legal advice?being summoned to court...*update*

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I sold a car last year on the 2-7-2007 and have recieved a few fines for not notifying them of a change of keeper.
I sent the log book away at the time but there saying they didn't recieve it.
It states on the back of the log book that if you dont recieve a confirmation letter saying they recieved it your supposed to get in touch with them,which i didn't do.Tbh i just sent it away and as far as i was concerned that was the end of it.

Well anyway,i have just recieved a summons to court for it on the 14th of next month.
Has anyone had anything like this before that can advise me on what to do now? or should i go see a solicitor.

Thing is,i have no proof i sent it,and as far as their concerned i'm in the wrong for not letting them know i didn't recieve the confirmation letter.
I have given them the blokes name and adress that i sold the car to,but this does'nt seem to make a difference.

I've booked an apointment with a solicitor now anyway for the 24th of this month,but i'd still appreciate any opinions on what i can do?

Thanks
Dave

P.S
i'm aware this is a bike forum,but i thought i'd ask anyway.Worth a try?
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DRZ-400sm

[Steve H]

https://bp1.blogger.com/_cr9RD_gF-s4/RiipDfUKlfI/AAAAAAAAAUg/Ga0SCdRyUtY/s320/Vaseline%2520368g%2520L.jpg

Good Luck
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Mellow Yellow
The BCF Top TEN - 2010, 2009, 2008, The Original.

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DRZ-400sm

[Marcg868]

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[LustyLew]

This, boys & girls, is why you always send stuff to the DVLA via special delivery. Gets there next day and you have a digital copy of the signature of whoever signed for it.

I've just sent off my licence to get a C1 & D1 provisional categories added.

I've taken photocopies of;

both sides of my plastic licence
the front of my paper counterpart licence
full copy of the medical form

If it comes back with anything missing, they will have to get it sorted as I have proof it was posted and of what was written!
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Like a Yorkie - I'm not for the girls

[Rockhopper]

Same thing happened to me about eighteen months ago now. They tried to fine me £40 which went up to £80 because i didn't pay it. We exchanged four or five strongly worded letters and i've heard nothing since.

[Fawbish]

[sickpup]

I would ask them how exactly they are refuting service under section 7 of the 1978 interpretations act. Are they claiming non delivery or are they claiming to have lost your mail while under their care.

I would also question how exactly they are prosecuting you for failure to notify them when if you failed to notify them they wouldn't know about it.

Also in the court papers who does it refer to you against as there could be a question under the 1861 Provity rule as depending on who is taking you to court they may not be part of the contract.

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[Skudd]

You did notify them on several occasions in writing as requested by them. They have updated their records to show of this notification.

Your defence would be that you have sent letters to them, but have had no reply, you have sent further letters stating you have had no reply and requested advice on your future actions. this advice has not been sent , although you have again requested a response from them. You did not feel it was necessary to keep copies or send via recorded delivery any correspondence as you are dealing with what you thought was a competent organisation. however in hind sight it would appear that they have lost or not followed up any of your correspondence, instead they have chosen to take you to court for their short comings.

just get your approx dates of sending letters and where you sent them t6o right.
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Famous last words of Humpty Dumpty. " Stop pushing me "
Petty Anarchists look at "1984".............. The Visionary looks at "Animal Farm".

[sickpup]

[----]

Thanks for the reply's

Sickpup.I'll give that info to the solicitor when i see him,hopefully it should be quite usefull to him

Thanks again everyone
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DRZ-400sm

[Gazdaman]

Yeah, I reckon you'll get away scott free providing you did actually send it.

You did your part. Royal mail, or they fucked up. Not your problem.

Magistrates are fairly switched on, and that paragraph Sickpup added is excellent.

Gaz

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[sickpup]

[sickpup]

I would also do a Freedom of information act request asking DVLA how many items of post to them are reported as missing a year and how many items from them are reported missing a year.

It should back you up quite nicely.

[Fortuna]

Also- "Unless the contrary is proved".
They have to prove you didn't send it.

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[sickpup]

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Just a little update to let you know the charges have been dropped

Thanks for all the advice (sickpup )

Thankfully,no vaseline will be needed after all
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DRZ-400sm

[Wave2k]

[Fawbish]

[Wave2k]