..

HOPEFULLY it can be dropped B4 you go.

[eisme]

thank you for that. some goods points there.

 

one thing is bugging me . when the dvla lady said about "delivering up". i cant find anything on the legalisation website about it.

[Tony P]

It is worth bearing in mind that DVLA are always keen to settle outside the Court - that way they receive the Settlement money. If the Court rules on a Fine it goes into Central Government - DVLA can only ask for costs.

 

Personally, I would not attempt to deal with DVLA outside the Courtroom door. Apart from trying to intimidate you into paying them, they are fishing for clues as to your Defense arguments so they can prepare themselves to counter them.

 

They chose to bring you to Court - so your explanation (and theirs) should be put to the Court for the Court to independently decide upon.

 

Otherwise DVLA could be construed as threatening using the Court process to intimidate you to settle for an amount of money to fund their own budget sooner than pursue the Justice of the Courts.

Would you really think one of Her Majesty's Government Agencies to stoop to that?

[eisme]

i would go to court .have no problem with that .

its just i have had a bad experience with going to court a few years ago . although it wasnt a magistrates courts just a family court ,but they all have judges

 

i still cant find any reference to "delivering up " as the dvla lady stated was in the legalisation. is she trying to bamboozle me ?

[Raykay]

i still cant find any reference to "delivering up " as the dvla lady stated was in the legalisation. is she trying to bamboozle me ?

 

S.22 & 23, The Road Vehicles (Registration & Licensing) Regulations 2002.

 

An argument that the DVLA sometimes use is, as there is no mention in the regulations of sending the document by post, so s.7, Interpretation Act does not apply.

[eisme]

i missed it, as i was looking for what the dvla lady said .

 

how else are you suppose to deliver it then . pigeon ? . if you dont use the postal service .

 

couldnt you just quote this at them ?

“Where an Act authorises or requires any document to be served by post (whether the expression “serve” or the expression “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 been effected at the time at which the letter would be delivered in the ordinary course of post.”

[Raykay]

You can, but they have sometimes used the excuse that as the wording of the act does not authorise or require the document to be served by post, it doesn't apply.

 

As in this case, where No6 lost on appeal at Crown Court:

www.consumeractiongroup.co.uk/forum/showthread.php?345228-Failure-to-notify.-Another-case!

[eisme]

so really depends on the judge on the day .

[odds]

How did this case end up ?

I hate half a story

 

Pete.

[ro88ygh]

Hi all.

 

we had our day in court today, and thanks to all the advice on this website, we have had the case against us dropped.

 

had all the same threats from the DVLA (pay this and that and all will be rosy in the land of DVLA)

 

after reading the posts we sent off the letter template with our not guilty plea back to DVLA, and heard nothing else.

 

off we went to see the Magistrate.

 

We checked in and made our way to the waiting room,

a short time later a lady with a large bag came in and asked "who was here for DVLA", there was only about six or seven of us.(out of 36 listed)

We spoke to her when our turn came to be told "

 

your case has been dropped,

we sent you a letter on the 6th"

so that was the end of it.

 

When we got home today the post came and no letter(funny that)

 

Its a shame I can't requesition them for failure to notify

 

If you are on here, looking for advice, then all I can add is make sure you turn up and plead not guilty. they don't like a fight.

 

Thanks for all the positive posts on here, keep up the good work