dvla and meaning of requistion/summons

[postggj]

well i have received one of those failure to notify cons from dvla and landed myself to a court summons

ime fully aware of the interpretations act and have pleaded not guilty so no worries on that one

question 1

why are dvla using requistion instead of summons (explain difference please)

question 2

as this is a criminal matter, only the crown prosecution service brings charges before a court

where in the vehicle excise and registration act 1974 s.59 (2) (a) allows them (dvla) the authority to bring a CRIMINAL PROSECUTION and not a civil claim

ANSWERS ANYBODY

many thanks

[Amy]

Re: dvla and meaning of requistion/summons

I don't understand your post to be perfectly frank with you.

What is the summons for?

[postggj]

Re: dvla and meaning of requistion/summons

failure to notify dvla of new keeper when i sold the vehicle

i sent off the v5

dvla say they never received it

[Amy]

Re: dvla and meaning of requistion/summons

Have a read of this thread, in particular Mrs James' post #2 Philips and DVLA - HELP!!! - Legal Beagles Consumer Forum

[postggj]

Re: dvla and meaning of requistion/summons

[Amy]

Re: dvla and meaning of requistion/summons

Do you have proof of posting?

[postggj]

Re: dvla and meaning of requistion/summons

Did Not Think I Would Need It

I Have My Defense All Sorted So No Wories On That

Its Just Question 1 And Two At The Start I Need Advice On

Many Thanks

[Amy]

Re: dvla and meaning of requistion/summons

Since it is a requisition rather than a summons, it is an invitation rather than a legal requirement.

Except there is no legal requirement to ensure that the DVLA has received your paperwork. You did what you are obliged to do and that is to inform DVLA of the change of details. Although you will have to be sure to do your homework properly because the Magistrates will more than likely go along with the DVLA.

That said, I find it difficult to believe how they could do anything other than say it's six of one and half a dozen of the other because although it would have been prudent to get proof of posting, it is not a legal requirement and why should you have to pay if the Royal Mail have lost it.

Why does the DVLA even believe you haven't changed the details?

[postggj]

Re: dvla and meaning of requistion/summons

on form A FROM DVLA(ABOVE)

in bold letters at the top it states

no ASN required

have no idea on what this means, any takers????

[Amy]

Re: dvla and meaning of requistion/summons

It means no Arrest Summons Number needed.

[postggj]

Re: dvla and meaning of requistion/summons

Many Thanks

[postggj]

Re: dvla and meaning of requistion/summons

WHAT AN ANTI -CLIMAX

I HAVE JUST HAD THE PROSECUTION DEPARTMENT OF DVLA PHONE ME. IT WAS CIVIL ENOUGH. HE ASKED WHY I WAS DEFENDING AND REQUESTING THE PROSECUTOR TO TURN UP IN COURT.

I REMINDED HIM THAT I WILL BE STATING MY DEFENSE IN COURT AND NOT BEFORE.

HE THEN STATED CASE WITHDRAWN,

EMAIL COPY RECEIVED AND HARD COPY IN THE POST

AND I WAS SO LOOKING FORWARD TO TEAR HIM APART IN COURT AND PUT INTO THE OPEN THE UNLAWFUL PROSECUTIONS INSTIGATED BY DVLA

AT LEAST THEY HAVE SEEN SENSE IN THE END

[Amy]

Re: dvla and meaning of requistion/summons

Good result, well done x

[mum2fletch]

Re: dvla and meaning of requistion/summons

Ive been summons to appear next month. Im absolutely cr*pping myself.
I got a letter from the DVLA last year asking if I was aware that some one else was applying for registered keeper of the vehicle. So I replied (on the back of the letter as they said to do) that yes I was fully aware of this. (after all I had sent them the little slip of change of ownership)
the next letter I got was telling me they were fining me £35 I wrote back again telling him in few words to shove that idea as I HAD informed them, they responded with another letter saying the fine had now gone up to £50 this time I told them I was going to go to watch dog since they were always the feature company for trying to rip people off.
after that I fot the same summons as the one scanned in here. To be honest I chose to hide it away and not acknowledge it. unfortunately now Ive had to get it out again and take my head out the sand. The guy I sold my car to has given me a letter he received from the DVLA stating his recent application for the Registration Certificate was in the process of being dealt with.
SO if Im guilty of NOT informing them of change in keeper how come he would have a letter saying his application is being processed I dont understand
Also has any one faced this in court? what am I in for? I will be 37 weeks pregnant at the date of my court appearence and could do with out this stress but since I to appear what will I need with me?
Thanks in advance for any help
x

[miliitant]

Re: dvla and meaning of requistion/summons

first thing is DONT PANIC

was it a requisition DVLA SENT YOU

CHECK AGAIN THE LETTER

confirm they call it a penalty and not a fine

only a court can issue fines