DVLA fine - pay up?
Discussion
Two and a half years ago I sold a motorbike which was then on SORN to an overseas buyer. I filled in the correct form informing them of permanent export, wrote a letter informing them of my change of address too (I had moved house a couple of weeks earlier) and heard nothing more. I didn't chase this up, as I didn't realise it was my job to performance manage DVLA.
A month ago I got a letter from the debt collectors. £80 fine and threats of court action. Obviously I appealed, sending DVLA a copy of my original letter, plus proof of the sale & export. Predictably it was turned down, with another threat of legals if £80 wasn't paid.
I have no time or appetite for court appearances - before I just pay them their 80 quid and make them go away, is there something I've missed?
A month ago I got a letter from the debt collectors. £80 fine and threats of court action. Obviously I appealed, sending DVLA a copy of my original letter, plus proof of the sale & export. Predictably it was turned down, with another threat of legals if £80 wasn't paid.
I have no time or appetite for court appearances - before I just pay them their 80 quid and make them go away, is there something I've missed?
Breadvan72 said:
You don't have to. DVLA have to prove your guilt.
Thanks. I know I did my bit - I'd pay the fine if I genuinely hadn't - but will going to court and showing them a copy of the letter I sent plus the Ebay sale page be enough?Like most lay people I'm scared enough of legal threats to take the 'easy' option of making them go away.
Winston, your cheque's in the post: please don't hurt me.
Breadvan72 said:
Your defence rests on (1) the fact that you sent the notice, and (2) section 7 of the Interpretation Act 1978:-
"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."
Thank you. In this thread:"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."
http://www.pistonheads.com/gassing/topic.asp?h=0&a...
you seem to suggest that the Interpretation Act does not necessarily provide a defence, though. Thoughts?
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