'Requisition' from DVLA for court

[Walker]

Re: 'Requisition' from DVLA for court

I forwarded my 'not guilty' plea to Swansea Magistrates, and I did not supply answers to their fishing questions.

I subsequently phoned the clerk's office at Swansea Magistrates, and the clerk told me that my response would be forwarded to the DVLA. If they wanted to continue the action, they would move the case to a Magistrates Court nearer to where I live. He assured me that the case would not be heard at Swansea in my absence.

I subsequently got another court date, at another court. I wouldn't say it was local to me, but it was in the same county.

The hearing was today. I attended, and there was a representative from the DVLA present who requested private interviews with all of those answering DVLA cases. I told him I had a complete defence to the allegation, and he was quite conciliatory. After about 10 minutes discussion he said he was satisfied with my information and he withdrew the case.

I wouldn't say he was actually apologetic, but I got the impression that he was accustomed to DVLA producing long lists of cases where a sensible defence makes continuation pointless. It's regrettable that DVLA did not throw the towel in long ago, but they play the game by what they think are the rules.

I never had an opportunity to air my defence in front of the bench, but I feel that if more people could do so the magistrates would possibly start applying pressure to the DVLA to stop wasting the time of the courts and the defendants.

[Galahad]

Re: 'Requisition' from DVLA for court

I forwarded my 'not guilty' plea to Swansea Magistrates, and I did not supply answers to their fishing questions.

I subsequently phoned the clerk's office at Swansea Magistrates, and the clerk told me that my response would be forwarded to the DVLA. If they wanted to continue the action, they would move the case to a Magistrates Court nearer to where I live. He assured me that the case would not be heard at Swansea in my absence.

I subsequently got another court date, at another court. I wouldn't say it was local to me, but it was in the same county.

The hearing was today. I attended, and there was a representative from the DVLA present who requested private interviews with all of those answering DVLA cases. I told him I had a complete defence to the allegation, and he was quite conciliatory. After about 10 minutes discussion he said he was satisfied with my information and he withdrew the case.

I wouldn't say he was actually apologetic, but I got the impression that he was accustomed to DVLA producing long lists of cases where a sensible defence makes continuation pointless. It's regrettable that DVLA did not throw the towel in long ago, but they play the game by what they think are the rules.

I never had an opportunity to air my defence in front of the bench, but I feel that if more people could do so the magistrates would possibly start applying pressure to the DVLA to stop wasting the time of the courts and the defendants.

Without giving any personal details away, can you tell us what you used as your defence to the DVLA solicitor that agreed to drop it?

[bluebottle]

Re: 'Requisition' from DVLA for court

I forwarded my 'not guilty' plea to Swansea Magistrates, and I did not supply answers to their fishing questions.

I subsequently phoned the clerk's office at Swansea Magistrates, and the clerk told me that my response would be forwarded to the DVLA. If they wanted to continue the action, they would move the case to a Magistrates Court nearer to where I live. He assured me that the case would not be heard at Swansea in my absence.

I subsequently got another court date, at another court. I wouldn't say it was local to me, but it was in the same county.

The hearing was today. I attended, and there was a representative from the DVLA present who requested private interviews with all of those answering DVLA cases. I told him I had a complete defence to the allegation, and he was quite conciliatory. After about 10 minutes discussion he said he was satisfied with my information and he withdrew the case. The DVLA know very well they should not be discussing individual defendants' defences with them. They also know they should disclose all evidence on which they intend to rely at least seven (7) days prior to any hearing. This is to enable the defendant to prepare their defence. If DVLA is not playing it by the rules, the HMCTS needs to restrict their access to the courts.

I wouldn't say he was actually apologetic, but I got the impression that he was accustomed to DVLA producing long lists of cases where a sensible defence makes continuation pointless. It's regrettable that DVLA did not throw the towel in long ago, but they play the game by what they think are the rules. They should not be bringing cases where they have no evidence. Also, sending out "requisitions", alleging the recipient has committed an offence and to pay a sum of money, is unlawful, as it is based on a presumption of guilt. ECHR, being International Law, which supersedes UK domestic law, makes it very clear that a person is innocent until proven guilty. Only a court or other legally-convened tribunal has the authority to determine guilt and impose penalties.

I never had an opportunity to air my defence in front of the bench, but I feel that if more people could do so the magistrates would possibly start applying pressure to the DVLA to stop wasting the time of the courts and the defendants. DVLA will do whatever they can to stop you going in front of the court as they know they will be ripped to shreds when their "evidence" is tested by the court. This is why they try and get hold of defendants' defence details beforehand.

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[bizzybob]

Re: 'Requisition' from DVLA for court

DVLA need another bite from Watchdog, Thety are acting in a wholly unlawful and dubious manner with these "requisitions"

Some other drone can be grilled seing as how Simon Tse has jumped ship to feck up DWP

http://www.cesi.org.uk/social-inclus...rector-departm

[Walker]

Re: 'Requisition' from DVLA for court

Without giving any personal details away, can you tell us what you used as your defence to the DVLA solicitor that agreed to drop it?

I rather doubt that he was a solicitor.

I didn't lay out my whole defence, but I made it clear that I had an adequate defence to the allegation and I was quite prepared for this to be tested by the magistrates. I showed him a couple of the documents that I would produce in court, and he then said that the allegation would be withdrawn.

I felt rather sorry for him. It was clear that he had been landed with a pile of no-hope cases by the Swansea bureaucrats. I got the impression that he was more than prepared to fold on any case where the victim had actually pleaded not guilty, had shown up at court and was capable of putting forward a viable argument.

Of course, the DVLA make their money from the weak, the lazy and those who do not have the time to argue their case. This is a shameful position, but they are unlikely to change.

[Tools]

Re: 'Requisition' from DVLA for court

Blue Bottle and Andy, enough, again! Thread closed, maybe you both want to argue on another thread so that one can be closed too? Any problems with this please PM me.