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letter of appeal against conviction / sentence - dvla


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Hi Caggers,

 

last year i got myself into a bit of a pickle.

 

Too many hours at work and a marriage that i couldnt hold together. Dire times.

 

Had to sell the car.

 

Couldnt at the time of sell, find the V5 but i knew that i did have it in a pile of papers.

 

I rang DVLA to ask about a replacement and the following day, i found it.

 

Entered the new owners details into the form and sent it off A couple of days after this, i had to move out. That was that....

 

OR WAS IT!

 

A few months down the line i took receipt of a letter that stated i was to pay some fine or something.

.. Wait a moment, i didnt owe anything anything so

 

i rang the number (poole court) and spoke to someone about the issue,

turns out dvla had prosecuted me!

 

It was suggested on the phone that i submit a stat dec.

 

No body told me that i had only 21 days to do so.

 

Now, in between all the moving around and trying to salvage the marriage and working 70 hours a week to pay for everything (again)

i totally forgot about the whole thing,

time passed,

i moved out and found a little flat.

 

No letters from dvla, no letters from hmcs nothing..

 

. until monday when i had a nasty letter from marstons wanting to remove goods

. HANG ON ! So....

 

. i researched the whole DVLA lost letter thing and boiled it down to section 7 interpretation act etc.

 

I got in touch with the local mag court and told them what had happened and

 

they said that i did not respond within the 21 day stat dec requirements so an out of time stat dec would have to do...

 

I was then advised by the mag court staff that i would be better off sending them a letter,

 

marking it "letter of appeal against conviction",

 

so i penned the following letter:

 

LETTER OF APPEAL AGAINST CONVICTION / SENTENCE

DATED : FRIDAY 22nd NOV 2013

 

I wish to appeal against my conviction on the following grounds:

1) I did not receive a “Notice to owner” from DVLA”

2). I gave notice to DVLA in accordance with law which they claim they did not receive:

 

Section 7, Chapter 30 of the 1978 Interpretation Act - References to service by post -

“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.”

 

3). I was not able to represent myself in court not knowing that the case had been heard in my absence:

 

ARTICLE 6

, Right to a fair trial

1. In the determination of his civil rights and obligations or of

any criminal charge against him, everyone is entitled to a fair

and public hearing within a reasonable time by an independent

and impartial tribunal established by law. Judgment shall be

pronounced publicly but the press and public may be excluded

from all or part of the trial in the interests of morals, public order

or national security in a democratic society, where the interests

of juveniles or the protection of the private life of the parties so

require, or to the extent strictly necessary in the opinion of the

court in special circumstances where publicity would prejudice the

interests of justice.

 

2. Everyone charged with a criminal offence shall be presumed

innocent until proved guilty according to law.

 

3. Everyone charged with a criminal offence has the following

minimum rights:

 

(a) to be informed promptly, in a language which he

understands and in detail, of the nature and cause of the

accusation against him;

(b) to have adequate time and facilities for the preparation of

his defence;

© to defend himself in person or through legal assistance of

his own choosing or, if he has not sufficient means to pay

for legal assistance, to be given it free when the interests

of justice so require;

(d) to examine or have examined witnesses against him and

to obtain the attendance and examination of witnesses on

his behalf under the same conditions as witnesses against

him;

(e) to have the free assistance of an interpreter if he cannot

understand or speak the language used in court.

 

I wish to apply outside of the 21 days notice (Out of time statutory declaration) because:

 

1). I was unaware until very recently that I could only submit a statutory declaration within 21 days and knew nothing of an “Statutory Declaration Out of Time” submittal or its applied process.

 

2). If I had been aware of a pending prosecution I would of attended to give my defence.

 

Mr xxx

 

Went down to the court with said letter and submitted it today.

 

Now then, a few questions.

Did i do the right thing ?

How would you of done this and why?

Does this stop the bailiff from executing a warrant of distress?

Would i contact bailiff to let them know that a contest has been submitted?

What if the whole thing gets refused?

 

What next ?

DVLA SAR to get as much as possible

FOI requests to prove mail gets lost

 

 

Would appreciate some guidence on this one folks.

As always, thanks in advance.

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  • 3 weeks later...

quick update: Had letter back from court saying that no adequate reason was given..... ok, theres me thinking that maybe an application of appeal would see me in the dock to express my case not to have to submit it with an application of appeal?

 

Seriously considering just letting the friggin arswipes in to take the rest of whats left, everything else of any value has been moved and gone anyway so whats the worst that can happen ?

No wonder people give up so quick.

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Seriously considering just letting the friggin arswipes in to take the rest of whats left, everything else of any value has been moved and gone anyway so whats the worst that can happen ?

No wonder people give up so quick.

 

The colonists were able to steal land from the Native Americans by introducing smallpox in blankets donated to them. Now, if you could spray something similar on what's left in the property....

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