Dvla court summons - failure to notify change of ownership

[blue1]

Re: Dvla court summons - failure to notify change of ownership

DVLA already know my defence, having sent the letter to them originally prior to the first court date that caused them to adjourn, that went with the template letter (thank you Militant) and a letter from the shop saying they posted the V5C.

[bluebottle]

Re: Dvla court summons - failure to notify change of ownership

In hindsight, it would have been better to have withheld your defence and made DVLA prove their case. As stated previously, DVLA know full well they are not entitled to have access to any evidence you intend to rely on in your defence. If you keep such evidence from them, invariably, they will drop the case or not turn up at court and the case is then dismissed.

[miliitant]

Re: Dvla court summons - failure to notify change of ownership

the letter i did includes all reference to the paul kennerdy case and the appeal to the crown court.
once DVLA know you are aware of that they drop the case like a stone. it has worked on many occasions as DVLA just cannot afford to have case law go against them.

the evidence is sound and irrefutable with case and statute law to support all assumptions made on my part.
that is confirmed how quickly they adjourned the case as DVLA started to crap themself as to its content,
DVLA will drop this two days before the next hearing, i will put my house on it, i am that sure

but you are right on disclosing evidence in any other circumstance, but with DVLA, i will make an exception as allready stated, i have case and statute law to support any application

just my opinion though that has been successful to date with DVLA

[blue1]

Re: Dvla court summons - failure to notify change of ownership

New date is in a month so we will wait and see - The shop are happy to see this through as they will know what to do next time they receive a letter demanding such a payment!

It makes me wonder if DVLA should repay all these so called fines? or indeed pass them onto the Royal Mail, Perhaps Royal Mail should go 50/50? Afterall we have had bank charges and PPI.....


Regardless it is surely high time these were all dealt with on line? just think of the postage and paper along with staff DVLA would save up on, and poor little victims like me would not have to go through this. It could even be a service offered at post offices or a supermarket and customers could get their confirmation there and then! This would not be a consideration though, it is to simple!

[miliitant]

Re: Dvla court summons - failure to notify change of ownership

simple answer

its revenue

why do you think the goverment are keeping quiet and letting the goons at DVLA continue with their unlawfull invoices

[bluebottle]

Re: Dvla court summons - failure to notify change of ownership

A case on CAG highlighted the shenanigans of DVLA. A young lady refused to play ball with them by post and when some snotty-nosed prat from DVLA asked to see her defence when she turned up at court, she refused, he threw a strop and the case was adjourned. When she turned up at the adjourned hearing, DVLA were nowhere to be seen. The young lady went before the District Judge at the magistrates court, told them exactly what DVLA had done and the case was promptly dismissed with costs awarded against DVLA.

Either way, if you want to tell the court what DVLA have done, follow the young lady's course of action, but if you want to have Simon Tse and his staff clearing every chemist shop in Swansea of their stocks of Imodium Plus, follow Miliiatant's advice.

Have fun.

[Nikolai]

Re: Dvla court summons - failure to notify change of ownership

Militant's letter worked for a friend of mine - he received a letter from DVLA dropping the case a few days before it was due in court. Don't panic, see this through - you've done nowt wrong as far as I can see. It's plain daft for them to suggest that no-one but you can post the notification.

[blue1]

Re: Dvla court summons - failure to notify change of ownership

As DVLA have my defence, is it alright for the shop to go on my behalf? it appears the shop have a list of over 200 Reg No's from V5C's they send to DVLA. It actually shows mine twice as the person they sold it to n my behalf subsequently brought it back and some months later and it was sold again!

The letter from the court says it was adjourned because of further prosecution consideration. If the court does not hear from me or I do not attend the hearing the case can proceed against me. I am taking an exam that day so can it go ahead without me if the shop represent me and will the court hear their evidence without me?

[miliitant]

Re: Dvla court summons - failure to notify change of ownership

Its a requisition

you can send a letter for the case to be heard in your absence but it will resualt in you being found guilty

i still say dvla will pull out a few days before the trial

they allways do

[blue1]

Re: Dvla court summons - failure to notify change of ownership

DVLA have not been in touch - guess we are going to court!

[miliitant]

Re: Dvla court summons - failure to notify change of ownership

When is the court date

[blue1]

Re: Dvla court summons - failure to notify change of ownership

Well I have been to court, it was a busy day for them! I was seen by the prosecutor pre hearing. DVLA say firstly it was my responsiblity to deal with the V5C ( yes they expected me to post it!) despite the shop showing they recorded every V5C that went to DVLA. They also said I should have sent the yellow slip in, which the shop said it would have done had they not sold the bike near enough straight away, I would argue that if I was not sure how long I would have left the bike with the shop for them to sell for me, as I needed the money and could have easily got it back from them along with the V5C and taken it to another motorbike shop? so if I did that and had sent the yellow slip in then what would happen if I took it to another shop? with no yellow slip?
I was also wrong for not notifying DVLA I had not been notified by them that the ''No longer the keeper'' had been sent to me? within four weeks. -
Prior to this hearing, the shop actually contacted the new owner of the bike and he said that when he purchased the bike he signed the V5C with the Director of the shop, who explained a new one would be posted to him. (he lost the greem slip he had been given) and recalls coming back to the shop some time later as he had not received the V5C and the shop had contacted the DVLA and confirmed they had not received anything and a V62 would be required by the new owner.

The hearing has been adjourned -

[bluebottle]

Re: Dvla court summons - failure to notify change of ownership

Rule 1 - NEVER deal with these DVLA prosecutors pre-hearing.
Rule 2 - See Rule 1.

[miliitant]

Re: Dvla court summons - failure to notify change of ownership

wait for the capitulation letter from DVLA

WHY WAS IT ADJOURNED IF DVLA HAD SUCH A STRONG CASE ??

more like the magistrates were uneasy with the case law you submitted

[bluebottle]

Re: Dvla court summons - failure to notify change of ownership

I am wondering if the magistrates quietly told DVLA to drop it or risk a dismissal and costs orders against them. It wouldn't surprise me.