Malicious persecution
Last August 09 I sold my car to a main dealer. They took the Logbook, MOT, etc. and they signed the V5 slip along with me and I sent this to the Royal Mail. In November I had a letter from the DVLA saying that I had failed to inform them I had sold the vehicle. They provided me with a form which I completed and gave the sale date and the name and address of where I sold it to. Now in January I have had a photocopy of the form I filled in back in November sent back to me along with Court Hearing paperwork to attend my local magistrates Court in March. I have rung the DVLA twice and nobody will discuss this case with me. I have since found out that on the back of the slip I sent back there is a number to ring if I had not had an acknowledgement letter within 4 weeks from the DVLA. But this slip had been sent back with the DVLA contact details on it. How can I be held responsible for things either getting lost by Royal Mail or by the DVLA? I am finding similar stories Online about this. Please Help me.
Asked on 10 April 2010 by T.E., via e-mail
Answered by
Honest John
You can't. Just go to the court and convince the magistrate of what you did. Get evidence from the garage you sold the car to in order to back you up. Be clear on the exact date and the exact postbox you used. In law, 'notification' takes place as soon as you post the V5C. The DVLA is trying to force people to check up that the post office and its own employees have done their job. Part of Brown's outrageous 'Penalty Culture'. The DVLA can, of course, ask people to check. But it cannot compel them to. Magistrates are sick of DVLA prosecutions and routinely throw DVLA cases out of court for this reason. But you do have to convince the magistrate you sent the sent the V5C. Best to send it recorded or special delivery so you have proof of posting. (T.E.’s case was adjourned to June.)
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