Hi, i am the writer of the origional post following my court victory against the DVLA. I am back again to help you get the facts of this case straight.
The origional post was written on arrival home straight after the court hearing and was written whilest i was still on a high following the victory.
Here are the facts incase you should find your self in this situation and need help.
I sold my car back in Jan 2012 and posted off the slip from the logbook to inform the DVLA of the change of ownership.
Foolishly i did this by first class mail and the DVLA did not recieve it.
In future i will be sending them by recorded delivery or will hand them in at a local DVLA office and get a reciept but i suppose you live and learn.
As is standard practice the DVLA issued me with an £80 for not informing them.
I called them by phone to protest but was told that the fine had to be paid.
At this point many people would just pay up - even if they know they posted it off 1st class because they have no proof of posting. I however did nothing and a couple of months later a court summons came.
On the court summons it says that if found guilty you will be fined up to £1000 plus £90 costs. Another great insentive to pay the £80 fine. Even if you are inocent.
This court letter is nothing more than an empty threat. The DVLA can NOT win this case in a court of law no matter how much they threaten you as long as you remember to plead NOT GUILTY!
In the UK a posted letter is deemed SERVED when you pop it in the post box. YOU DO NOT NEED PROOF OF POSTING.
In court the DVLA would have to prove that you did not post it and not even Paul Daniels could pull off that trick!
Hence the DVLA will have a case that they have no possible way of winning and will back down.
In my case they left the backing down until 15mins before the hearing, but i think that they have now learned a good lesson and will back down much sooner in future.
Just remember - stick to not guilty (no matter what) and you cant loose. You dont need to prove you posted it - they need to prove you didn't and that is impossible!
I hope you never need to use this advice but use it and it will save you alot of money.
Edited by Avant on 12/09/2012 at 01:18
|