Court summons for fradulent DVLA claim! any help appreciated!!

[k67]

I hope that somebody can help! I am desperate for advice on this!

In August I caught a DVLA enforment agent taking photos of my car (declared sorn, parked off road and not actually working for over a year!) in the car park where it has been for over a year. When approached he bumbled out something about new government laws declaring that no vehicle that was untaxed could be kept on private land (!) said there was nothing to worry about and drove off!

In Sept I received a letter asking for £305 out of court settlement as my car had been parked on a public road with no valid tax. After arguing this I was told that they had photographic evidence. When I was shown this "evidence" it was pictures of my car, parked where it is, outside my flat, on private land! The guy had put a clamp on it and taken photos of this shortly before I approached him!!!

His story is that he clamped the vehicle on a public road and then when he returned the next day to tow it away both the car and clamp had vanished!!

I have repeatedly refused to pay the fines and am now being taken to court - tomorrow! I have gotten everyone from the Citizens advice to the local MP involved in getting this dropped but to no avail and have to go to court tomorrow afternoon to fight it!

Any advice will be grately apprieciated!!

Thanks!

[Conniff]

Are there witnesses from your neighbours who can see the car and can swear that the car has been on private land for the claimed year?

If so you will have to ask the judge to put your hearing back so you can get 'sworn' witness statements from these people to back up you case.

[Warren1]

surely the photographic evidence showing the car on private land will mean you win no problem????

Obviously i hope you have checked to be certain that the land your car is parked on IS private. Theres a few other threads with similar situations in carparks which might have the exact info/wording.

[k67]

Thanks for reply!

Car is definitely parked on private land! The photos that he took were produced as evidence by the Sidcup office and I showed them a photo on my phone that I had taken that morning and you could clearly see that the photos were taken in the same place! They then said that photos taken on a digital camera etc cannot be used as evidence as they can be doctored very easily and they have not included their photos in thier evidence sent with the summons.

I do have statements from 2 neighbours confirming that the car does not/has not moved and one of these neighbours saw the DVLA guy in the car park taking some photos though didn't see him use the clamp as he had parked his van across the front of my car, probably to hide this fact!

Am quite worried about going to court especially as it seems to be a case of his word against mine!

[Conniff]

Don't be worried k67. This is not in a big court with a jury and legal people spouting such things as 'my learned friend' etc; like you see on the telly.

Judges are not silly so mention that you have pics on your phone and if the judge wishes to see them he will ask you to show him.

There will be a duty solicitor there if you need any help, he is paid by the court so won't cost you anything, so get there early and check it out.

And don't be afraid to use the word 'lies' in respect of the ticket man. Just tell it like it is.

[k67]

Thanks!

Am taking print outs of the photos of the car that I have along with witness statements and letters from the Citizens Advice Bureau & my MP (Anything to help!)

I know that I shouldn't be worried as I have done nothing wrong at all yet here I am being taken to court!

Hopefully it will be resolved tomorrow and I will post the outcome on here

Thanks again for your help!

[Conniff]

Good luck to you k67 and yes please come back with the result.

[k67]

Well, I have appeared in court and I have to go back in January for a proper hearing!

I spoke to the duty solicitor when I arrived and told him that I had lots of evidence; photos, statements etc to prove that the enforcement agent was lying and that I was planning to show my evidence today. He said that I shouldn't do this as that is exactly what the DVLA want, he said "the DVLA are meant to let you know every bit of evidence that they have but they rarely do, they always like to keep a few tricks up they're sleeves so that they can surprise you in a hearing, keep everything that you have very close to your chest".

He then said that he would go and see if he could find out anything from the prosecutor. When he came back he said that the DVLA prosecutor was very surprised that I had turned up! Did they think that I would just pay fines for an offence that the enforcement agent has dreamt up??

I went into court, plead not guilty and when asked what my issue was I told them that it was a falsification, that the claim was fradulent. I was asked if I could back this up and said that I had evidence to support this however I wanted to sow this at a hearing when all parties were present, including they're enforcement agent. They replied that they would "just add that to the costs" and I was given another date to return and sent on my way!

I am furious that I have been looked upon and treated like a criminal! I have never meant such a bunch of unfriendly, intimidating people! I naively thought that you were presumed innocent until found giulty but that is not the case at all!!

To make this worse, the duty solicitor told me that in his opinion the DVLA were nothing but a money making scheme for the government, that he sees so many people coming through the court where it is obvious that they have done nothing wrong and the DVLA are just blatently trying to pull a fast one!!

I am going to go back to my MP and will also be writing to newspapers and watchdog about this!!

If anyone else out there wants to do the same maybe (probaby being naive again!) we can actually get somewhere!!!

[flyingdoc]

you might possibly have a case for malicious prosecution here I would take advice from the CAB or find a solicitor ( a good one not a shyster) most will be willing to give you a 1/2 consultation free of charge and may well take the case on a no win no fee basis

[k67]

Do you think that I really could have a cse for this?

Do I have to wait until it's all over first?

I Know the local CAB woman quite well now and will seek her advice however I think that she is just a general adviser and don't think that she speacialises in legal issues! I'm quite stuck for free legal advice, I have tried most places that I could think of already!

I can't afford a solicitor and do not qualify for legal aid as apparently this comes under the "parking offence" catagory and isn't considered serious!

[flyingdoc]

I have a number of contacts who are solicitors - I will ask opinion and let you know.

[k67]

That would be great thanks!!

[Conniff]

Well done K. Now that you have been once it won't be so intimidating the next time.

Of course the duty solicitor is correct, we have all known this since the continuous rip-off was introduced and they became just the latest in the governments stealth taxes.

Did the duty solicitor give you a business card? The way he has the DVLA weighed up it would make sense to take advice from him if it comes to the need of a solicitor after you have shown the DVLA up for what they really are.

[k67]

I was so nervous that I forgot to get his contact details and when I came out he had gone! I will try contacting the court to see if they can give me his details

[k67]

Just a quick update!

I had still heard nothing from either the MP regarding the letter that she sent on my behalf to the DVLA chief executive or the chief executive himself and so I chased her up on Monday.

I sent an e-mail to her mentioning this website and the many many people that are having continuous problems with the DVLA and being wrongly taken to court etc. I also explained what the duty solicitor at the court had told me regarding the DVLA being a money making scheme and that he wouldn't be surprised if the top boss was connected to the criminal underworld.

I recieved a letter from her this morning with a copy of another letter that she has sent to the Chief executive, along with my e-mail, asking him for a reply to her letters and also an explanation regarding the comments that I have made!

I will update this if I get a reply but judging the amount of letters that the DVLA "do not recieve" I will not be surprised if we do not get a reply!!

[crem]

Originally Posted by k67

I will update this if I get a reply but judging the amount of letters that the DVLA "do not recieve" I will not be surprised if we do not get a reply!!

Now now, that's a bit unfair. Surely you realise the DVLA only lose letters that can subsequently allow them to send a fine out. They have no need to not receive other types of mail that they cannot make financial gain from.

[k67]

You are right indeed. I will wait patiently!

[Conniff]

If this gets back in court, I wouldn't be surprised if DVLA do not show. You might find that they decide to drop it before it gets back, that is the type of people they are, they don't want bad publicity.

Are your papers etc; ready for your appearance? Have you been notified of the exact date? Do you have any legal representation?

[pleasuredome]

thats quite suprising the way the dvla are acting in order to screw out every penny they can from joe public.

if they made you an offer to settle out of court, then it makes me think they are not happy to go into court.

is it possible that you can scan the notice they sent you demanding payment and post it on here?

i wish i had come on this DB sooner. i may have been able to help you discharge their notice. its very important to enter into negotiation with the other party before they take you to court.

please keep us informed of your progress

[k67]

Update again!

I received a letter yesterday from the prosectutor at the DVLA informing me that "in view of further information received it is the Agency's intention to offer no evidence against me" and so on! I could not believe this and so rang and spoke to her for confirmation and, yes, it is true, the case against me has been dropped and it is all over!!!!!

The prosecutor was a very nice lady by the name of Natalie Bushell and when I questioned her about the whole thing she told me that whether it was a fradulent claim, on behalf of the car pound, or not the DVLA had received a report of an offence and had followed proceedure accordingly. However it has come to light that "an error" was made by the actual car pound/enforcement agent and so the case has been dropped.

She couldn't detail what this "error" was but when I told her that it was infact the enforcement agent blatently trying to pull a fast one and that the car has not moved for well over a year and cannot move as it is broken she told me that she was not at all surprised by this!!!!!!!!!!

So there you have it - the prosecutors at the DVLA are, it seems, well aware of what the enforcement agents are up to!!!

Am very relieved that it is all over, with regards to them taking me to court however I am now very interested in what my local MP (who has been a great help so far and I recommend that everyone having trouble with the DVLA to get them on board!) intends to do about DVLA agents making fradulent allegations in her area!

It amazes me that the DVLA try it on like this and I wonder how many people may have paid up purely because the threat of court has scared them into doing so!!

I will keep you posted!!