so how can this be overturned now? the RV(R&L)R2002 also makes no mention of the dvla... but we're expected to take it to them... i have just come out of my trial.. and the judgement was "we have no doubt that you posted the v5 back, but you failed to follow up as per the regulations" when I asked what regulation or law required me to "follow up" after sending the v5 back, I was told to be quiet as they did not have to explain their decision. I'm left feeling baffled... I sent the poxy v5 back, chased up the lack of acknowledgement, and also replied when they wanted to check that the new keeper was indeed the new keeper. The prosecutor kept saying the interpretations act did not apply because you aren't "required" to post a v5... conveniently leaving out, and refusing to concede that we are "authorised" to post the v5 to the dvla. but also was cagey about saying we have to deliver "in person" to the dvla... I even produced a letter from the dvla after requesting an appointment with the sec of state to give him a v5.. which says the sec of state has no provision for such, and that i should "return" it to the dvla... so we have to stick very very rigidly to the wording because it doesn't mention posting it... but we can veer off wildly and send it to the dvla in swansea instead of giving it in some secret way not "in person" and most certainly not by post .. to the secretary of state...is there no test of reasonableness which can be applied, as they can't expect everyone to drive to swansea to give them in so angry right now..

so was it dismissed as nonsense, or was a judgement entered stating that the interpretations act was not relevant? ie. has number6's loss set a precedent in law?

that can't be the case, surely! what sort of costs would be involved in taking an appeal to crown court (without legal representation) ? I'm barely able to afford the time off work to fight this at magistrates... could I simply be priced out of standing up for myself? As it was mentioned in number6's thread by somebody, the judge in his case seems to have wanted to stick solidly to the black and white of the road vehicle regs... despite it's lack of mention of the dvla, and seeming insistence that we must personally hand to the sec of state himself. In which case, the reply to my request for an appointment with him so that I may action this could be of some material worth if he says "post it to the dvla"... or anything similar. He is not likely to be as vague in his communication as the dvla I would imagine. right or wrong? (I have emailed his office, would I get a more reliable response by post? obviously a telephone call won't translate into hard copy for use in court) am I wasting my time preparing for magistrates trial if the dvla believes they have precedent that the IA1978 does not apply?

so does this mean the game is up? dvla has a free reign to dismiss the interpretations act now?

I have sent the complaint to the court manager, my local MP, the ministry of justice general enquiries inbox, and also the minister of state for justice lord mcnally. Hopefully someone is willing to do something about this magistrate, he's done it to me in 2 different cases, so I do wonder how many people have been convicted and been prevented from having a fair trial by him. Also the predictably shocked and confused reply to my request for an appointment to hand in my notification of change of keeper (I'll have to write a letter as I sent the V5 to the dvla last June) should come in handy at trial when they say that I "MUST" hand deliver it to him. We'll see. It's not at trial until 12/08/13 now.

yes DD, but the problem is, all the cases won so far have been at magistrates and therefore I cannot cite them. It's just down to the individual set of idiots on the day

In an effort to show that I am doing everything within my power to comply... "forthwith"... I have just requested an appointment with Patrick McLoughlin. "Good afternoon, sorry to trouble you, but I was told by the CPS this morning that sending a V5C document by post to the DVLA was not sufficient notice of change of keeper of a vehicle and that I must follow the road vehicle (registration and licensing) regulations 2002 to the letter of the law. This states that I must deliver (clarified by the CPS today to mean "hand deliver in person") the document or notification of the change of keeper to Patrick McLoughlin himself. Can I have an appointment for me to do this at his earliest convenience?"

well.... if posting isn't good enough, I shall have to make an appointment to meet him in person. the V5C document states that it "MUST be signed, dated and returned to dvla swansea *postcode*" I would argue that "returned" also comes under IA1978 and that putting it in the post IS good enough.

so I'm reasonably required to hand deliver personally to william hague am I?

Hi there, I do apologise as i know this has been covered many times, but I have a couple of specific questions also. I've just got home from court, entered a not guilty plea... I was very polite, soft spoken, respectful, and stuck exclusively to the facts. I quoted the human rights act in reference to the "statement of facts" which presumed heavily that I was guilty before even entering into discussion. The magistrate told me it was my responsibility to prove that I have delivered the V5. To which I quoted the vehicle registration and licensing guidelines 2002 where it says about the document must be delivered to the secretary of state, and began quoting the interpretations act. The prosecutor interrupted and said that this wasn't admissible, and didn't apply as it only applies to postal deliveries. I didn't argue the toss any further as the magistrate throughout had become very angry and red and had immediately started shouting at me that I "must" bring a solicitor if I wish to present evidence to "his" court. The matter was adjourned to trial despite the prosecutor submitting that there is no hard evidence to support, just that on their records, I haven't done it. So my questions are... what can I say to really hammer home the fact that the interpretations act IS relevant and the deciding factor... because obviously requiring me to hand deliver to the secretary of state is frankly ridiculous. and secondly, the reason I didn't say the above and use the word ridiculous in front of this magistrate is that I appeared before him in March, at a fines court, for a road tax issue... the prosecutor at this hearing also stated that they had actually no evidence just that I "must be wrong" as the system says.... xyz. When I was asked to respond, I began to present my evidence calmly and respectfully, and I again was shouted at by this same magistrate that I "should have brought a solicitor" if I wanted to present evidence. When I stated that there was no requirement to have a solicitor and that I didn't feel I needed one especially as the prosecution has submitted no evidence... he told me that if I said another word I would be arrested for contempt of court. So my question here is, how can I ensure that he is not on the panel at any future hearing or trial? I don't feel able to be given a fair hearing when I'm being prevented from providing evidence without the use of a solicitor. Please help, I really don't know what to do because I am clearly being ignored and treated unfairly.