Re: Late Licensing Penalty charge
Quite patently, Jackie Manser-Thomas is wrong, and thats the plain of it.
You've done ALL you're required to do by law, you've jumped through their hoops and been compliant, I think the MP is wrong to advise you to pay the £40 its as if he's not aware of what the law states.
You're at least forewarned of what the DVLA's defence is going to be (normally they just don't have one, people don't normally contest because they think they're wrong), its going to be that you've provided no evidence to support your claim.
The law says you don't have to, and thats what you'll be using.
You'll also be busy trawling the internet for like minded cases where other people won in the same circumstances, and where possible, getting dates and places where the DVLA lost on similar grounds, because the DVLA will not have any kind of defence against that, and they will lose.
I would advise you to write a letter back to the DVLA (Recorded of course) stating that under NO circumstances (again) will you be paying any amount of 'fine' to them, and you do not want anymore letters on the subject other than to be told when the matter will be dealt with by the courts.
They don't like taking keen people to court, they will either back down before it goes to court, or you're going to have an armful of your evidence that will show them up, you'll win, and by god you're going to feel top of the world doing it as well
Do NOT tell them under any circumstances what your defence will be, if they call and ask "no you may not ask why i'm defending this action, and you will find out my defence in court".
You've done nothing wrong, continue in that vein, and also feel free to dig up more evidence. Keep us updated
Originally posted by arckane
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You've done ALL you're required to do by law, you've jumped through their hoops and been compliant, I think the MP is wrong to advise you to pay the £40 its as if he's not aware of what the law states.
You're at least forewarned of what the DVLA's defence is going to be (normally they just don't have one, people don't normally contest because they think they're wrong), its going to be that you've provided no evidence to support your claim.
The law says you don't have to, and thats what you'll be using.
You'll also be busy trawling the internet for like minded cases where other people won in the same circumstances, and where possible, getting dates and places where the DVLA lost on similar grounds, because the DVLA will not have any kind of defence against that, and they will lose.
I would advise you to write a letter back to the DVLA (Recorded of course) stating that under NO circumstances (again) will you be paying any amount of 'fine' to them, and you do not want anymore letters on the subject other than to be told when the matter will be dealt with by the courts.
They don't like taking keen people to court, they will either back down before it goes to court, or you're going to have an armful of your evidence that will show them up, you'll win, and by god you're going to feel top of the world doing it as well
Do NOT tell them under any circumstances what your defence will be, if they call and ask "no you may not ask why i'm defending this action, and you will find out my defence in court".
You've done nothing wrong, continue in that vein, and also feel free to dig up more evidence. Keep us updated
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