Magistrates summons, insurance issue

[goldenplum]

I had insurance cover on my vehicle until the 19 February 2013, at which time I left and thought to have declared my vehicle as sorn. I had other vehicles which I had insured and was using. On 10 June 2013 I insured the original vehicle and started using it.

Following this I received notification from the DVLA for a fine of not having insurance from the period of 7 June 2013 until 10 June 2013. I sent the form back the DVLA explaining that it should have been declared as sorn, I received no reply from the DVLA but have now received a magistrates summons to appear on 18 December 2013.

I have attempted to contact the DVLA and resolve this but they just pass me to the court which has an unobtainable number.

Can anyone suggest how to deal with this matter?

[bluebottle]

Re: Magistrates summons, insurance issue

Yes. It sounds very much that DVLA are playing silly buggers. Which court have you been summonsed to appear before and has DVLA asked for details of your defence?

[goldenplum]

Re: Magistrates summons, insurance issue

They have asked for me to enter a plea and to complete a witness statement, and it's Trafford

[bluebottle]

Re: Magistrates summons, insurance issue

Do you have the SORN Notice from DVLA showing the vehicle was SORNed between the two dates? Also, was the vehicle used on a road between the two dates?

[goldenplum]

Re: Magistrates summons, insurance issue

No SORN notification received and the vehicle was not used between the two dates.

[bluebottle]

Re: Magistrates summons, insurance issue

No SORN notification received and the vehicle was not used between the two dates.

A few more questions -

1. Was a SORN notice sent to DVLA covering the period and, if so, when?
2. Who has asked you to enter a plea and provide a witness statement?
3. Has DVLA sent you details and copies of the evidence they intend to rely on?

[goldenplum]

Re: Magistrates summons, insurance issue

1. Yes the sorn was sent to the DVLA but do not remember the exact date.
2. Telephoned the court and It was the court clerk who told me to complete the forms either a guilty or not guilty plea and to return the plea with a witness statement.
3. No, the DVLA has not sent me any details and copies of evidence they intend to rely on.

[bluebottle]

Re: Magistrates summons, insurance issue

Thank you for answering the questions. It sounds like another of DVLA's dodgy cases. It is a legal requirement that, in traffic-related cases, the defendant is provided with copies of all and any evidence the prosecution intend to rely on at least 7 days prior to the date of any hearing. My suspicion is that DVLA are basing their case on the unsubstantiated allegation of No Insurance.

I would ring DVLA today and ask them if they are going to provide you with the evidence they intend to rely on by this Wednesday, 11 December 2013.

It would not surprise me if they have received your SORN application and either lost or mislaid it at DVLA.

[goldenplum]

Re: Magistrates summons, insurance issue

Thank you, I have telephoned the DVLA who told me to put the request in writing to the enforcement team in Swansea as they do not have a direct telephone line.

[bluebottle]

Re: Magistrates summons, insurance issue

Thank you, I have telephoned the DVLA who told me to put the request in writing to the enforcement team in Swansea as they do not have a direct telephone line.

These DVLA muppets do not seem to realise that it is a legal requirement for them to provide you with details of the evidence they intend to rely on in accordance within legal time-limits. In addition to this, Article 6, Human Rights Act 1998 requires that you receive a fair hearing. If you do not have the evidence DVLA claim to have in order to prepare your defence, it cannot be said you will have a fair hearing.

I would ring the court and explain to the Clerk that DVLA has not served copies of the evidence they are relying on as required. You could say that it is your understanding that the evidence must be provided to you at least seven days prior to the hearing in order for you to prepare your defence, which means DVLA has until Wednesday 11 December 2013 to serve the evidence on you. See what the Clerk says. They may suggest an adjournment.

[goldenplum]

Re: Magistrates summons, insurance issue

These DVLA muppets do not seem to realise that it is a legal requirement for them to provide you with details of the evidence they intend to rely on in accordance within legal time-limits. In addition to this, Article 6, Human Rights Act 1998 requires that you receive a fair hearing. If you do not have the evidence DVLA claim to have in order to prepare your defence, it cannot be said you will have a fair hearing.

I would ring the court and explain to the Clerk that DVLA has not served copies of the evidence they are relying on as required. You could say that it is your understanding that the evidence must be provided to you at least seven days prior to the hearing in order for you to prepare your defence, which means DVLA has until Wednesday 11 December 2013 to serve the evidence on you. See what the Clerk says. They may suggest an adjournment.

Thank you, No answer this evening. I will call them again first thing tommorow.

[bluebottle]

Re: Magistrates summons, insurance issue

Thank you, No answer this evening. I will call them again first thing tomorrow.

Courts normally rise at 4.00 pm, which would explain the no answer. Although DVLA have until Wednesday to comply, it would be wise to check with the Clerk of the Court tomorrow. I would recommend you prepare the witness statement just in case, by some miracle, DVLA comply.

[goldenplum]

Re: Magistrates summons, insurance issue

Looking over the paperwork again this morning I found this as the whiteness statement provided by the DVLA only, no other documentation has been provided. Is this sufficient for them?