Howdy!

[Cliospecialist]

Hi folks,

Trying to get some advice about a dispute with the DVLA over a supposed failure to notify.
Hopefully this place is as helpful as it appears.

Regards,
CS.

[nemesis45]

Re: Howdy!

Let's hear the problem!

[Cliospecialist]

Re: Howdy!

Originally Posted by Galahad
Pay nothing.

Are you sure you sent it? Lets clarify, you're 100% confident you sent it, and that as they say is that.

DVLA like to pretend that there is a clause that requires YOU to check to make sure they have received the logbook........ Psssst..... there is no such clause.

As far as the law is concerned, so long as you put in the correctly filled logbook in the correctly addressed envelope with the required postage to cover its postal costs and inserted said envelope into a Royal Mail Postbox....... THAT... is all that you are required to do.

So, don't acknowledge the fine, but do write a sternly worded letter back with their reference number etc on it along the lines of:



Dear Sir/Madam,

thank you for your letter dated X with reference to vehicle XXXXXX and YOUR claim of 'Failure to notify'.

I must draw your attention to the following, which you appear to be willfully ignorant of:

"Section 7 Interpretations act 1978 (IA78)

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, "

I have complied with all aspects of Section 7 Interpretations Act 1978, and as such, there is no law that requires me to make any kind of 'follow up' inquiries with DVLA as to the progress of the administration of the V5/logbook that was sent into your care, and as you cannot prove contrary, I now consider this matter CLOSED.

I require expedient confirmation of such by return post.

Yours Sincerely

Mr.Blah Blah



Hi Galahad,
I used your template and sent the letter to the Dvla after receiving an offer to settle out of court for a supposed failure to notify, but they are not giving in.
The response from them this time says:
Your comments regarding the IA1978 are noted. However, when there is a duty to deliver documents there is an onus on the customer to ensure that we receive the item.
Although the system of acknowledgement letters is not in legislation, it has been designed to remove any uncertainty that may be experienced by either the sender or intended recipient as to whether a notification of disposal or SORN has actually been sent or indeed received.

Any advice?


Regards,
CS.