Layla As above I sent the DVLA a letter basically stating they had no case. In October last year they replied stating I still owed them £30. I wrote back stating that I would attend any court hearing. I have not heard anything back since October last year. If your circumstances are the same as mine. Stick to your guns. Buxtongooner

Get intouch with the dealer and ask why they did not inform DVLA - However I think you will be liable for the fine in relation to failing to notify change of keeper as you admit you have not done this - The new keeper will be liable for the road tax

Thanks Raykay... I think it depends on the gounds for appeal. I think the chap was very unlucky to get suck a judge especially as he would not consider anything else ie lost post etc.. I will keep everyone posted.

Thanks for the responses guys. I am going to take this all the way. The DVLA know I am a Police Officer with over 25 years of experience as I submitted a "Police Statement" on the forms that everyone who is a witness to a crime would sign. I also sent them a letter similar to other people on this site rightly or wrongly stating my defence case. I dont see a problem with this as the DVLA are well aware of the defence used but still press ahead. I am pretty confident that they will take me all the way. The research I have done hinges on the interpretation of s. 7, Interpretation 1978 and down to whether "post" or "sent" is within the spirit of the act and is deemed the same as "deliver". Most people who have attended court and actually gone to trial have won. However, there are a small number of people who have lost. Further more I have found one person (see RayKay's post above) who appealed to the Crown Court and lost. I am surprised at this as the DVLA were risking everything on this as had they lost they there would be a stated case! The DVLA seem to have changed tact - and it comes down to "post and deliver". One thing I will be relying on is the word deliver which does not appear of the V5 log book. It says "return" and gives the address - DVLA Swansea and a postcode only. This more than implies that the DVLA want you to post it rather than deliver it - which would mean all of us turning up and the DVLA physically to hand over our V5's. I will be asking what provisions the DVLA has to receive thousands of people turning up in person! My research so far implies that send and post are the same. I am going to get some legal advice before I attend court from the Police Federation Legal Assistance Scheme so I will keep you updated.

Update 7th November 2012 Now have had a reply from DVLA even though I have given my defence stating nothing has changed. Good. Await court summons. Does anyone know of any cases that have actually gone to appeal at the Crown Court?? If so would be grateful for the outcome and case number. I suspect not because if the DVLA lost it would be a stated case stopping them from prosecuting people if they have posted or delivered the V5 Thanks

Hi Crisis, Stick to your guns and go to court. Do not waiver. I am in the same position. I am a serving Police Officer and fully intend to attend any court hearing. I am a few weeks behind you having had just a couple of letters stating " I have no defence" I have written to them again. Here is my letter. The chances are they will back down. However, a small amount of persons are taken to court - just as a prevention otherwise there would be no deterrent. Most people cant be bothered to fight it and pay the fine. That is what they rely on. Please let us know how you get on. I refer to your your letters dated5/10/2012 and 6/10/2012 which you have sent to a previous address even though Ihave notified you twice of my new address. Although I have been advised NOT todisclose my defence should this matter go to court, as a matter of goodwill onmy part I have decided to. Hopefully this letter will resolve any issues andthe court proceedings will cease. I sold this car in May 2012, to a friend who is now the legal keeper. Mypartner is a Police Officer with more than 25 years’ service and is well awareof the legal requirements to inform the DVLA of the new keeper details. Hefilled out the V5, I signed it and he posted it via 1st class post (as I havealways done when selling a car – with no problems!). In August 2012 I receiveda letter saying that the new keeper was applying to be the registered keeper ofthis vehicle and to ignore the letter if this was OK. I did not ignore thisletter and sent a letter giving the new keeps details dated 30thAugust 2012. I received another letter stating that I was being fined forfailure to notify a change of registered keeper. Below are some legal points ofwhich I have followed. The Road Vehicles (Registration and Licensing) Regulations 2002 “Change of keeper: registration document issued in Great Britain on or after24th March 1997 and the new keeper not a vehicle trader 22. (2) The registered keeper of the vehicle - (a) if the registration document issued in respect of the vehicle is in hispossession, shall deliver to the new keeper that part of the document marked asthe part which is to be given to the new keeper; and (b) shall forthwith deliver the remainder of the registration document to theSecretary of State, duly completed to include the following - (i) the name and address of the new keeper; (ii) the date on which the vehicle was sold or transferred to the new keeper; (iii) a declaration signed by the registered keeper that the details given inaccordance with paragraph (i) are correct to the best of his knowledge and thatthe details given in accordance with paragraph (ii) are correct; and (iv) a declaration signed by the new keeper that the details given inaccordance with paragraphs (i) and (ii) are correct.” Interpretation Act 1978 7 References to service by post “Where an Act authorises or requires any document to be served by post (whetherthe expression “serve” or the expression “give” or “send” or any otherexpression is used) then, unless the contrary intention appears, the service isdeemed to be effected by properly addressing, pre-paying and posting a lettercontaining the document and, unless the contrary is proved, to have beeneffected at the time at which the letter would be delivered in the ordinarycourse of post.” As I previously stated I used 1st class post to “deliver” the V5 document whichcomplies with both regulations above. The DVLA states that I have no defence because I did not receive confirmationfrom them. This confirmation letter from the DVLA is not a legal requirement! As stated in Human Rights Act 1998, Schedule 1, Article 6, section 2 “Everyone charged with a criminal offence shall be presumed innocent untilproved guilty according to law. " I have no proof of posting the V5 document. There never can be unless everyperson who handles the envelope has sight of its contents and signs acontinuity label. I also believe that I should not have to prove that I postedthe V5 document and if this matter does indeed go to court it should be down tothe DVLA to prove that I did not. Please provide me with the following up todate statistics reference the following: 1. Number of individual letters received on a daily basis at all ofyour DVLA offices. 2. Number of recorded delivery letters received that contain V5change of keeper details and the policy regarding the signing of these letters. 3. Number of letters received 1st class royal maildelivery containing V5 change of keeper details. 4. Full details of the internal postal system between departmentswithin the DVLA. 5. Number of letters lost within the internal postal systemoperated by the DVLA. 6. Number of complaints received in relation to lostletters/documents handled by the DVLA. 7. Prosecution’s case that proves beyond reasonable doubt that theV5 was not posted. 8. CPS/Prosecution Authoritiesthreshold into this case – particularly “public interest” 9. Number of requests under the freedom of information Act requesting how many letters are lost internally by the DVLA. 10. How many similar cases have been referred to the Crown Court on appeal following succesful prosecutions at Magistrates/County Court I look forward to receiving your commentsin relation to this matter. Please use the address as above. Yours faithfully Me