Hello everyone, Wanted to update you all on my case. Well in one word its over! finally . I was summoned to go to court and my case did not get dropped. I was hoping that as the court date got close the DVLA would drop the case but that did not happen. I went to court last Wednesday 22nd April. Was very shocked to see the enforcement agent actually turning up to be a witness. Made me nervous. Then was told my case was being placed last as it is a hearing and will take some time. I had with all my papers and statement I wanted to say. I wanted to challenge their photographic evidence they had and I had with me photos of where my car was and where they said it was. Had a letter from my neighbour saying my car did not move. Even had my passport to say I was out the country at the time. Also thanks to member K67 had their case papers showing that the same enforcement officer did the same fraud. Was ready to really give them ago, even though it felt really scary. I had to fill in an expense form, so the Judge can fine you fairly if you lose the case. The DVLA prosecutor came out in the waiting area to speak to the enforcement agent and I could hear what they were saying . He was asking him about the photos and if he took the photos on the same day. One of the photos was just the number plate and the other was a zoom out of the car showing it on a driveway. The DVLA prosecutor could easily see that the photos show that the car is on a driveway and would not be good as evidence. He gave the enforcement a copy of the ticket the enforcement officer wrote on the day and told him ok don’t worry about the photos just read out the ticket in the court. I was then finally called in the court and the DVLA prosecutor started by saying what I was being accused of ( ...car on public road when declared SORN..) Then was asked by the Judge if I am guilty or not guilty.(not guilty). Then was explained how it works the Prosecutor goes first , asks the witness then I can ask the witness questions then finally I can give say anything else that can be used as my defence. The DVLA prosecutor started, called in the enforcement agent as a witness. He asked him a serious of question who does he work for what is his role, where was he on that day, did he see a car that day and clamp it... The answers the enforcement agent was giving were mainly was I cant remember, I don't know. The prosecutor told him to read out the notes he got with him but the enforcement agent said he didn’t have any. He clearly did not want to help J After this the Judge asked the DVLA prosecutor if he has any other evidence, he replied no (he refused to use the photos). The judge then said no point carrying on as they have no real evidence against me. I didn't get to say anything . I asked about compensation. Judge said court only can pay travel expenses and legal expenses. I would have to make a case against DVLA if I wanted anything else. I regretted not getting a lawyer to defend me as, the court would have paid their fees and maybe they could have got me some compensation from the DVLA. At the end of it you can see how devious the DVLA are, just after the money and know they are in the wrong. It was obvious the photos they had were not evidence and was hoping the enforcement agent would give a good statement. But he was not cooperating with the DVLA as he knew he committed fraud. I happy that the judge is fair and would recommend everyone who is wrongly accused to fight it and take it to court and don’t be pushed into paying a fine for something you did not do. So no more DVLA hassle, yippee. But really would like to take action against them especially that K67 was told by the MP that the enforcement agent no longer works for DVLA and yet he still does. Lastly a big thank you to K67 for the help and support in getting my case ready.

Hi all, my court date has been adjourned to a later date, as I have requested the enforcement officer to be a witness. I have also emailed the local MP as well. I believe the DVLA are just as responsible to what is happening, the enforcement officer is one of their employees who must be working towards a target set by the DVLA. The enforcement officer along with the DVLA should be going to court for fraud, not me. Anyone think I can get any compensation for what happening , I will have to take a day of work to go to court..

Great thanks spunkymonkey , really like the "alleged offence part" will use that for sure

I have asked the DVLA to send me the photo and asked why its not included in the summons as evidence. The DVLA told me the photo is not being used as evidence as its not needed, and when I asked them about car being clamped and then the clamp supposedly being stolen and car moved. They told me you not being charged with stealing a clamp, you are being charged with having a your car on a public road when you declared sorn. The only evidence they are using is a ticket filled by the clamper, so my word against his. By the way shouldn't the clamper have left a ticket on my car? So in court I will ask them to produce the photo of the car being on public road, which I am sure it will not show.. and I will produce my passport with stamp in it that shows I was out of the country when the offense happened.

I belive I was targeted by the same DVLA enforcement agent, would be even worse if there is more then one enforcement agent at Mitcham DVLA making these false reports. Have my court date next week, would really aprecciate if you can help me.

Thanks buzby and spunkymonkey for advice you made some good points. Regarding the photo, I do not have a copy, but I have spoken to DVLA and have asked them to compare a photo I have sent to them and the one they have. The have said the photo they have shows registration with a clamp, but can not tell where the car is located. Also can not be sure that it is my car as photo is black & white. Assume that's why they are not using it as evidence.

Thanks for the reply, I do have my passport with it stamped showing I was on holiday at the time. I am sure the car did not move as I have the only copy of the key and it was with me when I was on holiday. You can't tell exactly where the photo was taken, but I assume it is the same place, DVLA are not using the photo as evidence just the enforcement officer statement. I was told by a legal advisor, that being on holiday at the time is not enough to be not guilty. Said as I was the owner the vehicle I was responsible if some one moved the car. Looks like I will have to say in court that the enforcement officer made a false report and is a liar...

Just saw your own post about your DVLA case. It is exactly the same as mine and I am dealing with the same people. I am glad the DVLA dropped the case . I will give Natalie Bushell a call and explain that I am a victim of the Mitcham Enforcement officer. It happened near the same time as well 23 July 08 mine was. I would like to join you in taking legal action against the Mitcham NSL. I was really thinking about paying the fine, was told I may incur more costs if I took the case to court.

Sorry K69 I just happened to see your post, as I now have to appear in court next week so was checking back my post. I don't believe it YES it from Mitcham DVLA depot, the guy who statement is being used as evidence is Jamie B. It really unbelievable I have sent a few appeal letters, spoke to the prosecutor, legal advice and nothing stopping it from being cancelled. At the end of the day they have a photo of a Nissan micra car with my number plate with a clamp on it(photo is black and white, so can not tell colour). The only evidence been used in the court is a statement from this Jamie from Mitcham DVLA. Any advice on what to do on my court date will be very much appreciated. How did your court case go, did you win.

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

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 : 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. 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