DVLA in the wrong

[hairdresser1]

Hi all,
I bought my car on finance in 2005. Unfortunatly it broke down so I put a SORN noytce on it and it was parked in a car park owned by my local housing trust. The car was taken away and crushed January this year. DVLA took me to court for' parking an unlicensed vehicle on a public road'. I have been fighting them all the way repeating it was SORN and that the car park was not a public road. The day before I was due to go to court to set a trial date, I had a call from DVLA telling me the summons was to be withdrwan and no further charges pursued. Yay!. What I need to know is, can I claim back the money we had spent on the car as they were wrong to take it, and by withdrawing the summons they are admitting this. Any advice grately appreciated. Also I was out of my mind with worry that I would have a hefty fine to pay, can I claim compensation from the DVLA? I suffer with depression and this really didnt help.
Thanks

[WOOD73]

did they admit they were in the wrong? I think you would have trouble even getting a response from them through the complaints dept judging by the trouble i'm having. if they have admitted they were wrong then any out of pocket expenses including the value of the car in its pre crushed state should be payable.

[seftonview]

I'd say it comes down to two things:-

1. Can you prove you declared the vehicle SORN? Do you have proof of posting etc?

2. Can you prove that the location from which the vehicle was recovered was not a public road? You'd need to investigate ownership of the land and whether it was subject to 'adoption'

If you can prove both, you have an extremely strong case.

If you can't prove both, it doesn't look too good.

[postggj]

i take it you got no confirmation from dvla after you did the sorn

[patdavies]

Originally Posted by seftonview

2. Can you prove that the location from which the vehicle was recovered was not a public road? You'd need to investigate ownership of the land and whether it was subject to 'adoption'

No, for SORN/VED, the Vehicle Excise and Registration Act clearly defines a public highway as a road maintained at public expense. All that is needed is a letter from the Highway Authority to the effect that they do not maintain the road.

Ownership of the highway is irrelevant; what matters is maintenance.

[hairdresser1]

I have proof of sorn, as in receipt form and the local housing trust have confirmed they maintain the car park. The car park is maintained by the housing trust not the highways department, there for not at public expense.
I guess its not so much claiming back from the DVLA, but the people who took it.

[Rob S]

I recall a similar thread about a guy who had an Audi taken and crushed in similar circumstances. Let me see if I can find it.

[Rob S]

NCP Car Parks clamped, removed & destroyed my car without my knowledge from private..

This is the one.

[postggj]

if you have confirmation receipt of the vehicle being sorn, dvla are in big trouble, even if it was contractors who removed your car. they would have to act on instructions from dvla.

from what you say, it appears you have a cast iron claim against dvla for replacment of vehicle.

send dvla a copy of the receipt showing sorn, get a value of your vehicle, and ask them to compensate you, with a little bit thrown in for distress etc.
send by recorded delievery and give a time frame.
say if you get no reply in fourteen days a county court n1 claim will be issued

	County Court guidebook by Judge Patricia Pearl Follow this link to read the review of this excellent Small Claims Guidebook. This comprehensive and very accessible guide will take you through the process of suing or defending a claim. This guide will help you take control of your litigation and make you more confident about doing it yourself. Applies to England and Wales

[hairdresser1]

Thanks for the clear reply...
Do you think I should seek legal advice before proceeding iwth this course of action?

[postggj]

no need at the moment
just send them your letter of complaint and point out the error of there ways
include in your letter the current retail cost to replace the car
also tell them there agents were acting under your authority, so dvla are liable for there actions
again say you require a reply with in 14 days or you will be issuing a claim in the small claims court

they would take legal action against you at the drop of a hat
do the same

[hairdresser1]

Thanks postggj, your a star

[hairdresser1]

Letter was sent yesterday with copy of proof of sorn and copy of letter saying summons withdrawn. We shall see what happens...I'll keep you posted

[hairdresser1]

Well, we've had no reply so now I guess I'm gonna have to issue an n1 court claim...anyone have any info how how to word this?

[postggj]

i take it you sent the letter recorded delievery
if i were you, send another letter before action,
this time, tell them you have had no reply to your first letter,
enclose a copy of it, then say you will give a further seven days to comply from date of receipt

looks better in court that way

if again no reply, an n1 claim will be drafted for you

	Small Claims kit by Lawpack Sue your bank as many times as you like with just one Small Claims kit by Lawpack. Follow this link to read the review. The kit contains everything you need: instruction manual, templates, examples, forms and a comprehensive CDRom. Applies to England and Wales

[hairdresser1]

Hi,
well, its been more than 7 days since I sent the second letter and still no reply...help!! What do I do now??

[seftonview]

You shall need to issue court proceedings.

Bear in mind that when you issue your claim you need to comply with the Crown Proceedings Act 1947 in relation to the way in which your claim is served.

[hairdresser1]

Well, I finally got a reply, and the DVLA are, of course, trying to wriggle out of it by throwing a load of technical jargon at me...I am going to court!!! help, where do I start??
All help greatly appreciated.....

[MrShed]

I would advise you post up the letter here(personal details removed) so we can see their response.

What is the value of the car?

[Monty2007]

You have verification that the car was in a private car park and not on a public road. The DVLA have essentially taken the vehicle and destroyed it and as such you have a clear case against them and you should firstly report them for theft to the Police (criminal act) and issue proceedings to recover the value of the car through a civil action.

I would be surprised given what you state that they would want this to progress too far.