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pa_broon74
World Chat Champion



Joined: 28 Mar 2006
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PostPosted: 16:02 - 25 Feb 2009    Post subject: Reply with quote

Point of note...

In terms of the small claims court. In Scotland, if an organisation wants to take you to court we have Prorugation of Jurisdiction. Basically it means they have to do it in the place you reside.

If the DVLA wanted to levy that penalty on me, they'd have to take me to court and they'd have to do it in Edinburgh. The cost of doing that far outweighs any benefit.

If there is an english version of this law, its another way to get out of potential court action. Big organisations rely on peoples lack of knowledge then use it to bully us.

I'll try and find an English equivelent law...

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sickpup
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Joined: 21 Apr 2004
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PostPosted: 17:00 - 25 Feb 2009    Post subject: Reply with quote

gsxrmick wrote:
Rang DVLA today and I have to put it in writing that I informed them of a keeper change. Wink


Further more you informed them in-line with section 7 Interpretations act 1978 and as the UK is a signatory to the Universal postal union act I would suggest you refer DVLA to Article 5.1 (PDF here) which suggests that as soon as you posted the 'change of keeper' letter it became there's.

There is nothing within UK legislation that suggests let alone requires you to await their confirmation letter. The only thing you are required to do is stamp, address and send the notification and as you have done so you have discharged your responsibility in this matter.
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NSR Mick
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Joined: 26 Jun 2005
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PostPosted: 18:43 - 25 Feb 2009    Post subject: Reply with quote

sickpup wrote:
Further more you informed them in-line with section 7 Interpretations act 1978 and as the UK is a signatory to the Universal postal union act I would suggest you refer DVLA to Article 5.1 (PDF here) which suggests that as soon as you posted the 'change of keeper' letter it became there's.


That document says it only becomes theirs once it is delivered. Confused

Quote:
A postal item shall remain the property of the sender until it is delivered to the rightful owner

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sickpup
Old Timer



Joined: 21 Apr 2004
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PostPosted: 21:06 - 25 Feb 2009    Post subject: Reply with quote

gsxrmick wrote:
sickpup wrote:
Further more you informed them in-line with section 7 Interpretations act 1978 and as the UK is a signatory to the Universal postal union act I would suggest you refer DVLA to Article 5.1 (PDF here) which suggests that as soon as you posted the 'change of keeper' letter it became there's.


That document says it only becomes theirs once it is delivered. Confused

Quote:
A postal item shall remain the property of the sender until it is delivered to the rightful owner


Who didn't read the exceptions? Hand

Quote:
Prot Article I
Ownership of postal items. Withdrawal from the post. Alteration or correction of
address
1 The provisions in article 5.1 and 2 shall not apply to Antigua and Barbuda, Bahrain, Barbados, Belize, Botswana, Brunei Darussalam, Canada, Hongkong, China, Dominica, Egypt, Fiji, Gambia, United Kingdom of Great Britain and Northern Ireland, Overseas Dependent Territories of the United Kingdom, Grenada, Guyana,
Ireland, Jamaica, Kenya, Kiribati, Kuwait, Lesotho, Malawi, Malaysia, Mauritius, Nauru, New Zealand, Nigeria, Papua New Guinea, Saint Christopher and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Seychelles, Sierra Leone, Singapore, Solomon Islands, Swaziland, Tanzania (United Rep.), Trinidad and Tobago, Tuvalu, Uganda, Vanuatu and Zambia.


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NSR Mick
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Joined: 26 Jun 2005
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PostPosted: 09:27 - 26 Feb 2009    Post subject: Reply with quote

sickpup wrote:


Who didn't read the exceptions? Hand


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The last post was made 16 years, 120 days ago. Instead of replying here, would creating a new thread be more useful?
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