DVLA in the wrong

[hairdresser1]

Hi all,

I bought my car on finance in 2005. Unfortunatly it broke down so I put a SORN noytce on it and it was parked in a car park owned by my local housing trust. The car was taken away and crushed January this year. DVLA took me to court for' parking an unlicensed vehicle on a public road'. I have been fighting them all the way repeating it was SORN and that the car park was not a public road. The day before I was due to go to court to set a trial date, I had a call from DVLA telling me the summons was to be withdrwan and no further charges pursued. Yay!. What I need to know is, can I claim back the money we had spent on the car as they were wrong to take it, and by withdrawing the summons they are admitting this. Any advice grately appreciated. Also I was out of my mind with worry that I would have a hefty fine to pay, can I claim compensation from the DVLA? I suffer with depression and this really didnt help.

Thanks

[WOOD73]

did they admit they were in the wrong? I think you would have trouble even getting a response from them through the complaints dept judging by the trouble i'm having. if they have admitted they were wrong then any out of pocket expenses including the value of the car in its pre crushed state should be payable.

[seftonview]

I'd say it comes down to two things:-

 

1. Can you prove you declared the vehicle SORN? Do you have proof of posting etc?

 

2. Can you prove that the location from which the vehicle was recovered was not a public road? You'd need to investigate ownership of the land and whether it was subject to 'adoption'

 

If you can prove both, you have an extremely strong case.

 

If you can't prove both, it doesn't look too good.

[postggj]

i take it you got no confirmation from dvla after you did the sorn

[patdavies]

 

2. Can you prove that the location from which the vehicle was recovered was not a public road? You'd need to investigate ownership of the land and whether it was subject to 'adoption'

 

 

No, for SORN/VED, the Vehicle Excise and Registration Act clearly defines a public highway as a road maintained at public expense. All that is needed is a letter from the Highway Authority to the effect that they do not maintain the road.

 

Ownership of the highway is irrelevant; what matters is maintenance.

[hairdresser1]

I have proof of sorn, as in receipt form and the local housing trust have confirmed they maintain the car park. The car park is maintained by the housing trust not the highways department, there for not at public expense.

I guess its not so much claiming back from the DVLA, but the people who took it.

[Rob S]

I recall a similar thread about a guy who had an Audi taken and crushed in similar circumstances. Let me see if I can find it.

[Rob S]

http://www.consumeractiongroup.co.uk/forum/general-consumer-issues/83485-ncp-car-parks-clamped.html?highlight=Audi

 

This is the one.

[postggj]

if you have confirmation receipt of the vehicle being sorn, dvla are in big trouble, even if it was contractors who removed your car. they would have to act on instructions from dvla.

 

from what you say, it appears you have a cast iron claim against dvla for replacment of vehicle.

 

send dvla a copy of the receipt showing sorn, get a value of your vehicle, and ask them to compensate you, with a little bit thrown in for distress etc.

send by recorded delievery and give a time frame.

say if you get no reply in fourteen days a county court n1 claim will be issued

[hairdresser1]

Thanks for the clear reply...

Do you think I should seek legal advice before proceeding iwth this course of action?

[postggj]

no need at the moment

just send them your letter of complaint and point out the error of there ways

include in your letter the current retail cost to replace the car

also tell them there agents were acting under your authority, so dvla are liable for there actions

again say you require a reply with in 14 days or you will be issuing a claim in the small claims court

 

they would take legal action against you at the drop of a hat

do the same

[hairdresser1]

Thanks postggj, your a star

[hairdresser1]

Letter was sent yesterday with copy of proof of sorn and copy of letter saying summons withdrawn. We shall see what happens...I'll keep you posted

[hairdresser1]

Well, we've had no reply so now I guess I'm gonna have to issue an n1 court claim...anyone have any info how how to word this?

[postggj]

i take it you sent the letter recorded delievery

if i were you, send another letter before action,

this time, tell them you have had no reply to your first letter,

enclose a copy of it, then say you will give a further seven days to comply from date of receipt

 

looks better in court that way

 

if again no reply, an n1 claim will be drafted for you

[hairdresser1]

Hi,

well, its been more than 7 days since I sent the second letter and still no reply...help!! What do I do now??

[seftonview]

You shall need to issue court proceedings.

 

Bear in mind that when you issue your claim you need to comply with the Crown Proceedings Act 1947 in relation to the way in which your claim is served.

[hairdresser1]

Well, I finally got a reply, and the DVLA are, of course, trying to wriggle out of it by throwing a load of technical jargon at me...I am going to court!!! help, where do I start??

All help greatly appreciated.....

[MrShed]

I would advise you post up the letter here(personal details removed) so we can see their response.

 

What is the value of the car?

[Monty2007]

You have verification that the car was in a private car park and not on a public road. The DVLA have essentially taken the vehicle and destroyed it and as such you have a clear case against them and you should firstly report them for theft to the Police (criminal act) and issue proceedings to recover the value of the car through a civil action.

 

I would be surprised given what you state that they would want this to progress too far.

[Lula]

could you scan thr letters that they sent to you, first taking out personal details or other identifiers, and then we can see what they are trying to say

[hairdresser1]

darn technology..I couldnt copy and paste so the next best thing....!!!

 

'Enforcement Acton against Unlicensed Vehicles

 

Thank you for your email dated 14th October 2008, adressesd to the Customer Services Manager, Mrs ****. At the outset I should explain that it is not possible for Mrs **** to deal personally with all the correspondance addressed for her attention. As your concerns relate to enforcement action taken on your vehicle, your correspondance has been passed to me for reply as Wheelclamping Operations Manager.

 

If I may begin by explaining that your vehicle was impounded by our contractor NCP Services Ltd.

 

Before enforcement action is taken, a formal sighting has to be obtained of the vehicle on the public road. Section 1 (1) of the Vehicle Excise and registration Act (VERA) provides that 'a duty of excise shall be charged in respect of every mechanically propelled vehicle used or kept on any public road in Britain'. It is the responsibility of the contractor to determine the status of the land before enforcement action is taken.

 

When a vehicle is declared SORN the vehicle must be kept on private land. DVLA does ot provide advice about which areas are public which is private land. If the keeper does not own the land on which a vehicle is stored it is their responsibility to determine the exact staus and obtain permission from the land owner if necessary.

 

Once a vehicle is impounded, the Agency writes out to registered keepers, giving the oppurtunity to claim the vehicle, advising of the vehicles disposal if not claimed by the stipulated date.

 

In view of your claims regarding the status of the land, I have forwarded a copy of your complaint to the National Operations Manager NCP Services Ltd in order for further investigations to be made.

 

I hope this clarifies matters for you

Your sincerely

 

*********'

 

yeah, as clear as mud!!!!

All I did was send copy of sorn notice, copy of letter saying judgement against me was dropped and I asked if they would compensate me and settle finance of the car they took.....is this one of their ploys to confuse me???...cause it darn well has!!!

[MrShed]

I would suggest you write back.

 

Inform them that as a contractor, they will know that ultimately they are legally responsible for their actions, as the contract is legally acting on behalf of the DVLA. Failure to provide proof of said formal sighting proving unequivocally that your SORN car was, in fact, on a publically maintained highway, or FULL settlement in the amount of £xxxx(where £xxxx is the value of the car you destroyed unlawfully, and £xxxx my out of pocket expenses in pursuing this matter), within 7 days, will result in legal action being taken through the courts against yourselves for the full amount plus costs and punitive damages. In addition, you will report the DVLA to the police for criminal damage, and also consult with a solicitor regarding charges of theft.

 

then do it.

 

Did they in fact write to you giving opportunity to collect the vehicle?

[Guest BURP]

I knew someone in a very similar position. She went home to France for a year to look after her mum and SORNED her car. Parked it on a parking bay of a friends (social housing association maintained) property and a DVLA camera van came along and clamped it. They came back for it took it saying it has been crushed - a 2 year old BMW convertible. She asked DVLA to pay £26,000 to buy a replacement but was fobbed off with excuses. She spoke to solicitor (on home insurance cover) who told her to buy a new car like for like and give the receipt. DVLA paid her costs, her new car, tank of petrol, interest (8% for one year) taxis and solicitors fees. There were complications, The DVLA ignored initial requests to pay for a new car and challenged litigation retrospectively and the order needed to be served on the DVLA's bank who paid on DVLA's behalf under 3rd party debt order. The car wasn’t crushed after all, it was auctioned and later recovered during a routine Police traffic stop and arrested the driver. She had completed the V5 as scrapped and caused it to show an error to an ANPR van. Police later confirmed the car was bought for £1,100 by someone employed as a bailiff.

 

Unless DVLA has an official complaints procedure then you need to file a claim under the Civil Procedure Rules and ask DVLA to pay you the replacement cost of your car, your costs and any finance charges.

[crem]

Police later confirmed the car was bought for £1,100 by someone employed as a bailiff.

 

Why am I not shocked at that piece of your statement BURP.