Thread: DVLA - Destruction of Evidence ?

Some time ago I purchased a vehicle which was advertised with 11 months road tax, however it transpired that the tax disc had been purchased by the previous owner and the cheque had been dishonoured, rendering the disc void.

The vehicle was spotted on the road and clamped, this happened on a Saturday morning and the ever efficient DVLA cockroaches lifted it and transported it to the impound yard at 07:00 on the Monday, which allowed me no time to remove personal effects. (the car was parked outside my brother in laws)

Anyway, a summons followed and I appeared in Court, pleading Not Guilty on the grounds that I had paid for the tax within the purchase price. I was advised by the Clerk of the court that I was indeed offering mitigation which would be considered.

Undetered, and against all advice offered, I insisted that I was not guilty and a date for trial was set, with a case management meeting (CMM) organised 5 days before trial. At the CMM I reiterated my Not Guilty plea and confirmed attendance of the witnesses who provided statements which would form the basis of the DVLA's case.

Two days after the CMM I received a letter from the DVLA stating that they were not proceeding as the witnesses would not or could not attend.

As I had involved my local MP and Lord Davies of Oldham, an agreement had been made that the car would not be disposed of until the matter was resolved through the courts ..................... Yet the DVLA crushed my car the day before the CMM.

I have wrote to the DVLA seeking compensation and suggested that their actions were outside of the arrangements agreed as well as suggesting that they had destroyed crucial evidence prior to a trial.

I know many will suggest that I have no chance, (and I would respect those opinions as the DVLA make the rules up as they go along) however I feel as though I have achieved more than many would have expected and, because of their failure to respond to my letter of complaint and claim, that I have them on the ropes.

Do they have the right to crush a car when the case has not been decided by the magistrates?

Do I have the right to compensation because of their actions?

What else can I do, with regard the destroying of evidence, and what are their legal responsibilities?


Any answers will be a great help.

Thanks in advance.

I'm amazed at this! I'm no expert and really don't have a clue! But surely they shouldn't have been able to crush the car if it was in dispute?

Also would you not be able to take action against the seller, fraud by deception or some fancy term? I would consider taking that up with the police which may re-inforce your case. Although, as I said, I know nada! lol.

Really hope you get this sorted though- sounds completely unfair to me!

Was the car on private land? Did the DVLA give you a date on which the car would be crushed/disposed of?

It is unfair Guv .................. and I will fight on.

I approached the seller, and he called the Police claiming I was threatening him, fortunately I had advised the Police why I was attending his premises in advance and they took no action. Also he had been procecuted by the DVLA for the full value of the dishonoured cheque and found guilty in his absense.

The car was on the Public Highway when it was clamped, but they didn't advise me they were going to crush the car before they actually crushed it, although they had notified me of their intention to dispose of the car previously which was placed on hold by my MP until the matter was settled, my MP is not interested in helping now, he claims I should be happy at not being prosecuted??????????????? ???

Its been nearly 30 days since my last written correspondance to them and nearly 60 days since their last response.

They are a disgrace and should be regulated by a independant Ombudsman.

Thanks for the encouragement.