DVLA Shambles - Court Summons

[Sunburn1979]

Hello All,

I'm writing in hope that some one can provide some advise and guidance.

Today we have received a requisition request from the courts to attend court in April for failing to notify the DVLA of 'Change of vehicle ownership'

 

However, we have the acknowledgment letter and reference number from the DVLA confirming receipt and notification of details being updated on DVLA Records.

 

Obviously we are going to make contact with the DVLA, should we also send a copy of the above to the Designated Officer at the courts? What if DVLA contest despite us having proof?

 

Thanks for your time, we look forward to reading your replies..

 

Regards

Geoff

[caro]

Yes. Send it to the court too. They would be foist to continue to court but this is DVLA so who knows. DVLA send representatives to court and ask to speak to you first so if they failed to sort it in advance you should be able to sort it then.

 

You could tell them that if they don't sort it in advance you would ask the court for your wasted costs, which would include time off work, assuming you have a job.

[johnjordan]

Yes. Send it to the court too. They would be foist to continue to court but this is DVLA so who knows. DVLA send representatives to court and ask to speak to you first so if they failed to sort it in advance you should be able to sort it then.

 

You could tell them that if they don't sort it in advance you would ask the court for your wasted costs, which would include time off work, assuming you have a job.

 

I'd go into court and get my expenses anyway. If enough people did that they may get the message and buck their ideas up.

[Tony P]

I'm strongly with johnjordan on this. I would avoid allowing DVLA to withdraw without giving you the chance to apply to the Court for your costs/losses.

 

But that's me. I would -

 

1. Go to Court.

 

2. Refuse to discuss beforehand with the DVLA person, just saying "we will discuss this in Court in front of the Magistrates". DVLA are there, not to uphold what is Right but to generate income to offset their own budget excesses and inefficiencies (such as you experienced) and provide deterrent stories with which to threaten others which will be lost when you win (a first significant motive for them to settle beforehand). Also, Fines don't go to DVLA but go directly to HMG - (a second significant motive for them to try to settle beforehand).

 

3.Present your case, as your first post, to the Bench, providing photocopies for each Member (usually 3) plus one for the Clerk and one for the DVLA complainant/prosecutor. He will probably object to the late offering of the DVLA letter but don't be put off, the Magistrates, in seeking the truth, will look at it.

 

4. When the case is dismissed ask for your costs and expenses. It is all too easy with euphoria or relief to overlook this, so have a prepared 'claim' of actual costs (mileage or fares, photocopy costs, etc) and a time cost/loss of earnings. The time cost will most likely not be ordered as claimed but always worth a try - especially if the Bench is getting upset by DVLA inefficiencies subjecting 'the little man' and the Courts to wasted time. (A third significant motive for them to try to settle beforehand!)

 

5. Tell us.

 

But, as I said, that's me.

 

If enough did this sooner than go wobbly at the knees with DVLA or in a Court building, DVLA might (eventually) mend their ways and provide the proper British Government service to the British public that DVLA gets paid to do, sooner than having to fleece the Public to hide their own inefficiencies.

[caro]

I like your style JJ and Tony! Excellent plan!!

[SabreSheep]

The only problem i see in the excellent plan is that the DVLA could argue that by not offering the letter sooner, you have avoided an opportunity to prevent the court from having to sit. Therefore you may well have a possibility of having your costs declined.

[Sunburn1979]

Hello,

Thank you to everyone who wrote back with your guidance and support.

We are currently considering how best to proceed.

 

Regards

Geoff

[CrappoMan]

The only problem i see in the excellent plan is that the DVLA could argue that by not offering the letter sooner, you have avoided an opportunity to prevent the court from having to sit. Therefore you may well have a possibility of having your costs declined.

 

You may be right, if the letter was from a third party.

But the letter is from the DVLA themselves, so they have both knowledge and possession of the letter, but still went ahead with the court case.

How would the court look upon that.

[SabreSheep]

Im playing devils advocate here.

 

Judge "Why did you not send them a copy of the letter reminding them that they acknowledged your details?"

You " As i wanted to bring this to court to prove a point and to claim my costs for coming here"

DVLA "If he had sent that letter we would of dropped the case, can we claim costs please as the defendent has wasted court time and costs"

[caro]

You have a point sabre. It could well and truly backfire.

[Tony P]

OK - I would write to DVLA once (Special Delivery to get a proper signature) telling them to check their incoming and outgoing mail as I not only informed them but they confirmed it.

 

Then let DVLA do all the running about trying to find it. You have done your bit and, after all, DVLA is a multi million pound government organization with state of the art 'Big Brother' technology' checking on everyone, and now trying to bully the OP into paying for their own inefficiencies.

 

Then go to Court as my previous post, having pre-warned the local and regional press.