postggj gets a dvla summons for failing to notify new keeper/ get real * CASE WITHDRAWN**

[citizenB]

Well done post.. I will add to your title to reflect this success for you.

[borisbeaver]

I would confirm with the courts that the case has been withdrawn before jumping for joy. The sneaky wotnots might just be saying that it's withdrawn, you fail to turn up and they win - synical or what!

[freedom1st]

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

Awesome stuff... think I might need to use this soon as I have an invitation to court too. Did you reply to the invitation or just turn up?

[postggj]

Send back the summons to dvla stating you are not guilty

 

then tick the box stating you require the prosecutor to be there to cross examine

 

just before the court date, dvla will phone you, stick to yur guns and the case will prob be withdrawn

 

this sinario has been in courts up and down the country and dvla are loosing most of the time

 

they dont want to much publicity

[Raykay]

"tick the box stating you require the prosecutor to be there to cross examine"

 

When you say prosecutor, do you mean the witness as on the form in your first post - the prosecutor will be in court doing the prosecuting.

 

Depending on what is in the witness statement, it may or may not be necessary for them to attend as their evidence may not make any difference to the defence.

[Tony P]

Not my field at all, but:-

 

If (as!) this happens regularly, knowing they will withdraw at any challenge and knowing their allegations are on the flawed premise of claiming exemption from the Interpretations Act and willl fail, could the DVLA be charged with something like mis-using or abuse of the Court process ?

[postggj]

been down this road

 

the person named, bringing the allegation can be requisitioned to appear in court just like they did to me

 

the person bringing the allegation can be made to face the accused

 

magna carta

British constitution

etc

etc

[Raykay]

But who was it you asked to attend.

[postggj]

Mr Poole

 

the one who signed the witness statement

[Raykay]

Would his evidence make any difference to your defence, or was it words to the effect that he had checked the records and there was no trace of your document?

[postggj]

well i would get him to explain the legislation

interpretations act

statute legislation

 

previous cases with case numbers of judges who have thrown out these prosecutions and how dvla interpret the flawed legislation

[Raykay]

It could depend on what his evidence was, if it was only that he had checked the records and found no trace of your document, it would have little or no bearing on your defence - the Interpretation Act etc. (they may not know anything about it), it would be more of a question for the person who authorised the prosecution (D Atkins, in your first post) - especially if you had been in correspondence with them.

[postggj]

ill try and explain this in clear english

 

dvla are well aware of the flaws in the vehicle excise and registration act

 

they continue to prosecute knowing full well there is no legal reason in the statute legislation for them to continue with said prosecutions

 

the prosecution dept for dvla are well aware of this, yet they continue

 

THE EVIDENCE THAT DVLA RELY ON IS FLAWED UNDER CURRENT STATUTE LEGISLATION FOR WHICH THEY ARE AWARE OF

[Raykay]

I know that, but it depends what evidence the witness would have given, which would have been what was in their statement, if it was only that they had checked the records and found no trace of your document they may well be the office worker who just check records and have never heard of the Interpretation Act, let alone the implications for the DVLA, and it would have been pointless questioning them about it at court.

 

Which is why you would have wanted the person who authorised the prosecution - D Atkins, they would be the one who would be aware of the Interpretation Act, the implications and why DVLA ignore them.

[postggj]

i can see your point but

 

MR POOLE SIGNED THE WITNESS STATEMENT

FOR WHICH THE COURT WOULD RELY ON THAT WITNESS STATEMENT AS A STATEMENT OF FACT AND THE PERSON BEHIND THAT STATEMENT NEEDS TO BE CONVERSANT WITH THE STANDING STATUTE LEGISLATION

 

AT THE END OF THE DAY

 

THEY DID NOT WANT TO PLAY THE GAME

GAME OVER

 

RESULT IN THE END, THATS:-) WHAT COUNTS

[Raykay]

A witness can only give evidence, in a statement or orally, of what they know - it may or may not involve their knowledge of statute.

 

It is up to the person dealing with the prosecution at court to know about the legislation involved, that is the person to have a go at.

Edited June 14, 2011 by Raykay

[Tony P]

RESULT IN THE END, THATS:-) WHAT COUNTS

 

For you as an individual, no doubt. And I am pleased for you.

 

But many here are interested in putting an end to this abuse and intimidation by a British Government Agency to continuously, wrongly pressurise payments from innocent members of the public who have done nothing wrong - except to expose the inefficiency of that very Agency !

 

As an aside - have you submitted a claim for your costs and time in the matter?

[postggj]

[Tony P]

Unsigned statement of intention.

 

Do you trust them?

 

They wouldn't - would they?

Maybe. They do lie to dishonestly obtain money, as we all know from reading this Forum.

 

Why has this not come through the Court ?

[Feebee_71]

Hi,

 

Did you get it confirmed by the court that the case was withdrawn?

 

Feebee_71

[hearmyecho]

OK, i know i should have replied to mind sooner to my 'summons' but ive been to scared to even look at it. I suffer from mental illnesses and am SO SO scared about this situation. I am due to apear in court on July 5th and received my 'summons' on 25th March 2011.Its exactly the same as yours, i sent the V5 but they are saying they didnt receive it.... I got a fine, wrote to them and told them i had sent it and they replied 3 months later with this summons.

 

Ive not done anything about it because ive been to scared. I dont have a penny to my name, please... you seem like you know what your taking about, could you please give me some advice?

 

 

Samuel

[postggj]

if this is a magistrates summons then send it back to the prosecutor by ticking the box with the intention to defend in full, tick the box also tick the box stating a request for the prosecutor to turn up.

 

dvla wil phone just before the court date, refuse to state your dfense etc, just say you will argue it out in front of the magistrate.

 

dvla will then withdraw the summons.

 

just put your phone number on the form. dvla ask for your national insurance number, income and expenditure.

 

just ignore them, only include your phone number

[joepex]

Hi there postggj,

 

Just wanted to congratulate you on your quest against the DVLA. I recently received the exact same letter you posted in your thread and thought I would ask your advice.

 

I also feel obliged to offer some kind of payment for any advice received as you have obviously done a solid amount of research in the field and I would not want to abuse this in any way.

 

 

My situation is the following:

 

In September 2010 I sent my V5 document off and never received any formal notification this had been received. As this was the first car I had owned I had no experience or knowledge that I should receive a notification from the DVLA.

 

Obviously I had posted it first class and not recorded delivery I have no proof that I had sent it. I previously worked for the US government and was out of the country for a great deal of last year and received only one letter of the penalty. I rang there office and the man was very unhelpful and told me if I wished to contest it I would have to go to court and promptly hung up on me!

 

Now I have the 'Requisition' letter with a court date for 03/01/2012 and was wondering how to respond?

 

Any help would be massively appreciated and please feel free to contact me on this forum!

 

A huge thanks once again,

 

Yours sincerely

 

JoeP

[puppywalker1001]

Am going to Court on Friday 9th Dec to argue my case against the DVLA. Transferred car to finance company in March2011 company deemed to be a 'trader'

sent off v5c by 1st class post as required. owing to pressure of work and failing domestic situation NOT GETTING an acknowledgement letter from DVLA was last thing on my mind.

Apparently they sent me a penalty noticw in July which I didnt receive therefore couldnt reply to it. DVLA now taking me to court for failing to notify.

Spoke to DVLA told them I wanted an adjournment to prepare a defence and to appeal against the penalty/fine/offer of out of court settlement figure. I have since been informed that my appeal has been denied.

Rang DVLA told them I was going to defend the charge against me using

1.Interpretation Act1978 (letter posted therefore deemed to be delivered)

2. Convention for the Protection of human rights (Innocent till proven guilty)

3.Road vehicle regs 2002 (requirement to send off v5c)

Collins vs Sec of State for Transport .......Collins won using interpretation act

 

Strangely at the end of the conversation the guy from DVLA said in that case tell the prosecutor all that before you go in to court and that will probably be an end to the matter. mmmmmmmmm well I'll have to wait till Friday

 

Info for anyone else out there in the same boat

 

DVLA raised £1.9M from these failure to notify penalties in 2008/9

 

however they are proud that only 850 or so complaints like ours were received from which around 550 penalties were issued (and probably paid by law abiding citizens scared to go to court and fight it out..cant say i blame them) they are also proud tha this only 0.0015% of their mail input. fine unless you are one of the 850

 

In a question asked in 2008 in parliament the transport minister replied that the royal mail was to blame for 75% of the missing items of identity including passports either sent to the DVLA or sent back by them I presume the other 25 % must be down to DVLA system then. He also replied that only 7000 or so oof these complaints were a matter for compensation WHAT A SHAMBLES

[crem]

Strangely at the end of the conversation the guy from DVLA said in that case tell the prosecutor all that before you go in to court and that will probably be an end to the matter. mmmmmmmmm well I'll have to wait till Friday

 

 

Nothing strange about their (probable) course of action on Friday if you tell this to the prosecutor before you go in. Think about it, you may be number 4 on a list of 30 procecutions by the DVLA. The first 3 were won by default coz the defendant didn't turn up. You go in and present a solid defence which the court accepts. What do you think the result for the following 26 peole will be now that you have made the court aware of teh interpretation Act defence?

 

So don't you think it makes good financial sense for the DVLA to only allow undefended cases or people who haven't got a defence prepared to actually go into the court, and forgo the few 80quids that day when they find a couple of people that have seen through their [problem]?