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DVLA Requisition for not insured

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  • #31
    Re: DVLA Requisition for not insured

    Ok Bluebottle I am very grateful for your help. I will give your advice to my son about the court. We will get the not guilty reply sent off. Do we write a covering letter to the court with the plea there are really not a lot of details on the form he got? Thanks

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    • #32
      Re: DVLA Requisition for not insured

      you can not be found guilty under current English law he did not have a guilty mind

      Go to court and claim expenses or ask the DVLA to behave them self in any case did not know it was the DVLA Who deal with driving with out insurance also the insurance company should refund you any payments made hope this helps
      Last edited by russelldash; 4th June 2014, 19:46:PM. Reason: correction

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      • #33
        Re: DVLA Requisition for not insured

        Sent off the not guilty plea yesterday. Still no reply from DVLA. Would it make a difference if he attends the court or not? Does anyone know if it would change the decision if he goes to court or not? He has just realised this is the same day he has booked a trip somewhere.

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        • #34
          Re: DVLA Requisition for not insured

          It would definitely be in his interests to attend court unless he hears back from the DVLA to say it has been dealt with in his favour.
          Any opinions I give are my own. Any advice I give is without liability. If you are unsure, please seek qualified legal advice.

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          • #35
            Re: DVLA Requisition for not insured

            Originally posted by Tools View Post
            It would definitely be in his interests to attend court unless he hears back from the DVLA to say it has been dealt with in his favour.
            I strongly agree with what you say, Tools. However, the OP's son also needs to be prepared for DVLA to drop the matter a few days before the hearing date. They have form for this, especially when they can see they they are not going to get what they want.
            Life is a journey on which we all travel, sometimes together, but never alone.

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            • #36
              Re: DVLA Requisition for not insured

              Thanks Tools and Bluebottle. Well that would be a good outcome if they did. Will update with the result. Thanks.

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              • #37
                Re: DVLA Requisition for not insured

                I agree BB, just wanted to prepare him to miss his prior engagement.
                Any opinions I give are my own. Any advice I give is without liability. If you are unsure, please seek qualified legal advice.

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                • #38
                  Re: DVLA Requisition for not insured

                  Originally posted by Tools View Post
                  I agree BB, just wanted to prepare him to miss his prior engagement.
                  There needs to be a clampdown on DVLA's shenanigans where court hearings are concerned, Tools. Their modus operandi are -

                  a. Dropping the case a few days prior to the hearing;
                  b. Dropping the case about half-an-hour before the hearing; and
                  c. Not turning up to a hearing, leaving the defendant to find out the case has been adjourned to a later date when they arrive at the court.

                  What is more serious, however, are the following -

                  d. Obtaining details of a defendant's defence on arrival at the court, telling them they haven't a cat in hell's chance of getting an acquittal and sending them home, thereby going into court, unopposed, and obtaining a conviction by telling the court the defendant has failed to appear;
                  e. Trying to obtain details of a defendant's defence on arrival at the court, throwing a strop when being told to take a hike by the defendant and obtaining an adjournment which is then not notified to the defendant;
                  f. Attempting to intimidate a defendant into pleading guilty.

                  The tactics at d. and f. are the most serious. The tactic at e., although not as serious, is treated as equally serious from a prosecution point of view.

                  My advice to the OP's son is if the matter does go to a court hearing and a DVLA "prosecutor" attempts to obtain details of his defence prior to the hearing, is to politely tell the "prosecutor" to go off somewhere and pass water. It would also be advisable to report the matter to the police at the court.
                  Life is a journey on which we all travel, sometimes together, but never alone.

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                  • #39
                    Re: DVLA Requisition for not insured

                    Well Blue bottle think you must be psychic. Got a letter from DVLA today dated 9/6 but only arrived today. Basically saying in view of the further information received it is the Agency's intention to withdraw the charge.

                    I thank everyone so much for your help especially Bluebottle for the letters it helped ease the stress. Glad it is all over :tinysmile_grin_t:

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                    • #40
                      Re: DVLA Requisition for not insured

                      Well done and thank you BB. Hopefully your son can now go on his trip as planned.
                      Any opinions I give are my own. Any advice I give is without liability. If you are unsure, please seek qualified legal advice.

                      IF WE HAVE HELPED YOU PLEASE CONSIDER UPGRADING TO VIP - click here

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                      • #41
                        Re: DVLA Requisition for not insured

                        Yes he is delighted all thanks to everyone here :love:

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                        • #42
                          Re: DVLA Requisition for not insured

                          Glad to be able to help. I've learned from experience as to how sneaky and devious DVLA can be. However, it does show that the motor insurance industry must have control of the MID taken away from them and the public sector be responsible for its day-to-day administration and control. There are still too many motorists having their vehicles unlawfully seized and destroyed, as well as DVLA wrongly accusing motorists of not being insured, as happened to Eire's son, as a result of the motor insurance industry's bungling. This matter needs to be referred to the Information Commissioner's Office (ICO) as motor insurers are required, by law, to ensure the accuracy of what they put on documentation and the MID. The ICO has informed me they have no qualms fining an insurance company for breaching the DPA.
                          Life is a journey on which we all travel, sometimes together, but never alone.

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