dvla and meaning of requistion/summons

[Salmon Man]

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

I'd just like to add that many years ago I had two or three such small fines from the DVLA for irregularities in paperwork.

I ignored them all, and have never been pursued, and have changed licenses to LGV Cat C in between, so it's not like I have slipped under their radar.

[Engo]

Re: dvla and meaning of requistion/summons

Hello,
I had a Requisition from DVLA for similar matter... Im absolutely sh****ing mysel!!… it is for uninsured car that I did not have at the time. They said my name was on the recode but I had sold the car 6 months before!
I sent them (DVLA Enfacement) a letter via recorded delivery explaining but got no respond; when I called they said they had not processed the letter, I don’t think they have it.
My question is do I have to go all of the way to Swansea, I live in London, for the REQUISITION, or what happens if I don’t go? And if I pay would they refund me when they process the letter? I was told that by one of their adviser, then different thing by another one!
The court is tomorrow the 8^th, can any one help pls! thanks

[Blackstar]

Re: dvla and meaning of requistion/summons

Hi, hope all is well. I have also received requisition from the dvla claiming that I didn't insure a vehicle. at the time the vehicle had been surrendered to the finance company at the beginning of the year. so I cancelled the insurance and posted the V5 when the vehicle had been collected. would this template be ok to use? thanks Dan

[Blackstar]

Re: dvla and meaning of requistion/summons

Hi Engo, Ive just received the same letter from the DVLA, how did your case go? thanks Dan

[Blackstar]

Re: dvla and meaning of requistion/summons

Hi Miliitant, Sorry to bother you, but I just wondered if you could have a quick look at a letter ive drafted? I've borrowed most of it from letters posted on LB etc and just added a few bits extra. also, I was wondering if I should send them a fee schedule if they still require me to go to court. Thanks Dan The prosecution xxx
DVLA xxx
Swansea Enforcement Centre D12 xxx
DVLA Longview road,
Swansea,
SA99 1AH
16/07/13

REQUISITION TO ATTEND LEEDS MAGISTRATES COURT ON 31/07/2013
Vehicle registration xxxxxxx

Dear sir/madam

I am writing in regards to the requisition sent to me to attend Leeds magistrate’s court
on 31/07/2013 to answer charges in relation to an un-insured vehicle.
Due to the vehicle being a non starter with many other problems and not being able to get a valid MOT. I had notified the finance company by voluntary termination of the finance agreement in December 2012.
The V5 was returned by first class post notifying the DVLA the change of owner thus leaving me with no obligation to insure a vehicle I no longer had any financial interest in, and no longer owned by me.
I would also like to point out that this is the first time I have been notified from the DVLA by way of a Requisition order rather than any other correspondence about the matter. If I would have received any correspondence from the DVLA, I would have dealt with the matter swiftly.
Could you also confirm that the vehicle registered xxxxxX is no longer in my name?, as you can imagine, it is very worrying to think that someone else could be driving a car in my name un be known to me.
If you check your records, I have had another vehicle which had been taxed, tested and insured. That vehicle has now been sold, and the V5 returned to the DVLA with no problems as far as I know. As it was sold to a friend and they have since informed me they had received the new documentation.
For the record, I would also like to inform you that I have not received any notification from the DVLA in regards to the recent change of owner / registered keeper on the recently sold vehicle (either not sent or lost possibly!?).
I will be pleading NOT GUILTY on all charges as I consider I have no charges to answer and
I am now informing DVLA that I did surrender the vehicle V5document to DVLA as required by law and my responsibility ended as soon as I relinquished control of delivery to the royal mail.
May I remind you on Section 07 of the Interpretations Act 1978.
7. Where an Act authorises or requires any document to be service by post. served by post (whether the expression "serve" or the expression " give " or " send " or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.

This means that by correctly addressing an envelope, affixing a stamp to cover the necessary charge (as is required), and by placing the item in a Royal Mail Mailbox, I have fulfilled my responsibility to notify DVLA AS REQUIRED BY STATUTE LEGISLATION.
Also, I have no responsibility for any correspondence to reach me from the DVLA or any other corporation, I would like to bring your attention to DVLA vs. Peck.
Mr Peck (Claim 9BR0829 at Horsham county court. The Judge found in Mr Pecks favour stating the DVLA has no statutory power requiring anyone to contact them should they not receive an acknowledgment letter.
I would recommend using recorded post for such important documents, as I will be using this service for any future important documents I may need to post.
Other than the royal mail, how I am able to deliver the V5 document to DVLA? The DVLA even put their address and postcode on their documents so I must take it that this is the normal method for exchange of correspondence.


Can you please advise me under what Statute Legislation I am lawfully obliged to contact the DVLA if I do not receive any correspondence from the DVLA?

The question of the legislation on contacting the 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 the 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 DVLA vs. Paul Kennedy case.

MR Kennedy claimed he was wrongfully convicted of a similar offence I 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 am aware that the trial was for allegedly not notifying the DVLA for transfer of ownership and as for my self, I state again that the relevant documentation was sent via the Royal mail leaving me with no obligations to that vehicle.

I can assure the DVLA that if I am summoned before the magistrates and convicted, I will be seeking leave to appeal to the crown court as it is my understanding that the judge would have a better knowledge of statute legislation.

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




Yours sincerely

[bluebottle]

Re: dvla and meaning of requistion/summons

Another thing... DVLA have a nasty - and illegal - practice of requesting details of your defence. They have NO power or right, legal or otherwise, to have details of your defence in any case going before a Magistrates Court or any other criminal court. Where they have attempted to obtain details of defendants' defences and the defendants have refused to accede, DVLA have either dropped the case a few days before the court hearing date or had such cases dismissed by the courts.

[Blackstar]

Re: dvla and meaning of requistion/summons

Thanks bluebottle, do you think I should add a fee schedule in the letter?

[bluebottle]

Re: dvla and meaning of requistion/summons

Thanks bluebottle, do you think I should add a fee schedule in the letter?

No. See what act of stupidity DVLA will engage in next. If they drop the case a few days before a hearing, you would only be able to recover any postal expenses at most. If they are stupid enough to go to court and lose, then you can claim loss of earnings, travel costs and other expenses you have incurred as a result of their stupidity. As this is a Magistrates Court case, do not attach any fee schedule to any letter which is likely to be used as evidence. It will not go down well with a District or Deputy District Judge. A Justice of the Peace is unlikely to know what it is. All the court will be interested in are facts.

You will be given the opportunity to seek costs from DVLA if they lose. Take your cue from the Bench and have the details already printed on white A4 paper, itemised, and with sufficient copies for the Judge or each JP to read. Make sure you have evidence of what you are seeking by way of costs available with you and attach photocopies to the costs listing.

[charitynjw]

Re: dvla and meaning of requistion/summons

No. See what act of stupidity DVLA will engage in next. If they drop the case a few days before a hearing, you would only be able to recover any postal expenses at most. If they are stupid enough to go to court and lose, then you can claim loss of earnings, travel costs and other expenses you have incurred as a result of their stupidity. As this is a Magistrates Court case, do not attach any fee schedule to any letter which is likely to be used as evidence. It will not go down well with a District or Deputy District Judge. A Justice of the Peace is unlikely to know what it is. All the court will be interested in are facts.

You will be given the opportunity to seek costs from DVLA if they lose. Take your cue from the Bench and have the details already printed on white A4 paper, itemised, and with sufficient copies for the Judge or each JP to read. Make sure you have evidence of what you are seeking by way of costs available with you and attach photocopies to the costs listing.

I think the going rate for LIP's is £18/hr.
But be reasonable - you can be challenged on costs.

[bluebottle]

Re: dvla and meaning of requistion/summons

I think the going rate for LIP's is £18/hr.
But be reasonable - you can be challenged on costs.

I don't know whether LIP costs can be claimed in a criminal court. LIP is more to do with the civil courts. In a criminal court, the person bringing the case is the Complainant and is making a complaint to the court that the Defendant has committed a criminal act. The OP would need to check with HMCTS as to whether the same costs that apply in civil cases also apply in criminal cases. Failing that, it is cost and expense incurred.

[Blackstar]

Re: dvla and meaning of requistion/summons

Thanks for the help, i'll let you know what happens

[Blackstar]

Re: dvla and meaning of requistion/summons

Hi Guys, Just wanted to say thanks for your help.. and just to let you know.. DVLA dropped the case before we even went in! If anyone else is in a similar situation with DVLA.. the prosecutor basically told me they had no way of proving I didn't send the V5 etc, also... there were about 6-7 people in front of me... all got dropped before they went in also... so don't worry peoples!

[bluebottle]

Re: dvla and meaning of requistion/summons

Hi Guys, Just wanted to say thanks for your help.. and just to let you know.. DVLA dropped the case before we even went in! If anyone else is in a similar situation with DVLA.. the prosecutor basically told me they had no way of proving I didn't send the V5 etc, also... there were about 6-7 people in front of me... all got dropped before they went in also... so don't worry peoples!

I hope you had a third party present when the DVLA prosecutor uttered those damning words that they couldn't prove you and six or seven other people hadn't sent V5s, etc., to DVLA. Did the prosecutor try to obtain details of your defence? Usually, when you refuse, they will, invariably, back down. Goodness knows how many perverse convictions DVLA have obtained.

[Blackstar]

Re: dvla and meaning of requistion/summons

Unfortunately no-one else was there as he asked me to go in one of the DS rooms... but there was a guy there who told the prosecutor he was pleading guilty.. until I told him not to and why... hopefully his case got dropped too! As for my defence, he didn't ask.. all he asked was, have still got the car "no" and did I send v5 off "yes". tbh, I don't think he asked anyone for their defence as all the other people he saw before me, he spoke to them in the hall. he seemed sort of relieved to tick me off the list and the others. I pulled him on the way out and asked why are we all even here, as I know what was going to happen!.. that's when he mentioned how brilliant the DVLA is!! again, thanks for your help.. got other issues to sort out now, so will be most likely posting something on LB again for more help

[bluebottle]

Re: dvla and meaning of requistion/summons

Unfortunately no-one else was there as he asked me to go in one of the DS rooms... but there was a guy there who told the prosecutor he was pleading guilty.. until I told him not to and why... hopefully his case got dropped too! As for my defence, he didn't ask.. all he asked was, have still got the car "no" and did I send v5 off "yes". tbh, I don't think he asked anyone for their defence as all the other people he saw before me, he spoke to them in the hall. he seemed sort of relieved to tick me off the list and the others. I pulled him on the way out and asked why are we all even here, as I know what was going to happen!.. that's when he mentioned how brilliant the DVLA is!! again, thanks for your help.. got other issues to sort out now, so will be most likely posting something on LB again for more help

Was he being sarcastic or simply taking the p*ss? DVLA know very well these proceedings are both perverse and, potentially, illegal. I would never be surprised to hear DVLA had had a visit from the SFO or Serious Crimes Directorate at NSY.