 pa_broon74 World Chat Champion

Joined: 28 Mar 2006 Karma :     
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 Posted: 16:02 - 25 Feb 2009 Post subject: |
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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 Old Timer

Joined: 21 Apr 2004 Karma :     
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 NSR Mick World Chat Champion

Joined: 26 Jun 2005 Karma :   
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 sickpup Old Timer

Joined: 21 Apr 2004 Karma :     
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 Posted: 21:06 - 25 Feb 2009 Post subject: |
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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.
Quote: | A postal item shall remain the property of the sender until it is delivered to the rightful owner |
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Who didn't read the exceptions?
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 World Chat Champion

Joined: 26 Jun 2005 Karma :   
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 Posted: 09:27 - 26 Feb 2009 Post subject: |
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