DVLA 144APR Requisition for no insurance

[n4stk]

Hi All,

New member and I hope that someone can advise me on an issue I have.

I sold a car on the 14/10/14 and sent the v5c/3 off to dvla - I have received a 144APR from them to attend court regarding no insurance as of 31/01/15. Clearly they didn't receive the notification. My thought is to plead not guilty, tick the witness box for the dvla employee to attend court also and obtain a letter from the garage who took the car confirming change of ownership. Any advise on the next step?

Thanks..

[sean5302]

Re: DVLA 144APR Requisition for no insurance

Hello and welcome to LB.
If you sent the form off, you clearly are not guilty and you should get the DVLA at court to present their case.
You are not required to prove that you posted the V5, despite the nonsense that DVLA try to peddle. The Interpretation Act says that, once your letter is in the post, you're in the clear.
DVLA admits to losing 300,000 letters each year (as part of a FoI request)
http://www.bitterwallet.com/dvla-act...u-for-it/29151

When you win, make sure that you ask for costs and expenses to attend the magistrates' court.

[des8]

Re: DVLA 144APR Requisition for no insurance

There is a contrary view:
It would seem that DVLA's stance is supported by Calladine-Smith v Saveorder Ltd [2011] EWHC 2501 (Ch) [http://www.bailii.org/ew/cases/EWHC/Ch/2011/2501.html]The addressee only has to prove the letter was not delivered on a balance of probabilities as determined by the court considering all the evidence.
The CPR rules of deemed service do not apply outside of court procedure.

I realise all the above is contrary to received wisdom about the Interpretation Act but it seems the only safe way forward is to use Recorded Delivery.

The OP might find a sworn affidavit that he posted the form helpful, also a report that in 2010 the DVLA lost 0.5%of their incoming mail.