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Requisition from DVLA
Comments
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Tell them to ring the court and explain they only found out today and cannot be there!0
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Well if it's morning court, they missed it before you posted.0
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As they have had 3 weeks and not done anything, I would suspect the court will find them guilty in their absence, as they are not submitting any defence?I am a mortgage adviser.You should note that this site doesn't check my status as a Mortgage Adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice.0
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The problem is the magistrates' tendency to side with the DVLA, especially in the absence of a plea or a defence.0
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Why this has all come from the DVLA saying he did not send it! DVLA are useless and it wont stand up in court as they have no proof that he did send it or didnt! Also there is no law that states you have to follow up if you dont recieve a confirmation letter! Also there is nothing which says anything about sending it recorded delivery!
Go and defend your relative instead of ranting on here then.0 -
If he had written saying "not guilty", and that he had sent the form back they would probably have just withdrawn!0
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Why this has all come from the DVLA saying he did not send it! DVLA are useless and it wont stand up in court as they have no proof that he did send it or didnt! Also there is no law that states you have to follow up if you dont recieve a confirmation letter! Also there is nothing which says anything about sending it recorded delivery!
True they do not have any proof, but, they are not building a very good picture of themselves, as once again they have not bothered sending/replying.I am a mortgage adviser.You should note that this site doesn't check my status as a Mortgage Adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice.0 -
Probably a bit late now but, as always with the DVLA, you want Section 7 of the Interpretation Act.
That act places the onus on the DVLA to prove that your friend did not post the logbook.Interpretation_Act_1978 wrote: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.0
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