Old Jun 4, 2013 | 10:56 PM
  #23  
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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 JFB Tech
Yeah, they would have to answer to the courts but they will happily tell the customer that recorded signed for is not proof as far as they're concerned. They said exactly this to my sister over some issue. I'm sure they just do it to bully the punters into doing what they want/making them pay the fines before they threaten court.
Basically, they try and interpret the law the way they want it to read. Section 7 of the Interpretation Act 1978 basically states that if you address, stamp and post a document and relinquish responsibility to a third party (such as Royal Mail) in the eyes of the law it is deemed served unless they can prove otherwise.

When i told them this The DVLA argued that their V5 used the work 'deliver' in the eyes of the law deliver means to 'place an item into the hands of a party'

I told them that if that was the case, every V5 sent to the DVLA would have to be driven down in person and handed over, in person to the Secretary Of State himself in a face to face meeting. As they ONLY give the option to post and not deliver it in person then there is no other way to deliver it other than via a third party, and as such, their argument doesn't stand. They didn't challenge this as they knew I was right.

I also pointed out that they have no power to legally enforce the fine as I am not Statutorily Obliged to chase them up after four weeks, as that was their other argument. They also didn't contest this and said only that 'it is sound advice to do so'

It just grips me that they know I'm completely right but won't drop the case over a £35 fucking quid fine.
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