postggj gets a dvla summons for failing to notify new keeper/ get real * CASE WITHDRAWN**

[postggj]

Sorry people, will repost as i left personal info

[postggj]

 

 

WELL THEN, THIS SAYS IT ALL, AND YES I DID RETURN THE V5 BACK TO DVLA.

 

I WANT THIS THREAD TO BE A BENCH MARK FOR FUTURE CAGGERS TO REFER TO.

 

I AM WELL AWARE OF SECTION 7 OF THE INTERPRETATIONS ACT, NO LEGAL OBLIGATION TO RESPOND IF NO ACKNOWLEDGEMENT IS RECEIVED, ETC, ETC,ETC

 

QUESTIONS

 

1/ ON FORM A, WHAT DOES IT STATE

 

"YOU ARE REQUIRED TO APPEAR AND NOT SUMMONED"

 

2/ WHY DOES IT STATE REQUISITION AND NOT SUMMONS

 

FORM D

 

WHY DOES IT ASK FOR YOUR NATIONAL INSURANCE NUMBER AND TELEPHONE NUMBER.

 

I ALSO GOT A NICE PAMPHLET ENCLOSED FROM THE COURT (FORM MC100)

 

THIS TELLS ME IT IS AN OFFFENCE NOT TO PROVIDE A FULL INCOME AND EXPENDITURE FOLLOWING AN OFFICIAL REQUEST FROM A DESIGNATED OFFICER. SINCE WHEN WAS A DVLA DRONE AN OFFICER OF THE COURT..

 

THIS TO ASKS FOR TELEPHONE, DATE OF BRTH, NATIONAL INSURANCE NUMBER, VEHICLE REG NUMBER, FULL EMPLOYMENT DETAILS, ETC,ETC

 

I AM A FIRM BELIEVER THAT ITS INNOCENT BEFORE PROVEN GUILTY AND HOW DARE THEY ASK FOR THIS DATA PRIOR TO ANY COURT APPEARENCE

 

BRING IT ON IS WHAT I SAY

[citizenB]

Sorry, post, I dont understand what is happening here ?

[Raykay]

Just don't let the DVLA prosecutor try to convince the court that the Interpretation Act doesn't apply in their case and that you are guilty because you cannot prove that the document was delivered. As you may know, that is what happened in Paul Kennedy's case, (at the same court!!) post 33 in this thread:

http://www.consumeractiongroup.co.uk/forum/showthread.php?301880-DVLA-Failure-to-notify-change-of-keeper.........case-adjourned-what-do-i-do-now

Edited May 27, 2011 by Raykay

[Dragons Dennis]

I am guessing that before scanning, this summons was screwed up into a little ball and thrown into file 13 (the bin)!

 

As advised above. The interpretation Act DOES apply to the DVLA. Your only duty was to send the V5c to DVLA. If you did that, job done. Don't let the magistates shaft you.

[postggj]

with reference letter d above from dvla

 

it asks if i intend to plead not guilty and return it to dvla

 

do i have any legal obligation to comply

 

i should be pleading not guilty in front of a judge, not by post to dvla

 

comments please

[postggj]

in the context of DVLA

 

what does REQUISITION MEAN as to summons

[Rob S]

Do DVLA have the power to be a prosecuting authority and issue their own summonses to magistrates court? Have you contacted the court in question to clarify this?

[postggj]

thats the info ime trying to find out

 

i know councils can issue their own for liability orders but a government department????

[postggj]

Well then

 

form D returned back to DVLA minus date of birth and national insurance number (why they want them is beyond me)

 

pleaded not guilty and requested mr poole who collated they supposed evidence be in attendance at court

 

bring it on i say

[JIMBO5444]

Hi,

 

I fought the DVLA at the Portsmouth County Court along with Peek at Horsham County Court and we both beat the DVLA on the following statement " The DVLA do not have Statutary Power to require anyone to contact them if they do not receive a reciept". I think you may have gone beyond this but the DVLA will fail at this point. I did attend the court on my own whereas the DVLA had a brief but it still failed. My case was Carter-White v The Secratery of State for Transport case ID 9PO04250. Im just an ordinary guy who hates getting screwed by the State/DVLA/Any other smuck. Good Luck

[postggj]

Thanks for the case ref

i will use that when i get the dvla prosecutor on the stand

[Tony P]

Thanks for the case ref

i will use that when i get the dvla prosecutor on the stand

 

Oh! I am enjoying the potential of this thread.

They certainly picked on the wrong one here

 

If it eventually gets to a Magistrates Court I would love to be in the public gallery.

I live mostly in Moscow nowadays, but think it will be worth the journey!

 

It might be crowded if you publish details.

[cae1910]

Following on from this, what if you get the summons, and you never posted it back vechicle docs as you sold the car for parts (or at least thats what they said they wanted it for), but never told them it was scrapped / sold on for parts, and want to plead guilty by post as you can't take time away from work to attend court. Anyone any ideas on what should be done? Would love to lie and say posted docs back, but can't!

[postggj]

Do DVLA have the power to be a prosecuting authority and issue their own summonses to magistrates court? Have you contacted the court in question to clarify this?

 

interesting question that

 

as this is a criminal matter, only the crown prosecution service brings charges before a court

 

where in the vehicle excise and registration act 1974 s.59 (2) (a) allows them the authority to bring a CRIMINAL PROSECUTION and not a civil claim

ANSWERS ANYBODY

[Raykay]

As I understand it, the CPS prosecutes on behalf of police, other prosecutions are by the authority dealing with them - local authorities for their matters, trading standards for theirs etc. so I would think that DVLA prosecute in their cases.

[postggj]

Thnks for the imput

 

it all helps

[postggj]

done some digging

 

a requisition rather than a summons, is an invitation rather than a legal requirement.

 

great then, if you don't attend or submit a dfence then you are convicted in your absence

 

so much for justice

 

no real problems though as ill tear the dvla prosecutor apart in court:madgrin:

 

[postggj]

on form a (post number 2)

 

in bold letters at the top it states

 

no ASN required

 

have no idea on what this means, any takers????

[postggj]

For future reference

 

no ASN required means

no arrest summons number needed

[topcat1802]

Did anybody actually read the details of the summons letter, I did and was intrigued to note that the DVLA rely on the Interpretation Act - look closely at the wording on the lower left of the letter

... by first class post .... to the defendant .... at the address ...

Sound familiar! So you can't evn say you never received the summons as they would then use the IA against you!!!

[postggj]

WHAT AN ANTI -CLIMAX

 

I HAVE JUST HAD THE PROSECUTION DEPARTMENT OF DVLA PHONE ME. IT WAS CIVIL ENOUGH. HE ASKED WHY I WAS DEFENDING AND REQUESTING THE PROSECUTOR TO TURN UP IN COURT.

 

I REMINDED HIM THAT I WILL BE STATING MY DEFENSE IN COURT AND NOT BEFORE.

 

HE THEN STATED CASE WITHDRAWN,

 

EMAIL COPY RECEIVED AND HARD COPY IN THE POST

 

AND I WAS SO LOOKING FORWARD TO TEAR HIM APART IN COURT AND PUT INTO THE OPEN THE UNLAWFUL PROSECUTIONS INSTIGATED BY DVLA

 

AT LEAST THEY HAVE SEEN SENSE IN THE END

[wackyone]

but have they????

or is it they saw in you a chance to be shown up for the useless company they are, and they werent willing to take it. where as others might not be so lucky/fortunate to have the case dropped

 

all the same congrats on the "win"

Edited June 13, 2011 by wackyone
added info

[Leakie]

What a shame Postie

I was looking forward to this one,

I thinking of coming along as you are fairly local to me,

to watch you rip them apart

oh well til the next time

 

Leakie

[postggj]

i even arranged for the local paper to be in court

 

all you have to do is dissect the legislation and not be intimidated

 

just stick to your guns