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Justice of the pieces

The DVLA has finally summonsed me to court to answer the charge of failure to notify change of keepership. In the DVLA’s submission to the court is the buyer's signed statement that he saw me post the document. As an interesting aside, which I might bring to the court's attention as evidence of the DVLA's ineptitude, my wife received a penalty notice for failing to tax her car in August. I sent them the serial number of the tax disc (taxed till Dec 09) and the address of the dealer we bought the car from and it has taken until today to send an apology of sorts. My argument is that I did not charge them a penalty for their cock-up, so why should they charge me for failing to point out their cock-up? Do you know the outcomes of any similar cases? I believe precedent is the usual lever in our antiquated legal system. I wonder is it now the time to make this more public in the press?

Asked on 13 February 2010 by R.F., Leicester

Answered by Honest John
Yes, a down-on-his-luck friend of mine was recently acquitted. He sold an old car to a Polish guy, sent off the V5C and got a scribbled,
signed receipt. The V5C must have got lost. He had no proof other than the scribbled, signed receipt, but the magistrates accepted this and his word against the DVLA. You have stronger evidence than he had. And if you win, I think the DVLA will be held liable for your witness costs as well. The point of law is when actual "notification" takes place. And in law it takes place as soon as you post the notification. You cannot be held liable for failure by the post office to deliver it. Or for failure of the DVLA to process it correctly.
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