Failure to Insure Penalty *COMPLICATED*

[charitynjw]

Re: Failure to Insure Penalty *COMPLICATED*

Hi Modern Norse

As a general rule, proof of posting is proof of delivery

Interpretation Act 1978 s7
http://www.legislation.gov.uk/ukpga/1978/30

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.

Adams v Lindsell [1818]
http://www.bailii.org/ew/cases/EWHC/KB/1818/J59.html

Can you prove it wasn't posted?

[Modern Norse]

Re: Failure to Insure Penalty *COMPLICATED*

other than not receiving anything, no.

[charitynjw]

Re: Failure to Insure Penalty *COMPLICATED*

As you can see from the 1818 case (link above), the court had to take a pragmatic decision.

So unless you can supply proof to the contrary, imo your argument re non-receipt is doomed.

[smileyculture]

Re: Failure to Insure Penalty *COMPLICATED*

Dont think the argument about not receiving letters wears very well the DVLA must send millions of letters out so if they say it was sent i think a court would accept that.

I once had Lord Justice Dyson, tell me, that if I said, I never received it, then I didn't. Millions of letters are lost each year by Royal Mail, so millions have never received their letters. Makes sense I think.

[smileyculture]

Re: Failure to Insure Penalty *COMPLICATED*

As you can see from the 1818 case (link above), the court had to take a pragmatic decision.

So unless you can supply proof to the contrary, imo your argument re non-receipt is doomed.

I won a case for a parking fine in Court(GEE STREET) against Islington Council as they could not prove they sent the notice. I argued I never received it and they could have sent it recorded or signed for, neither of which they did. The Judge found in my favour. So its not clear cut.

[wales01man]

Re: Failure to Insure Penalty *COMPLICATED*

It must always be a gamble as to whether the Judge believes the letter was received some you win some you lose

[charitynjw]

Re: Failure to Insure Penalty *COMPLICATED*

I once had Lord Justice Dyson, tell me, that if I said, I never received it, then I didn't. Millions of letters are lost each year by Royal Mail, so millions have never received their letters. Makes sense I think.

I won a case for a parking fine in Court(GEE STREET) against Islington Council as they could not prove they sent the notice. I argued I never received it and they could have sent it recorded or signed for, neither of which they did. The Judge found in my favour. So its not clear cut.

The Master of the Rolls hearing parking disputes?

Must have been a slow day in the Supreme Court!

[smileyculture]

Re: Failure to Insure Penalty *COMPLICATED*

2 different cases as you clearly know, Lord Dyson set a precedent that day on an abuse of process. Good bloke in my view. different replies, please don't confuse new people looking at these. Have not lost a parking appeal for years. another in a few weeks.

[mmirza]

Re: Failure to Insure Penalty *COMPLICATED*

Hi,
I am in similar situation received requisition failure to insure with court date. My problem is last year July 2014 car was total loss and then sold to the new keeper, new keeper details were sent but no acknoledgment received. After 8 months i received a letter from dvla i am still the keeper and car is not insured, I informed them saying I have sold the car around 9 months ago gave them the new owner details and now car is transfered from my name, however dates of transfer are not right and in dvla records i am still the owner of car in april 2015. I am planing to not pleaa guilty as new owner is going with me as a witness that he took the car from me in august 2014 . Will this be enough to prove my innocence and face no fine.
Regards,

[keza31]

Re: Failure to Insure Penalty *COMPLICATED*

hi my name is kelly im also in the same postion as mostcon here ive been given Requisition letter also as apparently never meant the insurance requirements.. now i taxed my car and put it on private drive as in my eyes it wasnt drivable as it had cracked window screen rust developing underneath car no inside mirrior driver needs to look in whilst driving and the bag seat matirial and foam had complety detatched from the cars seat metal frame so i wasnt driving it in that state. now being a complete novice to all of proceedings of any thing to do with owning your own vehicle and requirments needed ect i found things quite difficult to understand. all i thought i knew was law was your vehicle needed to be taxed which i went and done for full year. then i got a letter stating i had to make a sorn if im not intending to insure car. which i tried to do on line which was comfirmed to me when i called up to speak to someone that it had come up i tried but it wasnt successful. i had called to speak to sommeone prior to ask advice on what to do as im not insuring it which i was told to make a sorn write to whome it concerned explaing my difficulties id been having in relation to aquiring thee sorn and also to write to the people who refund your tax to see if they could give me a full refund and thats what i did. anyway i knew that something was going to happen soon if i didnt sort this matter so i called up and asked why can i not mmake a sorn the person said when asked what did you put new owner of vehicle or Registered and i said well new keeper he laughed and said no ur the registerd keeper. try it that way see if it work which i did and i was successful . so theres me thinking its all done and out the way until i received a letter im refering to now and ive only just learned that i had penalties/fine sent out which was ignored i dont think so then this summonds. it made things difficult understanding what i was refered to as a person who has a car because as i was aware i was the new keeper stated on 10 NEW KEEPERS DETAILS on the v5c/2 slip then on other part it says im the registered owner of vehicle on uk reg cert prt 5. of form. please help me have i got any leg to stand on or am i doomed? also what i thought was strange was once i sent letter requesting full refund on tax payment i got the summons letter. i thought i did what iwas required to do to the best of my knowledgment. ive since insured the vehicle for sanity peace of minnd and no pressure i look forward in hearing all your advice

yours gratefully

k.collins