dvla penalty

[Guest]

Hi Got a penalty for not sending in new keeper part when selling the car to a garage which we did DVLA never received it and now got a fine for £80 appealed it and they are not moving on the decision any comments greatly received.

[paulajayne]

Do you have proof of posting?

[Jinxer]

You don't need proof of posting. Just placing a properly addressed letter in the postbox is deemed as served.

Interpretation Act 1978 - Section 7
http://www.legislation.gov.uk/ukpga/1978/30


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.

[paulajayne]

I was aware of the Interpretation Act but a proof of posting along with it gives a stronger defence, hence asking.

[des8]

swear an affidavit that the V5 was completed and posted.