Undelivered Post

[njg77]

Hi everyone, I am new to the forum and recently sent you all a greeting. I am hoping for some advice: I am currently in dispute with the DVLA about a vehicle I am the registered keeper for. The vehicle is off road and I sent a SORN to the DVLA shortly before the Tax was due for renewal in Dec 2012. However, according to the DVLA, they did not receive the SORN. I am now in dispute with them and need to provide evidence that I did send the SORN in order to prevent court proceedings (they have already towed and impounded the car). I most definitely sent the SORN and feel that either Royal Mail did not deliver it or DVLA either lost/misfiled. Where can I find Royal Mail's percentages of undelivered mail and the fact that once my SORN entered the postal system, it became the sole responsibility of Royal Mail to deliver it. I need evidence to show DVLA that Royal Mail do make occasional mistakes and sometimes the post is failed to delivered. Also, is it true that it is actually not for me to prove that I sent it, but rather it is DVLA responsibility to prove that I didn't? If this is true, where would I find this information in order to back up my dispute? Thank you all in advance for any help/advice you may offer. Nic

[ostell]

Re: Undelivered Post

More likely that DVLA lost it. Have a look through these forums to see other instances.

[enquirer]

Re: Undelivered Post

Interpretation Act 1978
s.7 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.

What's sauce for the goose is sauce for the gander.

DVLA v Peck Horsham County Court (Claim No. 9BR0829). The judge found for D, stating that the DVLA has no statutory power requiring anyone to contact them in the event that D does not receive acknowledgement of receipt for documents sent to them.

That they didn't reply is not your problem.

There is also an FOI in which the DVLA admit that they lose mail.

[charitynjw]

Re: Undelivered Post

There is, however, usually a burden of proof, or a reverse burden, to provide suitable evidence to validate your claim or defense.

The Golden Rule - get proof of postage! (A certificate of posting is free).

[labman]

Re: Undelivered Post

You can swear a Statutory Declaration at any High Street solicitors for about £10 to the effect that you sent the letter to the DVLA and the vehicle was duly SORNed. Send or email a copy of that to them, and insist they drop the issue (no doubt accompanied by a fine) as you will defend your position vigorously in any court proceedings they may bring.

A Statutory Declaration is tantamount to swearing under oath in a Court of Law, so they would be foolish to ignore it.

Advice about Proof of Postage is VERY sensible for anything of this nature, and it is free to get.