DVLA Requisition for not insured

[eire13]

Re: DVLA Requisition for not insured

Many thanks for all your replies. Well I am thinking he should plead not guilty as he believed he was insured. the insurance company say he was insured all details for the car correct except that one digit which was not even noticed when he taxed the vehicle. I don't know why they are choosing this date in April? Anyway the insurance company have sent an e-mail saying he was insured but there was an error on their system. Will it need to be by letter for the court? If so will ring them on Tuesday. Does anyone have experience of sending these requisitions back as there is a form to fill in and it says send a copy of the insurance document but does he need to send a letter explaining the circumstances ? Please can someone advise on this?

[bluebottle]

Re: DVLA Requisition for not insured

Many thanks for all your replies. Well I am thinking he should plead not guilty as he believed he was insured. the insurance company say he was insured all details for the car correct except that one digit which was not even noticed when he taxed the vehicle. I don't know why they are choosing this date in April? Anyway the insurance company have sent an e-mail saying he was insured but there was an error on their system. Will it need to be by letter for the court? If so will ring them on Tuesday. Does anyone have experience of sending these requisitions back as there is a form to fill in and it says send a copy of the insurance document but does he need to send a letter explaining the circumstances ? Please can someone advise on this?

The insurance company need to provide a letter confirming the error on their system. However, in the interim, a printout of the email should be sent to DVLA, along with a covering letter. Something along the lines of -

"Dear Dimwits at DVLA,

Re.: xxxxxxxxxxxxxxxxxxxxx

In response to your allegations, I am enclosing an email from [Name of Insurance Company] confirming vehicle registration mark [VRM] was insured at the time you allege it was not due to an error on the part of [Name of Insurance Company] in recording the vehicle's details on their own database, as well as the Motor Insurers' Database (MID). You are put on notice that the MID is not 100% accurate and should not be relied on as evidence that a vehicle is uninsured.

I have requested a letter of confirmation from [Name of Insurance Company] and will forward a copy of this letter to you once received.

I trust that you will now close this matter as no offence has been committed and you have produced no credible or substantial evidence that proves your allegations beyond all reasonable doubt. Should you continue with any court proceedings, I shall exercise my right to ask the court to dismiss the case and seek full costs against DVLA.

Yours faithfully,

xxxxxxxxxxxxxxx"

[bluebottle]

Re: DVLA Requisition for not insured

bit more thought on this i take it that the requisition was because he had not put a sorn or not have insurance for the vehicle.
and not been stopped by the police or an anpr camera while driving it.

if the court case goes bad
there will be no points issued.
just a fine for keeping a vehicle without insurance or a sorn.

http://www.mib.org.uk/Motor+Insuranc...nt/default.htm

I doubt it will as the vehicle was insured. Under the circumstances, no insurance or SORN offence is committed. The MID is not 100% accurate and from conversations I have had with the Information Commissioner's Office (ICO) about this, ICO has made it clear they have no qualms fining insurance companies who get it wrong.

Incidentally, the ICO has statutory powers to impose a Civil Monetary Penalty (CMP) of up to £500,0000. The DPA offence would be Failing to Maintain Accurate Records.

[eire13]

Re: DVLA Requisition for not insured

Thanks so much Bluebottle. I am very grateful to you for that wording. Will get that sent off on Tuesday. Think I am more stressed about this than my son. Very grateful to everyone for responding. Hopefully they might drop it before the court date. Will update soon.

[bluebottle]

Re: DVLA Requisition for not insured

Don't be surprised if DVLA drop the matter a few days before the hearing date. They have form for this.

[eire13]

Re: DVLA Requisition for not insured

Well hopefully they will as my son works nights and should be in bed when he has to attend court. Also the court is in Watford which is a distance away. Will update with the outcome. Am very grateful for all the help. Thanks

[bluebottle]

Re: DVLA Requisition for not insured

Your son needs to keep a note of all costs incurred.

[eire13]

Re: DVLA Requisition for not insured

Just to update have posted the letter above with the e-mail from insurance company enclosed by 1st class signed for delivery. The email from ins. co. says "are prepared to
indemnify the above driver for their use of this particular vehicle on that
date, in accordance with the requirements of the Road Traffic Act 1988". Will update on outcome and thanks everyone for help and support.

[eire13]

Re: DVLA Requisition for not insured

Just a small update and some advice please. Sent off the letter as per Bluebottle's post. Have heard nothing back from DVLA. My thinking was if not heard by Thursday to send off the not guilty plea. The requisition does not really give much info on what to send back to them other than the insurance document. I am thinking we would need a cover letter explaining what is enclosed like the letter as above from the insurance company. Also the I. Co have redone his insurance from 23/5 so we would need to send the old one with the wrong reg. Any advice on wording this please? Thanks in advance.

[bluebottle]

Re: DVLA Requisition for not insured

You need to give them at least 14 days from the date you sent the letter to them on 28 May 2014. This allows four days in the post and 10 days for them to deal with it or completely and totally balls things up.

With a covering letter, something along the lines of -

"Dear Dimwits at DVLA,

Re.: xxxxxxxxxxxxxxxxxxxxxxxxxx

Further to my letter of [date] and enclosures, I am enclosing with this letter a copy of the insurance certificate, as issued by [Name of Insurance Company], in relation to my vehicle [Colour][Make][Model] Vehicle Index Mark [VRM].

As previously advised and as you will note on the enclosed copy of the insurance certificate, a digit was entered wrongly by [Name of Insurance Company] who have admitted to this. In the circumstances, and in view of the fact [Name of Insurance Company] have confirmed Vehicle Registration Mark [VRM] was insured in accordance with the requirements of the Road Traffic Act and other legislation, during the period you allege it was not insured, I submit there is no case to answer. Accordingly, I must now request that DVLA discontinues all and any proceedings and confirms this in writing. Should, however, DVLA continue with any court proceedings regardless, not only would this amount to an abuse of the legal process, it will result in my asking the court to dismiss the case and seek full costs against DVLA.

Your faithfully,

xxxxxxxxxxxxxx"

Send a copy of the insurance certificate with the error on it, not the actual certificate as provided to you by the insurance company. You should, however, keep original documents in a safe place as if DVLA decide to be silly, the originals will need to be produced to the court as evidence. District Judges, Deputy District Judges and Justices of the Peace do not take kindly to having their own and the court's time wasted by DVLA playing silly buggers.

[eire13]

Re: DVLA Requisition for not insured

The problem is the court date is 11th June so not sure there is the time to send them another letter now and defiantly not to give them 14 days. My worry is also is we don't put in the not guilty plea they might give him some kind of default judgement.

[bluebottle]

Re: DVLA Requisition for not insured

DVLA cannot seek a default conviction simply because he pleads Not Guilty now. We know they do it and they know they do it and, strictly speaking, they are breaking the law by doing so.

Send DVLA a letter by Special Delivery, which guarantees next-day delivery, making it clear that a plea of Not Guilty or No Case will be made and an order for costs sought against DVLA. However, be prepared for DVLA to drop the case a few days before the hearing date.

[eire13]

Re: DVLA Requisition for not insured

Thanks a lot, Bluebottle. I will get this sent off tomorrow.

[eire13]

Re: DVLA Requisition for not insured

Sent off the letter yesterday. Still no reply from DVLA even to the first letter. Is it best to get the not guilty plea in by post before the court date? Also if it does go against him is this a criminal conviction as in on a criminal record?

[bluebottle]

Re: DVLA Requisition for not insured

I would get the Not Guilty plea in asap. However, he must not let DVLA have any details of his defence. They are not entitled to see his defence as it is a criminal hearing and they have no right to see what evidence he has against them. Be prepared for DVLA to drop the matter days before the hearing. If they go to a hearing, your son should not discuss his defence with anyone. Any details of his defence should only be disclosed to the court, before a judge or Justices of the Peace, within the confines of a courtroom. Your son also needs to resist any bullying or intimidation from DVLA staff who turn up for the hearing. I have heard of cases where attempts have been made to bully people into pleading guilty. This sort of behaviour is totally illegal.