DVLA wrongly fining me out of court settlement

[ibzyuk]

Hi everyone,

I just joined this forum , so big hello first

Now with the annoying DVLA who want me to pay an out of court settlement of £90. I have been accused of that my car was reported to be parked on a public road while being on SORN on the 23/07/2008 at 10:44hrs. Also they say the car was clamped and when the clamping team came back the clamp and the car was gone?? Finally they also have photographic evidence.

I don't understand none of their accusation as my car has not moved for the last few months, it is parked in a private parking area not far from the road they are allegedly saying the car was seen. The worst part of this I was away on holiday when car was seen on public road and I had the car keys with me!! When I came back from holiday the car was where I left it no clamp and no movement.

I have sent two letters now appealing , sending them photo where my car was parked, flight itinerary of my holiday and have requested to see the photographic evidence.

The last letter I have received from the DVLA was to call the office to request to view the photo. I called them and they say they are not allowed to send out the photo and I will have to drive up to Sidcup to see the photo which is over an hour away from where I live and I would have to take at lest half a day of work to do this.

I have thought of the possibilities of how I could get such a fine :

• <LI goog_docs_charIndex="1481 ">If some one stole my car, got it clamped then removed the clamp and returned it back where it was. Which I would say is very unlikely.
  <LI goog_docs_charIndex="1623 ">Or some one copied my number plate and this is not my car.
• Or the wheel clamping team are making a false report, how does someone remove a wheel clamp.

Would really appreciate some advice on what to do next , should I just wait until they ask me to go to court or is there anyone I could speak to in the DVLA apart from the payment line. Or should I write to them another letter.

Sorry for the long message, thanks in advance ,

Ibrahim

[patdavies]

I would write back and make it absolutely clear that you do not wish to settle on their terms, you are convinced of the fatuousness of their claim and look forward to vigorously defending yourself in the criminal court when they take it forward.


IOW, they have to put up or shut up.

When you plead not guilty, they are obliged in law to release to you all the evidence on which they intend to rely on to prosecute the offence.

[Lula]

Absolutely, tell them that you look forward to seeing them in court, obviously you will be entitled to see what evidence they have against you prior to the court date, keep all correspondence and just sit tight

[buzby]

The last time I heard of something similar to this was when they mistook a 6 for an 8. As the car was supplied by the local garage, BOTH owners had the same make and model and they were first registered on the same day. It was the motorist who hadn't removed the clamp got threatened with the fine! (It was later cancelled!).

[ibzyuk]

Thanks guys for the advice. I was wondering can I request to have the photo sent to me, using the dvla Freedom of Information Act request form.

[seftonview]

Originally Posted by ibzyuk

Thanks guys for the advice. I was wondering can I request to have the photo sent to me, using the dvla Freedom of Information Act request form.

A photograph of a number plate would fall outside of the remit of the Freedom of Information Act Act. You would need to make a subject access request.

[The tall one]

Hi All

I have had 4 cars parked outside my house clamped by DVLA for not being taxed and parked on the road even if it was only just. The problem as I see it is the road is my land. M

[The tall one]

Sorry dident meen to post the last one just then.

Any way the raoad is my land I maintain it my deeds say it is mine. But DVLA say I must prove to them in black and white that it belongs to me and ont the council and it is up to me to prove my self right and not them to prove me wrong. Funny I always thourght this country was inocent untill proved guilty.

[patdavies]

Originally Posted by The tall one

Sorry dident meen to post the last one just then.

Any way the raoad is my land I maintain it my deeds say it is mine. But DVLA say I must prove to them in black and white that it belongs to me and ont the council and it is up to me to prove my self right and not them to prove me wrong. Funny I always thourght this country was inocent untill proved guilty.

Tell them to take you to Court. The burden is then wholly on them to prove that they are right.

Once again, I re-iterate. Who owns the land is irrelevant. All that matters is who pays for its maintenance.

[crem]

Originally Posted by The tall one

Any way the road is my land I maintain it my deeds say it is mine.

Originally Posted by patdavies

Once again, I re-iterate. Who owns the land is irrelevant. All that matters is who pays for its maintenance.

It would seem The tall one is very clear on that point too pat, so it should be a fairly short court appearance.

[k67]

Firstly, hello! I am new to this forum and this is my first post!!

Secondly, I have read your original post with great interest as the exact same thing is happening to me! I have refused to pay the fines as my car is declared off of the road, on private land and has not worked for over a year!

I have got everyone from the local citizens advice to the local mp involved, all requesting that the case be dropped but am now due in court tomorrow!!

I would be very grateful if you could let me know how your case is going or if you have any advice on what to do and likewise please feel free to ask any questions and I will try to help you out!

It's probably a long shot but does this fine come from the Mitcham DVLA depot?

Thanks