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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70216
Experience:  Over 5 years in practice.
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Hello I am currently in dispute with the DVLA with regards

Customer Question

Hello I am currently in dispute with the DVLA with regards XXXXX XXXXX late licensing penalty which I believe I do not owe. The reason I believe this is that I sold the vehicle and informed the DVLA prior to the vehicles road tax expiring. The DVLA argue that they never received my notification of transfer of owner and as such I am liable for the vehicles road tax and late licensing penalty. They have just informed me that the interpretations act of 1978 does not apply to them and that I would have to prove that they received my correspondence. Obviously I cannot do this as I cannot prove what I put in the envelope and no longer have the proof of postage. I am considering going to court over this, does the Interpretations act 1978 apply and I would I be able to use it as a basis for my defense?
Submitted: 3 years ago.
Category: Traffic Law
Expert:  Nicola-mod replied 3 years ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Customer: replied 3 years ago.

Yes I'm prepared to wait a little longer thamks

Expert:  Nicola-mod replied 3 years ago.
Hello,

We will continue to look for a Professional to assist you.

Thank you for your patience,
Nicola
Expert:  Jo C. replied 3 years ago.
Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

I have been asked to look at this.

Your duty is discharged when you place the V5 in the post.

However, if the DVLA do not receive it then you have to raise some evidence that you did send it. Its usually a good idea to send it out recorded delivery.

In any event, if you haven't done that then that is a disadvantage but there is no point in crying over spilt milk.

All you can do is go to court and give evidence that you did post it and give as much information as you can in the hope that the Court will believe you.

Sadly there are no magic wands though I'm afraid.

If the court rejects your argument then you will be liable. If not, then you will not.

I'm very sorry.

Can I clarify anything for you?

Jo
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70216
Experience: Over 5 years in practice.
Jo C. and other Traffic Law Specialists are ready to help you
Expert:  Jo C. replied 3 years ago.
Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/