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    • Hi 1 Date of the infringement  arr 28/03/24 21:00, dep 29/03/24 01.27 2 Date on the NTK  08/04/2024 (Date of Issue) 3 Date received Monday 15/04/24 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012?  Yes 5 Is there any photographic evidence of the event? Yes 6 Have you appealed? [Y/N?] post up your appeal] No  7 Who is the parking company? GroupNexus 8. Where exactly [carpark name and town] Petrol Station Roadchef Tibshelf South DE55 5T 'operating in accordance with the BPA's Code of Practice' I received a Parking Charge letter to keeper on Monday 15/04/24, the 17th day after the alleged incident. My understanding is that this is outside the window for notifying. The issue date was 08/04/2024 which should have been in good time for it to have arrived within the notice period but in fact it actually arrived at lunchtime on the 15th. Do I have to prove when it arrived  (and if so how can I do that?) or is the onus on them to prove it was delivered in time? All I can find is that delivery is assumed to be on the second working day after issue which would have been Weds 10//04/24 but it was actually delivered 5 days later than that (thank you Royal Mail!). My husband was present when it arrived - is a family member witness considered sufficient proof?
    • lookinforinfo - many thanks for your reply. It would be very interesting to get the letter of discontinuance. The court receptionist said that the county court was in Gloucester 'today' so that makes me think that some days it is in Gloucester and some days its in Cheltenham, it was maybe changed by the courts and i was never informed, who knows if DCBL were or not. My costs were a gallon of petrol and £3.40 for parking. I certainly don't want to end up in court again that's for sure but never say never lol. Its utterly disgusting the way these crooks can legally treat motorists but that's the uk for you. I'm originally from Scotland so it's good that they are not enforceable there but they certainly still try to get money out of you. I have to admit i have lost count of the pcn's i have received in the last 2 yr and 4 months since coming to England for work, most of them stop bothering you on their own eventually, it was just this one that they took it all the way. Like i mentioned in my WS the the likes of Aldi and other companies can get them cancelled but Mcdonalds refused to help me despite me being a very good customer.   brassednecked - many thanks   honeybee - many thanks   nicky boy - many thanks    
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Any suggestions on this case with dvla?


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In my letter of complaint because I did not find out I was revoked untill my insurance company told me months after in mid January I found out they had sent to the wrong address,

 

I noted how serious it could of been as my license was revoked September 2017 if I was involved in a accident that caused death *SAY* in late September I could of been serving a manslaughter prison sentence with no evidence to why I was driving on a revoked license

 

I would not of been able to say in court *DVLA* sent it to a unknown address because I only found out by an attachement letter in the statements of DVLA sent to me mid january is all i can say people is rely on your insurance company not DVLA

Edited by dx100uk
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That would be 100% correct, it was registered to my mums address where she currently still lives

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Gi

I don't think you have a complaint against DVLA for non receipt of letterd.

From OP -

A letter was sent to DVLA to try get unclaimed tax fine squashed.

 

DVLA sent 3 letters to an address I've never been known at and my license was never registered at that address.

 

No response means my license was revoked.

 

I assume they used the A letter was sent to DVLA to try get unclaimed tax fine squashed.

 

DVLA sent 3 letters to an address I've never been known at and my license was never registered at that address.

 

No response means my license was revoked.

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That would be 100% correct, it was registered to my mums address where she currently still lives

 

so it was registered to your mums address? who registered it there?

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According to the OP's original post "A letter was sent to DVLA to try get unclaimed tax fine squashed. DVLA sent 3 letters to an address I've never been known at and my license was never registered at that address."

 

Thats why I asked the question

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  • 2 weeks later...

I use to live at my mum's address yes, it is also registered there because it is where several of my cars are kept.

 

On the other question as I stated I cancelled the court case I cannot be bothered with the hassle,

 

DVLA are now saying my license can be reinstated in August but

 

My illicit use ended June 2017

 

I was prescribed diazepam untill August 2017

 

From reading I believe DVLA cannot revoke my license for prescribed medication

 

So I believe Evan the I was prescribed diazepam after my illicit use ending in June my license should actually be reinstated June 2018?

 

That would be correct?

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It hasn't worked out like that they have revoked my license from 1st August when I last tool a prescribed pill

 

My illicit use ended June they should of started the 12 months from when my illicit use stopped

Edited by dx100uk
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My illicit use ended June they should of started the 12 months from when my illicit use stopped

 

But they didn't.

 

You could write to the DVLA to point out their mistake, or you could treat this as a valuable lesson as to why you should never take prescription only medications that have not been prescribed to you and just take it on the chin (until August).

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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It hasn't worked out like that they have revoked my license from 1st August when I last tool a prescribed pill

 

My illicit use ended June they should of started the 12 months from when my illicit use stopped

 

Says September here...

 

In my letter of complaint because I did not find out I was revoked untill my insurance company told me months after in mid January I found out they had sent to the wrong address, I noted how serious it could of been as my license was revoked September 2017 if I was involved in a accident that caused death *SAY* in late September I could of been serving a manslaughter prison sentence with no evidence to why I was driving on a revoked license I would not of been able to say in court *DVLA* sent it to a unknown address because I only found out by an attachement letter in the statements of DVLA sent to me mid january is all i can say people is rely on your insurance company not DVLA

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They originally revoked my license for non-compliance because they failed to sent paperwork to my address in August and September they didn't actually find out I had use illicit untill around 27th November when my doctor filled in there questionnaire,

 

They have revoked my license untill August because I I use illicit in June and was prescribed diazepam till 1st August

 

They are revoking my license till then based on my illicit use in June and because I prescribed diazepam until August they seem to think I had a dependence untill then my argument is it was if any a clinical dependence and I believe DVLA cannot revoke a license because of a clinical dependence

Edited by dx100uk
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threads merged

please keep to one thread

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Why are DVLA GUIDELINES based on a on a subject and not the individual ?

 

Say what?

What do you think the role of guidelines are?

By definition, they are written to apply to set out things by groups, and then be applied to individual situations.

 

So, taking the Sentencing Council guidelines, NICE guidelines on treatment, (what was ACPO’s) guidelines in enforcement of speed offences, and DVLA’s guidelines : are you saying that it should be a “free for all” for each individual case?

Or that there should be guidelines that set out some basic framework? That give people an idea of what to expect?

That give a “probable outcome, but since it is only a guideline, there is some flexibility / discretion”?

 

I suspect your “beef”’is that you feel you warrant some ‘flexibility / discretion” and DVLA don’t agree. That doesn’t mean:

a) There shouldn’t be a guideline, nor

b) The guideline is wrong, nor

c) you could persuade a Magistrates Court that DVLA’s decision was wrong.

 

This was the risk you took when you took a Controlled Drug without a prescription, and if you keep blaming DVLA for that you are missing the point.

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Say what?

What do you think the role of guidelines are?

By definition, they are written to apply to set out things by groups, and then be applied to individual situations.

 

So, taking the Sentencing Council guidelines, NICE guidelines on treatment, (what was ACPO’s) guidelines in enforcement of speed offences, and DVLA’s guidelines : are you saying that it should be a “free for all” for each individual case?

Or that there should be guidelines that set out some basic framework? That give people an idea of what to expect?

That give a “probable outcome, but since it is only a guideline, there is some flexibility / discretion”?

 

I suspect your “beef”’is that you feel you warrant some ‘flexibility / discretion” and DVLA don’t agree. That doesn’t mean:

a) There shouldn’t be a guideline, nor

b) The guideline is wrong, nor

c) you could persuade a Magistrates Court that DVLA’s decision was wrong.

 

This was the risk you took when you took a Controlled Drug without a prescription, and if you keep blaming DVLA for that you are missing the point.

 

I have never blaimed DVLA for my misuse if anything I have been quite honest with them the way I see it the decision is quite a serve punishment for my actions

In a group I've attended there have been

 

1. Drink driver = 6 month ban

 

2. Heroin and crack user with daily prescribed medication = driving

 

3. Heroin and crack user = 12 months revoked

 

4. Epilepsy = 12 months revoked

 

5. Drink driver 12 month ban

 

6. Me taking unprescribed medication for 3 weeks 12 month revoked no previous history

 

 

Not only am i being served a greater punishment DVLA are not sticking to there guidelines with me they are revoking my license for a period of 1.2 months where I did not commit any offence

 

See my argument !

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Drink driver ban : DVLA can act if there is alcoholism / alcohol dependency. Drink driving in the absence of those, it isn’t DVLA’s call, but the court’s.

 

If you really believe:

 

decision is quite a serve punishment for my actions

 

.......

 

 

 

 

Not only am i being served a greater punishment DVLA are not sticking to there guidelines with me

 

Firstly, DVLA will say it isn’t a punishment. You may feel like it is, but they’ll say it is a measure based on your medical condition.

 

Secondly, if you really feel DVLA are breaching their own guidelines, you have a route of appeal, provided you don’t leave it too long.

I think it’d be a costly and futile process though, based on my reading of the guidelines, as I’ve previously said.

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Drink driver ban : DVLA can act if there is alcoholism / alcohol dependency. Drink driving in the absence of those, it isn’t DVLA’s call, but the court’s.

 

If you really believe:

 

 

 

Firstly, DVLA will say it isn’t a punishment. You may feel like it is, but they’ll say it is a measure based on your medical condition.

 

Secondly, if you really feel DVLA are breaching their own guidelines, you have a route of appeal, provided you don’t leave it too long.

I think it’d be a costly and futile process though, based on my reading of the guidelines, as I’ve previously said.

 

I have reapealed, because DVLA was trying not to let my case go to a ICA I have no reason to why, the whole case is a mess I've been advised by someone called Helen from dm appeals and Natalie and Chris from the complaints team I can apply for my license end of march/ April since I rejected there £200 I don't want money and requested my case go to a ICA they told me I cannot apply till the end of May now and I should apply to court

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I have reapealed, because DVLA was trying not to let my case go to a ICA I have no reason to why, the whole case is a mess I've been advised by someone called Helen from dm appeals and Natalie and Chris from the complaints team I can apply for my license end of march/ April since I rejected there £200 I don't want money and requested my case go to a ICA they told me I cannot apply till the end of May now and I should apply to court

 

Confusing your:

a) personal data complaint, and

b) licensing appeal,

Is a recipe for disaster.

 

They are separate issues, and should be dealt with as such.

Conflating them, there or here, just isn’t helpful.

 

You don’t appeal to DVLA, you ask them to reconsider, noting that you will appeal to the Magistrates if they again refuse. As previously mentioned don’t fall foul of time limits if you are going to appeal (their initial refusal letter would have said when you’d had to appeal to the court by), but I doubt an appeal would hold any utility for you.

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  • 4 weeks later...

What can anyone suggest on this complaint,

 

so after everything discussed on the form I took into consideration and made a call to dvla, to clarify a couple of things before three main questions was asked whilst i recorded the call with DVLA these where

 

A.. If I cancel my appeal in court when can I re-appliy for my license..

.......Response from DVLA after checking their system for over a minute, "You can reapply at the end of March, beginning of April"

 

I believe where I made a verbal contract with DVLA clearly stating if I cancel court I can make a application end of march, I believe where I made verbal contact with DVLA myself and their team leader made a verbal contract?

dvlaedit.jpg

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