DVLA scrap goes on...

[scooters]

I now have 3 cases - 2 which have already been judged and I am requesting re opening and one embryonic:

 

First case - Daf 44 - no tax disc, car sold by me 6 months before allegation: despite having sent in my not guilty plea to the DVLA, they neglected to inform the court that I was challenging the case. They are now seeking to recover nearly £400 from me - I spoke to the court today and they are calling me back (apparantly)

 

Second Case - Shogun..

 

The hearing was on the 18th August in Essex, I was unable t attend because I was in hospital, I informed the court, they said it would be postponed and would reschedule the case - however, I received a notice of enforcment saying the hearing went ahead anyway...further more the court had never received my plea as the address the DVLA told me to send it to (on the actual form itself) is incorrect, according to the court who were appauled to hear the information was incorrect:...here is the letter:

 

Richard ++++++

++++++

+++++

++

EH12 6AF

 

28th September 20011

 

Ref: ++++++++++++

 

Dear Sir/Madam,

 

Further to a telephone conversation with your colleague today I am writing to request that the above case is reopened on the following grounds:

 

Firstly that, despite being wrongly addressed to me, I returned Form D from the requisition entering a Not Guilty Plea in good time to this address which was printed as the return address on the actual form:

 

The Prosecutor

DVLALO (Enf)

DVLA LOCAL OFFICE

12-18 STATION ROAD

SIDCUP

KENT

DA15 7DA

 

During the course of my conversation today I was informed that the court was not in receipt of this plea and therefore the case had been settled in the claimant's favour due to non representation. When I pointed out that I had returned the form your colleague asked me where I had posted it to and expressed surprise when I gave her the above address as it is incorrect. The DVLA had given me the wrong address to return the completed plea form to.

 

Secondly, that on the 17th August I telephoned Havering Court to inform them that I would not be able to attend the hearing scheduled on the 18th August, 2011 at 10:00hrs as I had been admitted into hospital in Edinburgh. (It had been my intention to travel to Havering to attend the hearing). I was informed today that no record of this conversation was made against my file and the court had not been informed of my whereabouts at the time and had therefore proceeded with the case. I had been informed by an employee of the court that they would be contacting me again with an alternative date.

 

I am requesting that the case be reopened so that I have a chance to defend myself in court from this allegation. I believe that I have excellent grounds for defence in brief:

 

The DVLA alleges that I kept unlicensed vehicle H161 DFG at:

 

+++++++ ++++

+++++++

RM6

 

on 15th December 2010.

 

However, on 7th February 2010 I sold the above vehicle to:

 

 

A Pikeycunt

++++++

++++++

Romford

Essex

 

for the amount of £514.50

 

I returned the V5C to the DVLA in Swansea as required. I cannot recall whether I received an acknowledgement letter. The DVLA have so far dismissed my defence informing me that I should have called to 'chase up' the acknowledgement letter and unless I can provide evidence of postage of the V5C I was still liable.

 

I strongly dispute this as the DVLA has no statutory powers to require me to contact them should I not have received the acknowledgement letter, nor can the require me to send documents by recorded delivery nor can they require me to provide proof of postage.

 

On the V5 there is only a suggestion to call them if an acknowledgement letter is not received within four weeks, nowhere does it mention that there is a legal obligation for me to do so. Furthermore, if members of the public are legally required to send documents by secure means every time they communicate with an organisation then the same would almost certainly apply to that organisation?

 

The DVLA are flawed in their assertion that because I cannot provide proof of postage I am liable, I acted in good faith and returned the V5C to them in good time. The DVLA have no statutory powers to oblige members of the public “chase up†receipt of documents and cannot claim that they do. There is precedent from the following cases:

 

DVLA vs. Collins, Clerkenwell Magistrates Court, October 2009

DVLA vs O'Sullivan, Staines County Court, October 2009

DVLA vs Peck, Horsham County Court, April 2010

 

I request that the case be reopened so I can state my defence and inform the court of the considerable costs which I intend to reclaim from the DVLA should the court find in my favour.

 

I addition, please note tat the address you hold for me on file is wrong. Despite having informed the DVLA Local Enforcement Centre on several occasions of my correct address, I noticed from the Notice of fine and collection order that my address is still wrong. It is hardly surprising that I have only received several letters from the DVLA or Court in relation to this case and I am wholly reliant on the initiative of our postman that I am aware of the proceedings at all.

 

Please change my address from:

 

Richard +++++

++++++Terrace

Edinburgh

++++++

 

to

 

Richard+++

++++++ Avenue

+++

Edinburgh

++++++

 

I look forward to receiving the court's response to this request.

 

Yours Faithfully

 

 

Richard Palmer

 

In addition to the above to the court I send the following to a nasty little DCA who are trying to eforce the £80 fine for this:

 

Sir/Madam,

 

I refer to the above case file.

 

You wrote to me on 11th August 2011 demanding payment of £80 for an alleged fine issued to me by the DVLA.

 

he fine relates to non display of a valid road fund license on a vehicle I sold nine months before the date the fine was issued. As the DVLA was informed that the vehicle was sold by the tmely return of the V5C I hav requested that this case be reopened. Therfore the sum you claim is under dispute and I refer you to your client.

 

I am sure I do not have to remind you of your legal obligation NOT to pursue payment of alleged debts that are in dispute.

 

Yours faithfully

 

 

And the third case s for a demand from the DVLA to tax another car I sold 18 months ago:

 

28 September 2011

 

Ref G** ***

 

Dear Sir/Madam,

 

I was surrised to recieve a demand for the abve vehicle tax or SORN. Please note that I sold the above vehicle in the spring of 2010 and returned the V5C at the time. I have no record of having received the acknolwedgement letter but I am assuming that you have not updated you records which is why I have recieved this letter. Would you please update them now.

 

Please understand that if your reply is that I am still liable because I did not contact you to confirm you have updated your records I will respond by drawing your attention to the point that the DVLA has NO STATUTORY POWERS to oblige me to have contacted you to confirm that you have updated my records or to demand I produce proof of postage.

 

There is precence for this:

 

DVLA vs Collins, October 2009, Clerkenwell MC

DVLA vs O'Sullivan, October 2009, Staines CC

DVLA vs Peck, April 2010, Horsham CC

 

Should you pursue me on this matter then I will state the above defence and will seek to revocer costs from the DVLA. I am informing you of this consequence so you make the necessary changes without wasting anyone's time.

 

Yours Faithfully..

 

So far I started all this at 11 - what a fekking waste of time

[M'coli]

Having read all that it begs the question: if they weren't at fault, why did DVLA not send you the tax/SORN reminder?

[The Reverend Bluejeans]

The very best of luck Sir.

 

I send everything to DVLC as Special Delivery now.

[Lankytim]

As I have found out from this forum, if the DVLA drop the case then you can't get any costs out of them. Keep quiet about your defense, let them take you to court then shoot them down with a big legal RPG of legal case history and whack them with £1500 worth of costs and legal fees.

 

To be fair, in your situation I'd just want the whole thing over it even if it had inconvenienced me, so maybe them dropping the case is the best idea.

 

Best of luck!

[nigel bickle]

As above -Tims right.

 

I've done this twice to them & they HATE paying costs. I think the Prosecutor gets it right in the neck.

 

Last time they tried to talk to me prior to going in but I kept schtum -presented my case, won (natch) & got costs. Again. Cheque in the post within 2 weeks. Marvellous

 

They asked for my phone number -I'm sure I'll get a call before such nonsense emanates again.

 

If you need help Rich.....

[scooters]

Cheers nige,

 

I just really want the eegits to sod off..I mean you couldn't make it up. Not content with the initial cocky up theyTHEN send it to the wrong address and THEN fill out the summons and give me the wrong address to respond to....the court adds its own flavour by then losing the paperwork and not recording my non attendance despite being given 24 hours notice...

 

The court official blamed poor training and attention to detail by both. I responded that it is unacceptable to make these errors with a system that claims itself infallible and the attitude condemn the arrogance of the culture of the dvla.

 

NB sends a recorded item every month...I feel this is a very good idea

[Luxobarges_Are_Us]

NB sends a recorded item every month...I feel this is a very good idea

 

Waste of money. What you really want is a good-old envelope full of Chinese takeaway leaflets sent second-class post with (GRATIS) proof of postage by the local post office.

[HillmanImp]

Hi Scotters, Soz about all this. I will chase up Eor to see if he has transferred the DAF ito his name. I e-mailed him the form a while ago but have not heard anything since so will check up to see if we have it in his name now.

 

Because of previous problems, I send everything off to this lot by recorded now. As the car was kept at his house he probably posted the new keeper supplement by normal mail (he has not been on the receiving end of their incometance before to my knowledge). I will speak to him when he is back from holiday. The DVLA really are beyond shit aren't they?

 

Incidentally, a chap off the DAF forum actually went to the trouble of machining a new bolt for the oil cooler so we could get it going again. Where the block was cracked it would only catch the furthest threads. It is literally about 2mm short. It tightens up without the washers on but wont with them on. Sooo fucking close. Just going to e-mail him with the bad news now. It tightens when it catches the threads as per the photo but its just short of getting them.

 

 

I am getting to the point that I am about to chemical metal the oil cooler to the block......

[The Reverend Bluejeans]

So what you need is either a longer union bolt, or a specially made cooler pipe with a threaded end that screws directly into the block?

[HillmanImp]

So what you need is either a longer union bolt, or a specially made cooler pipe with a threaded end that screws directly into the block?

 

The chap is kindly making up a slightly longer bolt. He is erring on the side of caution this time and making it a bit too long. I can either file it down or put an extra washer on to pad it out. Fingers crossed. He is doing it all for free so am going to pop something in the post for him as it really is fantastic what he is doing.

[scooters]

That's good news

 

Scott...don't worry about DAF situation they are fucking cunts.. off my box on morphine at the moment..will come back to u when I get out of hospital.r