DVLa Fine

[lightboobers]

I was fined by the dvla for having no vehicle licence duty ,taken to magistrates court given a £750 fine for said offence.
What recourse have I to fight this and get the fine dismissed or am I fooling myself???

[des8]

Hi and welcome.
Had you paid the Road tax?
If not what was the reason?
Did you attend court?
What reason do you have for appealing the conviction?

[MIKE770]

whatsmore were you driving unlicensed vehicle ( the crux)??

[lightboobers]

Thanks everybody

The car was is in the trade parked across from a garage unsorned,where it was booked in for an mot and repair work on a public pavement, the garage as very little room.The local NSL(300ft away) clamped it without the garages knowledge shortly after it was Seized (or stolen)The car was registered in my name since I had decided to give it to my daughter who then decided she didn't want it and bought a new car.
The dvla announced a settlement out of court of £260 and the storage fees etc they were told what to do with their offer.I didn't attend court many reasons not long since having lost my father etc.I cant help but feel the DVLA raced ahead with taking me to court simply because of the language I used against them,I called them everything under the sun I didn't hold back,I laid into them (tough dudies),can they legally use my behavior against me. I'm appealing the fine on the basis of the car being booked in for an MOT at the time of its seizure regardless of whether it was on a public road pavement etc.The car hadn't been logged into the system by the garage it was simply arranged and driven there,if I had been stopped,I was on the way for an MOT test which is normal procedure. Since Im on a public road without tax while driving it to a garage for an MOT where it was parked waiting for the MOT public or not doesn't apply????? by that reasoning I could have been fined or the car seized while I taking it to the garage,does it state in law the MOT as to take place immediately the car arrives at the garage etc 1 second 1 week 1 year ??

Does the DVLA hold all the cards from a legal perspective,its my understanding nobody does in any legal matter,from my research on the net the DVLA are interpreting matters to suit themselves “in line with current legislation” is their way of ending an argument,shut up and put up with it

[des8]

So the car was untaxed, not SORNED, parked on the public road?
You were offered an out of court settlement, but decided not to accept that but didn't turn up at court.
Did you not bother to inform the court you could not attend?
You are unlikely to get leave to appeal unless you have a cast iron reason for not attending.
Whilst you may drive a vehicle without MOT or Tax to an MOT testing station for a pre arranged MOT, once there it has to be parked off road.

[MIKE770]

trouble it seems to did not attend the court - many people report prior to going in the cases are sorted by the DVLA representative, and in most cases never enter the court also DVLA when challenged on many a case fold at that stage>

[lightboobers]

Could I use section 142 of the local magistrates court act to have the case reopened, if Iam granted a hearing and the fine is removed can I then claim the value of the car back from the DVLA and compensation along with the monies from a lost lost sale when the car was seized

[ploddertom]

What grounds would you use, bear in mind your history in this to date.

[des8]

I cannot see what successful grounds you have to contest conviction;
The vehicle was on public highway untaxed, with no MOT awaiting repair and then an MOT which was not logged
You declined an out of court settlement and then did not turn up to court.

I assume you didn't complete a statement of means for the court either.
If you did not the court will have assumed your relevant weekly income was £440, and based the fine on that figure.
if you earn less than that you can ask the Magistrates’ Court to review the amount of the fine.

[lightboobers]

Il come clean I went to court under section 142 and the fine was dismissed,Im just looking to find a way through the maze from a different angle.The court threw the fine out and I mean threw due to the car being booked in for an MOT.I have since been through the hoops of the DVLAs frankly useless appeals process ending with the parliamentary ombudsman decision that the dvla was in the right and could find no maladministration on their part.This leaves me with no fine thankfully and out of pocket by £1000+ and a hole through the mist of approaching NSL to see how much they got for it at auction which will have been a pittance of what the car is worth and getting them to pay me,the only response I got from the DVLA after announcing i had the fine dismissed.So on what grounds can I sue the DVLA or NSL through the civil courts or county court.I dont want to go into into anymore detail on a public forum for fear of my intentions being seen by the DVLA.I can send any relevant information in a private message.After researching on the net my case is very similar to many with the DVLA wielding the big stick and people winning against them so Iam cautiously optimistic

[des8]

You confess that you began this thread deliberately misleading us as to your true position and so wasting out time, but now expect us to spend even more time on it.

[lightboobers]

The aim wasnt to mislead rather to draw out an alternate angle to the picture I think the legal profession are very reluctant to tackle any matter regarding government departments or rather offer a challenge to the law as dictated by them.I have a legitimate gripe against the DVLA and their sleazy gang of thugs NSL who work for them unregulated and a law unto themselves,yes they have followed the law but the law isnt infallible.Can anybody offer me advice on how to pursue this matter

[Amethyst]

I'm lost.

Your car was seized for no tax and parked on a public road. The car was untaxed on a public road because the garage had parked it there due to lack of space while it was queued up for having its MOT.

You went to court and had the fine dismissed and now want to be compensated for the seizure ( and sale) of your vehicle ?

Why on goodness earth didn't you start with that.

Just start a new thread. I'll close this one.

Bear in mind people can't help without having the ACTUAL facts of the case.

[Amethyst]

Thread closed.