dvla and meaning of requistion/summons

[miliitant]

Re: dvla and meaning of requistion/summons

i have been waiting to put my whitts against DVLA

if you like i will post a letter on your thread for you to send the DVLA PROSECUTOR on the requisition form

it will detail the defence you will use and put them on notice and reconsider their actions and withdraw the summons

that way other posters can comment as well,either add or take bits out of the letter

let me know if you are game as

been there, done that, got the tshirt with DVLA:tung:

[labman]

Re: dvla and meaning of requistion/summons

Personally I'd take the easy way out. I'd go to my local High Street solicitors, swear a Statutory Declaration to the effect that you sent off the Notice of Change of Keeper from the V5C, take a few copies and send one to the DVLA with a letter asking them to confirm they're withdrawing the case.

[miliitant]

Re: dvla and meaning of requistion/summons

Your name and address

The prosecutor
DVLA
XXX
XXX
DATE

REQUISITION TO ATTENDXXX MAGISTRATES COURT ON XX/XX/2012

Vehicle registration xxxx xxx

Dear sir/madam

I am writing in regards to the requisition sent to me to attend xxxx magistrates court
onxx/xx/2012 to answer charges of failing to notify the secretary of state on change of vehicle ownership.

I will be pleading NOT GUILTY on all charges as I consider I have no charges to answer.

I am now informing DVLA that I surrendered the vehicle V5document to DVLA as required by law. The V5 was returned to DVLA by first class post. My responsibility ends as soon as I relinquished control of delivery to royal mail. I take it I do not have to remind you on Section 07 of the Interpretations Act 1978

7. Where an Act authorises or requires any document tobe service by post. served by post (whether the expression "serve" orthe expression " give " or " send " or any other expressionis used) then, unless the contrary intention appears, the service is deemed tobe effected by properly addressing, pre-paying and posting a letter containingthe document and, unless the contrary is proved, to have been effected at thetime at which the letter would be delivered in the ordinary course of post.

In effect what this means is that by correctly addressing an envelope, affixing a stamp to cover the necessary charge (as is required), andby placing the item in a Royal Mail Mailbox, I have fulfilled my responsibility to notify DVLA AS REQUIRED BY STATUTE LEGISLATION.

May I ask other than royal mail, how I am able to deliverthe V5 document to DVLA.

DVLA even put their address and postcode on their documents so I must take it that is the normal method for exchange of correspondents.

I will now move onto more details on my responsibilities as to the V5 document

Detailson the V5 state -
'Once we know about the changes, you should receive an acknowledgement
letter to confirm that you are no longer responsible for the vehicle. If you do
not receive the letter within 4 weeks, please phone 0300 790 6802.


Can you please advise under what Statute Legislation I am lawfully obliged to contact DVLA if I do not receive any such acknowledgement or correspondents from DVLA.

The question of the legislation on contacting DVLA and statute legislation has already been judged in various county courts and has been found in the defendants favour. This matter has been discussed in great lengths on BBC TV Watchdog.

I will be providing case details to the court if needed

It has been confirmed through Freedom of Information Requests that DVLA do lose mail for which I will be laying before the court as evidence.

I must also inform the prosecutor that I am fully aware of the Paul Kennedy case.

MR Kennedy claimed he was wrongfully convicted of the same offenceI am being charged with.
Mr Kennedy appealed his case to Chelmsford Crown Court at 10.00 am on Friday 9^th September 2011.

DVLA prosecutors at Swansea withdrew its cause of action and offered no evidence to the crown court.

No doubt this was to stop a precedence being set as case law being it was a court of appeal and binding on all equal and lower Courts.

I can assure DVLA that if I am summoned before themagistrates and convicted, I will be seeking leave to appeal to the crown courtbeing that magistrates are normally lay magistrates and not familiar withstatute legislation.

I trust this letter is explanatory in its context and reserve the right to show this letter in court if needed.

Yours sincerely


WELL FIRST ATTEMPT AT A TEMPLATE FOR DVLA

COMMENTS PEOPLE, GOOD OR BAD

[labman]

Re: dvla and meaning of requistion/summons

Excellent letter Militant, I like it a lot. Would it be worth the OP doing as I suggested and swearing a Stat Dec for the sake of a few pounds, stating that the DVLA were notified? This could then be attached to the letter giving almost a watertight case.

Personally I would make a few minor tweaks, but I really like it.

[miliitant]

Re: dvla and meaning of requistion/summons

totally agree

[Nikolai]

Re: dvla and meaning of requistion/summons

Thanks very much for the useful information here and the draft letter. I may use your ideas in a current DVLA case on the same subject, many thanks.

[miliitant]

Re: dvla and meaning of requistion/summons

nice to have you on board

it worked for me

keep us updated

regards

[bluebottle]

Re: dvla and meaning of requistion/summons

Cracking letter, Militant. Might be a good idea to send copies to the Permanent Secretary at the DfT and Secretary of State for Transport.

The postal address for the DfT is -

Department for Transport
Great Minister House
33, Horseferry Road
London
SW1P 4DR

[Nikolai]

Re: dvla and meaning of requistion/summons

Hi all,
Just thought you'd like to know that I used Militant's letter as a draft for a letter I sent to DVLA Prosecutions recently, on behalf of a friend who had received a Requisition to attend court on 27th July. DVLA had charged him with failing to notify change of ownership. He got a letter back from DVLA a few days before he was due to appear before the magistrates. You guessed it - DVLA withdrew the case. Sure they rambled on about responsibility etc. but actually agreed that there was no legal obligation to follow up if the letter saying you're no longer responsible for the vehicle doesn't come. Their tone showed they didn't like it much, but they clearly were not willing to chance losing at trial. I think mentioning the case of Paul Kennedy helped too.
It just makes me wonder how many people roll over on this and plead guilty when they don't have to!
Anyway, many many thanks from my friend, and thanks from me as well. This case was how I came to find LB in the first place, when I searched "DVLA requisition" because I wasn't sure what it was. Very grateful to all who contributed to this thread.

[miliitant]

Re: dvla and meaning of requistion/summons

Glad it helped
knowledge is power

[basa48]

Re: dvla and meaning of requistion/summons

I know it's pedantic and I know there has been a thread regarding picking people up on spelling or grammar, but in militants letter the correct term is 'correspondence' not 'correspondents'.

Correspondence is communication in writing; correspondents are the people corresponding.

I felt it necessary to point this out as this is the basis for a legal letter. :tinysmile_kiss_t4:

[miliitant]

Re: dvla and meaning of requistion/summons

thats microsoft office again

must change the settings to uk

[sms12]

Re: dvla and meaning of requistion/summons

Have the same Requisition.
Would it help a copy of the V5 filled out with the details of the person who bought the car ?

Thanks for your help.

[jthorneuk]

Re: dvla and meaning of requistion/summons

Firstly... This thread is amazing! I was in a panic about a letter I recieved and its great to find out all is not lost...

My letter and situation is slightly different though as my letter was for not having insurance. To sum it up... I have a classic Landrover that is tax exempt. I got insurance for 12 months when I brought the car and then after about 5 months I had an MOT done and then got the free tax disk. 8 months later I parked the car in a field and when the insurance ran out I had a letter through to say it was listed as being not insured but I had tax. I was asked to return the tax disk. This I did and then heard nothing more from it untill this court letter arrived.

Im assuming that that law is the same and that once I put the tax disk in the post and declaired the car as SORN that I would not need to have proof of this? There for this letter is not valid in the same was as others in this post? I have checked and a SORN car does not need insurance so they are saying that they never recieved the tax disk back and the sorn form so they consider it taxed and on the road still..

Could anybody help me? I dont know if I should be filling out guilty or not guilty or trying to contact somebody to get them to realise they should not be taking it to court anyway.... Stressed out is not the word as I know how these things can drag on and end up costing me money I cant afford :-(

[bluebottle]

Re: dvla and meaning of requistion/summons

Firstly, you need to get a letter off to Simon Tse (pronounced "Chair"), CEO at DLVA and complain about the muppetry of his employees. You are correct that vehicles that have been SORNed do not require insurance so long as they are kept off the public highway. It sounds as if someone at DVLA has goofed big-time.

The address you need is -

Simon Tse
Chief Executive
DVLA
Longview Road
Swansea
SA6 7JL

If you have done everything that is required of you by law, make DVLA prove their case.