DVLA in the wrong

[Lula]

could you scan thr letters that they sent to you, first taking out personal details or other identifiers, and then we can see what they are trying to say

[hairdresser1]

darn technology..I couldnt copy and paste so the next best thing....!!!

'Enforcement Acton against Unlicensed Vehicles

Thank you for your email dated 14th October 2008, adressesd to the Customer Services Manager, Mrs ****. At the outset I should explain that it is not possible for Mrs **** to deal personally with all the correspondance addressed for her attention. As your concerns relate to enforcement action taken on your vehicle, your correspondance has been passed to me for reply as Wheelclamping Operations Manager.

If I may begin by explaining that your vehicle was impounded by our contractor NCP Services Ltd.

Before enforcement action is taken, a formal sighting has to be obtained of the vehicle on the public road. Section 1 (1) of the Vehicle Excise and registration Act (VERA) provides that 'a duty of excise shall be charged in respect of every mechanically propelled vehicle used or kept on any public road in Britain'. It is the responsibility of the contractor to determine the status of the land before enforcement action is taken.

When a vehicle is declared SORN the vehicle must be kept on private land. DVLA does ot provide advice about which areas are public which is private land. If the keeper does not own the land on which a vehicle is stored it is their responsibility to determine the exact staus and obtain permission from the land owner if necessary.

Once a vehicle is impounded, the Agency writes out to registered keepers, giving the oppurtunity to claim the vehicle, advising of the vehicles disposal if not claimed by the stipulated date.

In view of your claims regarding the status of the land, I have forwarded a copy of your complaint to the National Operations Manager NCP Services Ltd in order for further investigations to be made.

I hope this clarifies matters for you
Your sincerely

*********'

yeah, as clear as mud!!!!
All I did was send copy of sorn notice, copy of letter saying judgement against me was dropped and I asked if they would compensate me and settle finance of the car they took.....is this one of their ploys to confuse me???...cause it darn well has!!!

[MrShed]

I would suggest you write back.

Inform them that as a contractor, they will know that ultimately they are legally responsible for their actions, as the contract is legally acting on behalf of the DVLA. Failure to provide proof of said formal sighting proving unequivocally that your SORN car was, in fact, on a publically maintained highway, or FULL settlement in the amount of £xxxx(where £xxxx is the value of the car you destroyed unlawfully, and £xxxx my out of pocket expenses in pursuing this matter), within 7 days, will result in legal action being taken through the courts against yourselves for the full amount plus costs and punitive damages. In addition, you will report the DVLA to the police for criminal damage, and also consult with a solicitor regarding charges of theft.

then do it.

Did they in fact write to you giving opportunity to collect the vehicle?

I knew someone in a very similar position. She went home to France for a year to look after her mum and SORNED her car. Parked it on a parking bay of a friends (social housing association maintained) property and a DVLA camera van came along and clamped it. They came back for it took it saying it has been crushed - a 2 year old BMW convertible. She asked DVLA to pay £26,000 to buy a replacement but was fobbed off with excuses. She spoke to solicitor (on home insurance cover) who told her to buy a new car like for like and give the receipt. DVLA paid her costs, her new car, tank of petrol, interest (8% for one year) taxis and solicitors fees. There were complications, The DVLA ignored initial requests to pay for a new car and challenged litigation retrospectively and the order needed to be served on the DVLA's bank who paid on DVLA's behalf under 3rd party debt order. The car wasn’t crushed after all, it was auctioned and later recovered during a routine Police traffic stop and arrested the driver. She had completed the V5 as scrapped and caused it to show an error to an ANPR van. Police later confirmed the car was bought for £1,100 by someone employed as a bailiff.

Unless DVLA has an official complaints procedure then you need to file a claim under the Civil Procedure Rules and ask DVLA to pay you the replacement cost of your car, your costs and any finance charges.

[crem]

Originally Posted by BURP

Police later confirmed the car was bought for £1,100 by someone employed as a bailiff.

Why am I not shocked at that piece of your statement BURP.

She is in Toulouse and spoke to her today, she had more interesting information. I'll post later. About how to sue a government agency when the law says you cant. Her solicitor played a nifty trick and screwed DVLA well & truly.

More info. There are photos and I'll try and get these as well. The car was parked on a marked parking bay when it was lifted by DVLA. She left the UK with the car SORNed but DVLA said they car was parked on a public highway and they had crushed it. Her insurer couldn't help because the policy was suspended as Car Laid Up, she contacted house insurer who assigned Solicitors Irwin Mitchell who assigned a DVLA expert. They asked DVLA to pay £26K in 14 days and DVLA didn't comply. DVLA sent automaton demands to her home address for back taxes, then a fine for failure to display tax disc, and another fine for falsely declaring SORN. Solicitor filed proceedings and DVLA ignored them and got Judgement by default £31K approx inc costs. DVLA ignored that as well (aparently because we cannot sue a government department) and a 3rd party debt order was served on DVLA's bank who paid. Bank told DVLA of the Order and debit and to contact the creditor if they had any questions. DVLA then filed N244 to set aside the judgement but was dismissed because they admitted crushing the car and pejured themselves. (lying on oath saying the car was crushed before Police seized it in a traffic stop)

It turns out that

1.DVLA ignore court documents routinely because a law says nobody can sue a government department, so instead they serve papers on their bank instead – who has an obligation to comply.

2. You can serve on a PO Box address. You don't need a physical address because enforcement is served on the bank and not on a government agency.

3. DVLA admits to crushing the car – which means they have damaged the car beyond economical repair whilst in their possession. Owner completes V5 as scrapped.

4. DVLA only discover you win when they get a letter from their bank. It says they have had to comply with an Order and debit their account and contact the creditor if they have any questions.

5. The car wasn't crushed after all, it was given to a bailiff who was using it as his own personal transport.

6. The car couldn't be crushed anyway, it had a pressurised LPG fuel tank in the boot – and would have blown up most of the breakers yard with it. (this was how it came to my attention, I just switched to LPG)

7. DVLA will usually defend a case retrospectively.

8. DVLA said car was on a public road because the parking bay lines were faded and a few cms of a near side wheel were in contact with the public road, no photographs.

Result, a cheque for £31K and her old car back. DVLA says they will appeal and say both cars are overvalued by more than 200%. DVLA contends owner was negligent in paying a BMW dealer list price for a replacement car and did not make reasonable efforts to reduce the price.

A neighbour took photos of a DVLA (Ford Transit) van with cameras on each corner of its roof and an operative clamping the car, and a DVLA (NCP) truck lifting the car by its wheels using a lorry-mounted crane off a private parking bay. I'll try and get the pictures.

I have the solicitor's letter if anyone wants to see it. It's very succinct and to the point. Excellent piece of work.

[hairdresser1]

I still havent recieved a reply from NCP, I am right p***ed off..I think they think I'm just gonna let this go, but I darn well wont.What should I do now? Write to them again, or get back in touch with DVLA?

[postggj]

dvla know they are in deep do do over this. that is why no reply
they have had the 28 days to investigate your complaint.
if i were you, respond to dvla enclosing a copy of the last correspondence.
enclose a 14 day letter before action and state if they will not respond with a final decision a n1 claim will be issued without further notice

[postggj]

its dvla who are liable, not ncp

[Conniff]

AND if the car is still on the road after you have been told it was crushed, (which is probably what DVLA were told, though it should have been flagged on their computer), then it is theft and should be reported to the police.