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Hi all, just wondered if anyone could help... I received a requisition from the dvla in regards to not insuring a vehicle. I've copied and borrowed some letters on LB, and added a few bits. could any one have quick look to see if I may have missed anything important out and also I was thinking of adding a fee schedule.. any thoughts? thanks danTheprosecution xxx
DVLA xxx
Swansea Enforcement Centre D12 xxx
DVLA Longview road,
Swansea,
SA99 1AH
16/07/13
Vehicle registration xxxxxxx
Dear sir/madam
I am writing in regards to therequisition sent to me to attend Leeds magistrate’s court
on 31/07/2013 to answer charges in relation to an un-insured vehicle.
Due to the vehicle being a non starterwith many other problems and not being able to get a valid MOT. I had notifiedthe finance company by voluntary termination of the finance agreement in December2012.
The V5 was returned by first class postnotifying the DVLA the change of owner thus leaving me with no obligation toinsure a vehicle I no longer had any financial interest in, and no longer ownedby me.
I would also like to point out thatthis is the first time I have been notified from the DVLA by way of a Requisitionorder rather than any other correspondence about the matter. If I would havereceived any correspondence from the DVLA, I would have dealt with the matterswiftly.
Could you also confirm that the vehicleregistered xxxxxxx is no longer in my name?, as you can imagine, it is veryworrying to think that someone else could be driving a car in my name un beknown to me.
If you check your records, I have hadanother vehicle which had been taxed, tested and insured. That vehicle has nowbeen sold, and the V5 returned to the DVLA with no problems as far as Iknow. As it was sold to a friend andthey have since informed me they had received the new documentation.
For therecord, I would also like to inform you that I have not received anynotification from the DVLA in regards to the recent change of owner /registered keeper on the recently sold vehicle (either not sent or lostpossibly!?).
I will be pleading NOT GUILTY on allcharges as I consider I have no charges to answer and
I am now informing DVLA that I didsurrender the vehicle V5document to DVLA as required by law and myresponsibility ended as soon as I relinquished control of delivery to the royalmail.
May I remind you on Section 07 of theInterpretations Act 1978.
7. Where an Act authorises or requiresany document to be service by post. served by post (whether the expression"serve" or the expression " give " or " send " orany other expression is used) then, unless the contrary intention appears, theservice is deemed to be effected by properly addressing, pre-paying and postinga letter containing the document and, unless the contrary is proved, to havebeen effected at the time at which the letter would be delivered in theordinary course of post.
This means that by correctly addressingan envelope, affixing a stamp to cover the necessary charge (as is required),and by placing the item in a Royal Mail Mailbox, I have fulfilled myresponsibility to notify DVLA AS REQUIRED BY STATUTE LEGISLATION.
Also, I have no responsibility for anycorrespondence to reach me from the DVLA or any other corporation, I wouldlike to bring your attention to DVLA vs. Peck.
Mr Peck (Claim 9BR0829 at Horsham county court. The Judge found in MrPecks favour stating the DVLA has no statutory power requiring anyone tocontact them should they not receive an acknowledgment letter.
I would recommend using recordedpost for such important documents, as I will be using this service for anyfuture important documents I may need to post.
Other than the royal mail, how I amable to deliver the V5 document to DVLA?The DVLA even put their address and postcode ontheir documents so I must take it that this is the normal method for exchangeof correspondence.
Can you please advise me under whatStatute Legislation I am lawfully obliged to contact the DVLA if I do not receiveany correspondence from the DVLA?
The question of the legislation oncontacting the DVLA and statute legislation has already been judged in variouscounty courts and has been found in the defendants favour. This matter has beendiscussed in great lengths on BBC TV Watchdog.
I will be providing case details to thecourt if needed.
It has been confirmed through Freedom ofInformation Requests that the DVLA do lose mail for which I will be layingbefore the court as evidence.
I must also inform the prosecutor thatI am fully aware of the DVLA vs. Paul Kennedy case.
MR Kennedy claimed he was wrongfullyconvicted of a similar offence I am being charged with.Mr Kennedy appealed his case toChelmsford Crown Court at 10.00 am on Friday 9th September 2011.
DVLA prosecutors at Swansea withdrewits cause of action and offered no evidence to the crown court.
No doubt this was to stop a precedencebeing set as case law being it was a court of appeal and binding on all equaland lower Courts.
I am aware that the trial was forallegedly not notifying the DVLA for transfer of ownership and as for my self,I state again that the relevant documentation was sent via the Royal mailleaving me with no obligations to that vehicle.
I can assure the DVLA that if I amsummoned before the magistrates and convicted, I will be seeking leave toappeal to the crown court as it is my understanding that the judge would have abetter knowledge of statute legislation.
I trust this letter is explanatory in itscontext and I reserve the right to show this letter in court if needed.
Yours sincerely
DVLA xxx
Swansea Enforcement Centre D12 xxx
DVLA Longview road,
Swansea,
SA99 1AH
16/07/13
REQUISITIONTO ATTEND LEEDS MAGISTRATES COURT ON 31/07/2013
Dear sir/madam
I am writing in regards to therequisition sent to me to attend Leeds magistrate’s court
on 31/07/2013 to answer charges in relation to an un-insured vehicle.
Due to the vehicle being a non starterwith many other problems and not being able to get a valid MOT. I had notifiedthe finance company by voluntary termination of the finance agreement in December2012.
The V5 was returned by first class postnotifying the DVLA the change of owner thus leaving me with no obligation toinsure a vehicle I no longer had any financial interest in, and no longer ownedby me.
I would also like to point out thatthis is the first time I have been notified from the DVLA by way of a Requisitionorder rather than any other correspondence about the matter. If I would havereceived any correspondence from the DVLA, I would have dealt with the matterswiftly.
Could you also confirm that the vehicleregistered xxxxxxx is no longer in my name?, as you can imagine, it is veryworrying to think that someone else could be driving a car in my name un beknown to me.
If you check your records, I have hadanother vehicle which had been taxed, tested and insured. That vehicle has nowbeen sold, and the V5 returned to the DVLA with no problems as far as Iknow. As it was sold to a friend andthey have since informed me they had received the new documentation.
For therecord, I would also like to inform you that I have not received anynotification from the DVLA in regards to the recent change of owner /registered keeper on the recently sold vehicle (either not sent or lostpossibly!?).
I will be pleading NOT GUILTY on allcharges as I consider I have no charges to answer and
I am now informing DVLA that I didsurrender the vehicle V5document to DVLA as required by law and myresponsibility ended as soon as I relinquished control of delivery to the royalmail.
May I remind you on Section 07 of theInterpretations Act 1978.
7. Where an Act authorises or requiresany document to be service by post. served by post (whether the expression"serve" or the expression " give " or " send " orany other expression is used) then, unless the contrary intention appears, theservice is deemed to be effected by properly addressing, pre-paying and postinga letter containing the document and, unless the contrary is proved, to havebeen effected at the time at which the letter would be delivered in theordinary course of post.
This means that by correctly addressingan envelope, affixing a stamp to cover the necessary charge (as is required),and by placing the item in a Royal Mail Mailbox, I have fulfilled myresponsibility to notify DVLA AS REQUIRED BY STATUTE LEGISLATION.
Also, I have no responsibility for anycorrespondence to reach me from the DVLA or any other corporation, I wouldlike to bring your attention to DVLA vs. Peck.
Mr Peck (Claim 9BR0829 at Horsham county court. The Judge found in MrPecks favour stating the DVLA has no statutory power requiring anyone tocontact them should they not receive an acknowledgment letter.
I would recommend using recordedpost for such important documents, as I will be using this service for anyfuture important documents I may need to post.
Other than the royal mail, how I amable to deliver the V5 document to DVLA?The DVLA even put their address and postcode ontheir documents so I must take it that this is the normal method for exchangeof correspondence.
Can you please advise me under whatStatute Legislation I am lawfully obliged to contact the DVLA if I do not receiveany correspondence from the DVLA?
The question of the legislation oncontacting the DVLA and statute legislation has already been judged in variouscounty courts and has been found in the defendants favour. This matter has beendiscussed in great lengths on BBC TV Watchdog.
I will be providing case details to thecourt if needed.
It has been confirmed through Freedom ofInformation Requests that the DVLA do lose mail for which I will be layingbefore the court as evidence.
I must also inform the prosecutor thatI am fully aware of the DVLA vs. Paul Kennedy case.
MR Kennedy claimed he was wrongfullyconvicted of a similar offence I am being charged with.Mr Kennedy appealed his case toChelmsford Crown Court at 10.00 am on Friday 9th September 2011.
DVLA prosecutors at Swansea withdrewits cause of action and offered no evidence to the crown court.
No doubt this was to stop a precedencebeing set as case law being it was a court of appeal and binding on all equaland lower Courts.
I am aware that the trial was forallegedly not notifying the DVLA for transfer of ownership and as for my self,I state again that the relevant documentation was sent via the Royal mailleaving me with no obligations to that vehicle.
I can assure the DVLA that if I amsummoned before the magistrates and convicted, I will be seeking leave toappeal to the crown court as it is my understanding that the judge would have abetter knowledge of statute legislation.
I trust this letter is explanatory in itscontext and I reserve the right to show this letter in court if needed.
Yours sincerely
