DVLA Court case - No insurance - DVLA lostmy SAle of Car letter - **WON IN COURT**

[pat4]

Hello

 

I also have been hit with failing to meet the insurance requirements under the Section 144 (1) of the Road Traffic Act 1988

 

the DVLA say I didn't inform them of the sale of the car.

I say I did and have some proof to that fact.

 

My question is

 

I entered a Not Guilty plea by post and asked for the DVLA witness to attend in person

as I believe I can not dispute their evidence if their statement is read out in Court by a third party.

 

I was advised by a friend with a little legal knowledge that the case will be adjourned

and a new date set and rang Swansea Court today to confirm that.

 

A lady in the listings department confirmed that was correct and not to bother turning up.

 

Now I would very much like not to make a 500 mile 7 hour round trip for nothing

but as the lady concerned would not give her name and I don't know whether I should go or not.

 

I e-mailed the court at the same time asking the same question and I hoped I would get something in writing back. I didn't get a reply.

 

Any advice from someone who has been in the same position would be appreciated.

 

I am determined to fight the case but don't want to take a day of work

and spend a fortune getting down to Swansea if I don't need to be there.

 

 

Thanks

 

 

Pat4

[dx100uk]

so like many others here

 

the DVLA has lost your documents?

 

dx

[lenn]

No Court officer will offer advice on how you should proceed.

 

At this late stage I would be attending.

 

I would have involved my solicitor earlier and taken his/her advice.

 

I think you have to go.

[scousepie]

Surly its down to the DVLA to prove you did not dispatch the docs.... no the other way round !! if you have prof of postage surly its game set and match ?

[dx100uk]

correct there are several threads here already regarding

the missing docs issue

 

and what to do to 'win'

 

dx

[pat4]

I did go and see a solicitor and they told me to ring the court. I was put through to the listings office and they said that my not guilty plea would trigger an automatic adjournment. They advised me that it was not worth attending but I haven't received a confirmation e-mail as requested.

 

 

Yes as I haven't had any written instructions I think I will have to go as well. I think its a waste of time but I can't take the chance.

[pat4]

Its worse than the DVLA losing the documents. I was exchanging cars with a dealer We sent the V5 off for the new car along with the V5C from the car I was selling in the same envelope. Only my new V5 was actioned. First I knew about it was a letter from the insurance database people. I contacted the DVLA by e-mail, they confirmed that the car was still in my name and told me to write a letter explaining what had happened and who the car was sold to. I did but two weeks later a fine for £100 dropped through the letterbox and I have been fighting it since.

Edited May 16, 2014 by pat4
spelling!

[dx100uk]

no that's better than

you've proof they DID get your letter

just lost a bit of it.

 

cant see you've anything to answer

 

dx

[scousepie]

SO you have a witness ?

[pat4]

Yes I have a witness. The trader has done a statement saying that he bought the car, we put both the new and old car V5s in the same envelope and confirming he still has the vechile.

I have copies of the reciepts, he has given me a copy of his traders insurance policy that insured my old car and offered to come to court with me and give evidence. I have told him not to bother for Monday as everyone is telling me its going to be adjourned but I am taking the statement along with the rest of the evidence just incase.

 

If the court was just round the corner it woyuldn't be a problem but it is 250 miles away on a Monday morning!

[zumbanikki]

cant help but please let us know what happens,that seams so wrong that you cant get the information, cant you have it at your local court?

good luck

[pat4]

Just an Update to keep everyone informed.

 

I decided not to go on the Monday but rang the court as soon as it opened. They confirmed that indeed I didn't have to turn up and it would automatically be adjourned because of my not guilty plea. I saved a 450 mile round trip so was quite pleased.

 

I recieved a letter from Swansea last week telling me that the case was rescheduled for the 16th June but I wouldn't have to turn up to this either as it was be adjourned again and transfered to a court nearer my home (Chelmsford I guess as the DVLA operate out of there)

 

I will update when I hear anymore.

Edited June 3, 2014 by pat4
Wrong date

[pat4]

Just an update

 

 

The court case has been adjourned a couple of times and moved to this Thursday (10th) and from Swansea to Cambridge magistrates. This is only forty miles away as opposed to the 200 plus miles Swansea is.

 

 

I am confident of winning the case but didn't want to take a day of work or ask my witness to do the same, so I have been unsuccessfully trying to contact the office of whoever is handling the case for the DVLA to get them to drop the case.

 

 

I'm sure a quick 5 min chat and me explaining all the evidence that I have will get them to drop it but can I get a contact number or details!!

 

 

The court says to contact the DVLA but suggests that they will be useless (they were right!) The DVLA says they don't know.... Its a bit of a farce.

 

 

The problem is that its going to cost the DVLA an awful lot more to drop the case if I go to court than it will to do it now and I am trying to save them money (And myself the hassle of taking the day of off etc!)

 

 

Does anyone have any phone details for a specific department within the DVLA that handles these cases? The DVLA enforcement one is a waste of time.

 

 

Pat4

[topcat1802]

If it was me I would turn up at the court with a detailed breakdown of all expenses incurred in defending the case. Once the case has been dropped by the DVLA 9or won by me) then I would put in my claim for my expenses - to the court or through the county court.

[pat4]

UPDATED

 

I forgot to post the result of this case and only remembered while looking at something else on CAG.

 

 

I went to court, only one other defendant bothered turning up out of the thirty plus cases listed.

 

 

The DVLA representative ushered the other guy to the other end of the waiting area and had a brief conversation.

 

 

The other guy then left the court.

 

 

He then asked by name disappeared back into an office for a couple of mins before returning with my file.

 

 

He then lied most unconvincingly about a letter the DVLA had apparently sent me the week before dropping the case.

 

 

I asked to see the letter but he didn't have a copy there!

 

I hope he never has to appear in court himself as he was the most unconvincing liar I have ever seen.

 

 

I guarantee that if I hadn't turned up I would have been found been prosecuted and found guilty.

 

 

As the case was supposedly dropped; the letter never did appear, I was unable to claim costs.

 

 

I had spent the previous week in a fruitless e-mail campaign with the DVLA urging them to drop the case

as it was a waste of time and money on both our parts.

 

I urge anyone in the same situation as myself to do your homework, get everything prepared and turn up when required at court!

Edited January 8, 2015 by pat4
spelling

[dx100uk]

thank you for the update

 

 

thread title amended.

 

 

dx