DVLA Court summons.

[Jarv1]

Hi all, I've had a quick look through the threads to see if anyone else has had the same problem as me but can't find anything but I'll apologise now if this has been covered before.

On the 18/04/11 I moved my old car (which was SORN) to a lay-by in front of the house so that it could be picked up to be scrapped. Unfortunately it was spotted by a CSO & reported to the DVLA.

On 28/04/11 I received a letter from the DVLA enforcement centre detailing the offence, but for some reason I missed this whilst opening my post. In May I had another letter stating that because I'd failed to contact them they would accept an out of court settlement of £400. I immediately sent them the certificate of destruction & a copy of the e-mail confirming arrangements for the car to be collected on that day.

On 09/06/11 I received another letter thanking me for the information & that they would reduced the figure to £66 if paid by the 26/06/11. I considered fighting this but eventually decided to pay to get them off my back. On 23/06/11 I phoned their office & paid by credit card & was given a reference number.

All was fine & dandy until yesterday 08/09/11 when I received a court summons!! I've looked back at my credit card statements & the £66 was never taken!!

Although I'm not unduly worried about going to court (as I've done what they asked!!) I would prefer not to. If anyone has had the same problem or has any advice it would be appreciated.

[MARTIN3030]

Welcome to the site.

From what you say,it would appear that you have a very good case to argue.

Fistly,you have proof that there was good cause for the car to be outside your property and was awaiting collection.

Secondly,that you have a reference number which shows that you paid.

The DVLA have been too eager to litigate,and the Courts should take this into account.

What date is the issue on the summons ?

[Jarv1]

Hi MARTIN3030, thanks for the reply. The summons is dated 31 Aug 2011. I shall be phoning the office tomorrow & quoting the reference number to see what happens. It seems to me they've cocked up on processing the payment. I'd hate to think they've done it on purpose because we all know that would be fraud!!!!

[MARTIN3030]

Yes.

There will be contact details for response on the summons.

You should ask them to withdraw it,saying that if it proceeds you will be making the Court aware of the facts,and seeking your own costs.

Whatever happens,make sure that you dont miss the deadline for ack. You should ask that they put it in writing if they are agreeing to withdraw the claim,and you want to see the notice of discontinuance if they do.

[madsam]

Yup, you can never trust a word they say - you'll know better in future and only have yourself to blame if you're not recording every encounter with them like the rest of us.

 

Looks like they're rubbing their hands together and going to take you for all your worth. Welcome to the growing club of the victims of the DVLA. See if you can dig up any phone records of the conversation, and then seek legal advice without hesitation. Complain to your MP for assistance.

Edited September 12, 2011 by MARTIN3030

[Jarv1]

Well, I've just had a lovely conversation with the Birmingham Enforcement Office. They had no record of the transaction on 23/06/11 and the reference number I was given at the time was a complete waste of good ink!! But they've agreed to accept payment of the £66 & withdraw the court action & I "should" receive a letter of both them & the prosecutor to that effect within the next few days!! Just checked my credit card balance & a payment has gone out but will have to wait for my next statement for the details. So my advice is that if you make a payment to these clowns, double check that they actually take it!!

[Jarv1]

Hi guys, just a quick update. Had a letter last week from the Birmingham Enforcement Office acknowledging the payment and that "no more action will be taken on this case". Have so far received nothing from the prosecutor though. Any ideas on how long it takes them to withdraw the court action and send confirmation?

[purserwl]

Hello - I'm new to the forum but have a very similar situation to that above and would value some advice.

 

I received a summons today from the DVLA (Sidcup enforcement office) to appear before magistrates in Banbury in December for keeping a motor vehicle with no licence on the public road (VERA Section 29(1)) as reported by a PCSO.

 

There are a few salient points:

 

The car was SORN at the time - confirmed by the DVLA this morning.

The car was parked off the road in a parking bay.

According to the County Council this morning, the road is "not highway maintained at public expense and in private ownership".

 

Is there a case to answer?

Can I prevent it going to court as I could really do without having to go to Banbury one week after starting a new job!

 

Any help greatly appreciated!

With thanks

Luke

[Jarv1]

Hi pursewl and welcome to CAG.

 

Did you receive any correspondence from DVLA prior to this? They normally only send out the court summons if you havn't responded to their "fine" letters. If it was parked on private land you could've nipped it in the bud at that stage. You definitely need to get something in writing off the county council.

 

I would suggest you contact the enforcement office and tell them you have proof that it is private land and send them whatever you get from the council asap. They will probably withdraw the court action once they realise they havn't got a leg to stand on.

 

In my case the car was in a lay-by that is part of the public highway (albeit for a couple of hours!!) so I was prepared to pay the fine, just not the stupid amount they were asking in the first place!

[alexltw]

Im in court on wed 14 dec for failing to inform of new keeper over a year ago ! I went 2 weeks ago and pleeded not guilty so now to trial

[crem]

well did you inform, and how did you do it?

[alexltw]

Hello crem sorry I havent replied earlier:

I sent v5c in an envelope with a first class stamp and an address and posted it into a my local royal mail post box.

cheers

[Tony P]

Alex

A thorough read of these thread should help you succeed against these unprincipled opportunists masquerading as a Public Service Agency-

http://www.consumeractiongroup.co.uk/forum/showthread.php?319264-DVLA-Failure-to-notify-Advice-required.

http://www.consumeractiongroup.co.uk/forum/showthread.php?307136-postggj-gets-a-dvla-summons-for-failing-to-notify-new-keeper-get-real-*-CASE-WITHDRAWN**

 

Plus the advice and support you will receive here. Keep asking and keep us informed.

Edited December 13, 2011 by Tony P

[alexltw]

Thank you tony p

from what i can gather i will use the Ia78 section 7 rule

the universal postal union act

pettit v mitchell 1842 as instrumental in the construction of the sale of goods act and has no relavence here

And i followed section 22 change of keeper to the letter as all is required .

to contact the dvla after 4 weeks is a recomendation not a legal requirement

thanks if there is anything else please please !

thanks

[crem]

Looks like you are up to speed on this for now

[alexltw]

thank you crem

fingers crossed for tomorrow if i muck it up crown court .should I see duty solic and show him paper work ? but don,t show dvla!

If it is a trial I am allowed a chat with the duty ? because of criminal record ?

thanks again everybody

[Tony P]

You don't need fingers crossed. You just state the facts - you sent the thing, thats all the Law required.

Quote Interpretations Act and Postal Union acts and dont get sidetracked by them using the word 'deliver'. Your only obligation was to 'send by stamped mail, addressed to them'. As you did.

 

For myself, I would not discuss it with the DVLA prosecutor but only in front of the Magistrates. Let then know what goes on!

They will then find it hard to convict the other poor innocent victims that follow you or fail to turn up - and maybe they will ask the DVLA why they persist with this charade.

The DVLA Prosecutor will ask you beforehand to try to find out details of your defence to decide whether to withdraw the case, so the Magistrates don't get to hear of their scheming.

But this is me - others knowing the workings of Courts and procedural niceties may disagree. I don't know.

 

And ask for your costs. The DVLA has been told what the Law is often enough but is still putting people to unnecessary costs and time.

 

Let us know when you have had a celebratory drink or two!

[SURFBOY]

Any news from the OP re court case?

[alexltw]

please can someone tell me the volume,section and paragraph of the universal postal union act stating that except for the united kingdom it is deemed where post is the property of the recipient not the sender once it is placed into the postal system. As this will be the 3rd time in magistrates tomorrow fighting nön delivery dvla . Thank you in antisipation .This is for the same offence

Edited January 24, 2012 by alexltw

[supermancss]

Use section 7 interpretation act. There are enough threads for you to find out, take a look at mine I just posted earlier

[supermancss]

http://www.consumeractiongroup.co.uk/forum/showthread.php?335045-Mag-Court-Tommorow-failure-to-notify

[crem]

In these matters we also usually quote the use of the Interpretations Act Section 7 which supports that once the letter is posted it is deemed to be served 2 days later. See below

 

http://www.legislation.gov.uk/ukpga/1978/30/section/7

7 References to service by post.Where an Act authorises or requires any document to be served by post (whether the expression “serve” or the expression “give” or “send” or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.

[maverick224]

Hi Guys, i am new to this and wasnt sure where or how to post sorry if this is in wrong place!! I have been lookiong at this and other forums for a while on the DVLA i've been disputing a SORN for the last 2 months or so and have had about 3 letters sent from me and recieved 3 back from them. Its now at a stage where they are saying if i am still unsatisfied with their original decision, then i must write to Simon tze at the ica an make my case to him. In my last letter i did say i was willing to go to court and fight my case and letter previous to that i did quote the section 7 of the interpretation act? Not sure what i shpould do now? Do i write to Simon TZe or just ignore and see what happens - they have threatened me with debt collectors. Thanks for your help!