DVLA guilty until proven innocent!

[Slumpy]

Hi good people,

I've just had one of these 'Requisition' letters through my door. It seems the DVLA are hell bent on ruining me. I lost a car after having it seized for non insurance due to a question over who owned the car. Mainly because DVLA said they had not had the yellow slip. Which I proved I handed it over at the Leeds DVLA office and so the case was dropped but I never got the car back.

Then recently and unrelated I had a bailiff letter saying I owed £750 which turned out to be for two vans. One being failure to notify the other non insured period.
I have moved house so no letters got to me. I have done two Statutory Declarations which made no difference. One summons came requested I go back to Huddersfield court for the previous offence which had been dropped in court over a year ago( the car that was lost). Then this new requisition for failure to notify. I have no idea what is happening with the other.

It seems the court is inept to what they are supposed to do as well.

My questions are:
1. If you have done the Stat Decs don't they have to give you a chance to pay original fine?
2. Do some of the letter drafts on here still hold water or have they put new laws in?
3.How can I make a claim against the DVLA for all the time off work, stress, running around etc that they have put me through?
4. Why have I only seen one of the original charges and one mistaken one?
5. Can I request hearing to be held at my local court?

I have sent the log book off for the van I sold. I posted it royal mail 1st class. The new owner said he had not received the log book. I wrote a letter asking if they had received the V5 I got no response. I then got the new owner to write to them and apply for new log book and gave him the money for it.
The other van I wrote to them advising them it was sorn. I moved after these letters were sent and obviously heard nothing however I changed my current vehicles address and my driving license when I moved and that came back ok. I don't understand how if they knew my address why they didn't send correspondence to my new address after all is that not the point in having your address on your driving license?

I am so fed up with the DVLA I could scream I'm being put through the mill because I can't send something recorded delivery! They can't find it or say they haven't received it so therefore I'm guilty not them. Is this a guilty until proved innocent system. It seems like I have no rights and they are always right. I went completely ape crazy during making the statuary declarations which the magistrates actually agreed with me.

Oh and just on a lighter note on the first case where I lost the car, the magistrates final comment was "Mr S you can sleep well tonight assured that common sense has prevailed!" To which I replied that's excellent shame I can't get my bloody car back! (Which was sold before the court hearing was made!)

[Slumpy]

Re: DVLA guilty until proven innocent!

Do I have dog poo on my shoe or something? Anyone out there?

[Slumpy]

Re: DVLA guilty until proven innocent!

Well I am really glad I joined this forum the help has been over whelming. NOT!

[nemesis45]

Re: DVLA guilty until proven innocent!

Well I am really glad I joined this forum the help has been over whelming. NOT!

It is the weekend you know, users here no doubt have families to look too.

If have not informed the DVLA (as is your responsibility) there is little you can do about charges/fines or claiming any kind of recompense for dealing with them.
Also if the car you mentioned was seized because of there being no insurance, could you not have got valid insurance immediately or found a suitably insured driver to collect it accompanied by you so the costs involved could be paid.

Also take a look at the regs. for "continuous " insurance on vehicles SOR.

[Tools]

Re: DVLA guilty until proven innocent!

When you moved house did you tell the DVLA and change your driving licence address?

As for your post not being answered we have thousands of posts per month, if any go unanswered or you feel they have been missed then it is best to hit the report button below your post (triangle with exclamation mark)

[Slumpy]

Re: DVLA guilty until proven innocent!

When you moved house did you tell the DVLA and change your driving licence address?

As for your post not being answered we have thousands of posts per month, if any go unanswered or you feel they have been missed then it is best to hit the report button below your post (triangle with exclamation mark)

Thank you for the reply. Yes I changed my driving licence and my car at the times log book. I cannot for the life in me understand why they couldn't put two and two together and spent this long to contact me.

I've replied saying I want to have there so called witness present. I've said I plead not guilty and I want the court to be held at my local one not Bradford.
I can't understand how they can enforce this when I sent the log book off and a letter after asking why I hadn't had a reply. What am I supposed to do wait to move house until they send confirmation?

[Slumpy]

Re: DVLA guilty until proven innocent!

Also on the form back to the court I added my phone number as other people on here were saying that it's likely they will call me to try and find out my defense.
I've not had any correspondence from them as yet. I'm getting a little concerned now.
I thought as far as my responsibility was I had to inform them of change of ownership and sorn by 1st class royal mail after that it's down to them I can't do there job for them?

[stevemLS]

Re: DVLA guilty until proven innocent!

My questions are:
1. If you have done the Stat Decs don't they have to give you a chance to pay original fine?
2. Do some of the letter drafts on here still hold water or have they put new laws in?
3.How can I make a claim against the DVLA for all the time off work, stress, running around etc that they have put me through?
4. Why have I only seen one of the original charges and one mistaken one?
5. Can I request hearing to be held at my local court?

1. No, the stat dec simply permits the magistrates to re-open the case.
2. There are new rules about continuous insurance, well, within the last couple of years.
3. You can't.
4. Perhaps because the other correspondence went to your former address.
5. Unless you can show "good reason" the court will not transfer it to your local court. The case is heard at the court local to where the alleged offence was committed. People regularly have to travel the length of the country to answer speeding charges. "Good reason" would be something like being married to the chairman of the bench or something, not having to travel from Huddersfield to Bradford. (approx 15 miles to those unfamiliar with us up north)

[Slumpy]

Re: DVLA guilty until proven innocent!

1. No, the stat dec simply permits the magistrates to re-open the case.
2. There are new rules about continuous insurance, well, within the last couple of years.
3. You can't.
4. Perhaps because the other correspondence went to your former address.
5. Unless you can show "good reason" the court will not transfer it to your local court. The case is heard at the court local to where the alleged offence was committed. People regularly have to travel the length of the country to answer speeding charges. "Good reason" would be something like being married to the chairman of the bench or something, not having to travel from Huddersfield to Bradford. (approx 15 miles to those unfamiliar with us up north)

Thank you StevemLS,

That answers a lot for me spot on! Well they have adjourned it until the 13th of January. I am putting together a defense at the moment. I am looking at interpretations act, letter from the dvla I have stating they do lose post and referring to all the other cases which DVLA we not successful like the Paul Kennedy vs DVLA case.

What gets me so mad is I know I sent it. It was a good friend who bought the vehicle. I received no confirmation of change of ownership so I wrote again to them and a week later he said he had the log book. Am I mean't to not move house until they have written to me it's mental??? I changed all my drivers license and other vehicle log books to new address with no problem so why did they continue to send correspondence to my old address.masroll: Surely they could see where my driving license was registered to and sent me a letter??

I am so fed up with the DVLA I could scream!!!

As for the gap in insurance case I have heard nothing about it at all it seems it has been lost by the DVLA or courts!

Has anyone got on tips on my defense it would really help me???!!

[stevemLS]

Re: DVLA guilty until proven innocent!

I don't suppose you got proof of posting either of the slip from your V5 or the letter following it up?

IIRC they do say if you haven't got confirmation from them that they have received the change of ownership, you have to chase them!

Am not familiar with the Kennedy case, sorry.

As far as I know, vehicle registration is dealt with entirely seperately from driver licencing, so changing the address on one would not have any effect on the other.

Good luck.

[Slumpy]

Re: DVLA guilty until proven innocent!

I don't suppose you got proof of posting either of the slip from your V5 or the letter following it up?

IIRC they do say if you haven't got confirmation from them that they have received the change of ownership, you have to chase them!

Am not familiar with the Kennedy case, sorry.

As far as I know, vehicle registration is dealt with entirely seperately from driver licencing, so changing the address on one would not have any effect on the other.

Good luck.

I didn't know you could get proof of postage until a few weeks ago when I was advised by the local post office. I have a photo copy of the letter I sent them along with the log book that was filled in by the new owner before it was posted. That aside I don't think it's statute law to expect people to chase up only to send the log book and that is covered under the interpretations act I thought send and deliver were under the same law?