Late Licensing Penalty New DVLA Tactic

[Scotia15]

Hi All

Just thought I would add this new information from the DVLA on being challenged on a LLP issue around the Interpretation Act 1978.

They claim that I have merely been deemed to have sent the letter not have it delivered to them under the Act and as they did not get the information to change the reg keeper then I have failed to notify them. They also state the following in their letter.

" It was stated in the case pf Petit v Mitchell 1842 that 'as soon as an article is put into the hands of a party that is a delivery to him'. Petit v Mitchell (1842) 4 MAN & G 819 at 841, per Maule J Taken from WORDS AND PHRASES legally defined, 3rd edition Volume 2 D-J published by Butterworths. In other words delivery is not effected until the item is in the hands of the recipient as opposed to merely sending it to him and relying on normal service of documents' I imagine that they are implying that unless you can prove delivery you are in the wrong and they are of course ignoring cases they have lost around this in court.

If that is the case then as they do not send any correspondence by recorded delivery then how can they prove they issued anything either, unless people reply.

[des8]

Re: Late Licensing Penalty New DVLA Tactic

It would seem that DVLA's stance is supported by Calladine-Smith v Saveorder Ltd [2011] EWHC 2501 (Ch)
The addressee only has to prove the letter was not delivered on a balance of probabilities as determined by the court considering all the evidence.
The CPR rules of deemed service do not apply outside of court procedure.

I realise all the above is contrary to received wisdom about the Interpretation Act but it seems the only safe way forward is to use Recorded Delivery.

[Scotia15]

Re: Late Licensing Penalty New DVLA Tactic

Thanks for this information.

I would say then that it also applies to the DVLA if they send out notice of penalties etc they will have to be recorded to prove delivery, if they place reliance on this court decision.

Here re is the link to the court extract for those interested.

http://www.bailii.org/ew/cases/EWHC/Ch/2011/2501.html

[Scotia15]

Re: Late Licensing Penalty New DVLA Tactic

Just to add that the DVLA would need to prove to the court that on the balance of probability they did not receive it and also convince the court they do not lose mail in their post room. Last known project they ran around 2010 was 0.5 % was lost which is still a lot of mail. This data comes from a house of commons question on the DVLA Closures in 2012

[des8]

Re: Late Licensing Penalty New DVLA Tactic

Thanks for this information.

I would say then that it also applies to the DVLA if they send out notice of penalties etc they will have to be recorded to prove delivery, if they place reliance on this court decision.

Here re is the link to the court extract for those interested.

http://www.bailii.org/ew/cases/EWHC/Ch/2011/2501.html

Not quite
It is for the addressee to prove the letter was not delivered on a balance of probabilities as determined by the court considering all the evidence.
The DVLA will not have to prove delivery.