Old Jun 4, 2013 | 01:56 PM
  #8  
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muz
Wye Valley Hardcore
 
Joined: May 2005
Posts: 4,283
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From: Hereford/Colchester
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Originally Posted by BigChuck
Also I'm sure it's on the v5 somewhere that if you don't receive the confirmation letter back within a certain time period you should contact them about it, if you've done that and kept all correspondence you would be ok.
It's four weeks but you are not legally obliged to do so. They have no right under any Statutory Legislation to enforce a fine for this.

I have no proof it was posted, but the Interpretation Act basically states that the onus is on them to prove I didn't send it. Their guidelines for posting the V5 to them also makes no requirement to send it via any recorded means.

I 'm based over 200 miles away from my home address during the week and because of how busy I am with work I didn't give it a second thought that I hadn't had a confirmation. I didn't receive a court Simons until over 6 months after I sold the car.

I can't see how any of this can legally be enforceable by a court. My only worry is that as its a Magistrates court the case will more than likely be heard by lay magistrates who don't know anything about Statute Legislation and might just side with the DVLA as they couldn't possibly be wrong
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