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  1. Dear Caggers, I have just won a case brought against me by the DVLA. I told them I would win 9 months ago, but those twerps do not listen! I found this site helpful in some ways when researching for my case but there was nothing exactly clear on my circumstances. So now I know I have won I would like to publish the details of the case to be of assistance to others and before going ahead would like some tips from regular users here on how to best do that. The case involved a car that was SORN, in a parking bay on a street opposite my house. It was clamped for being on the road. The dispute that followed was wether the car was on a 'public road' or not. The DVLA do not like the rather restrictive definition of 'Public Road' in Section 62(1) of VERA 1994, and prefer to use the definition from Section 192 of the Road Traffic Act 1988. This is where they thought they were being clever but actually have messed up. In the process the DVLA lied to me (all in evidence I can show), to the local county council and effectively to my MP. The DVLA prosecutor also got a member of staff from the local council to make a statement that was untrue. All the while charging me £21 per day 'storage fees' for my impounded car since September 2014. They also tried to withhold documents I had requested under Data Protection and Freedom of Information Act (also to avoid my having them before Court) and only supplied them after the Information Commissioners Office wrote to tell them they had breached the Data Protection Act I won the case, because EVERYONE at the DVLA, NSL (the clampers), Havant Council, Hampshire County Council, etc was pretending the law did not apply. Luckily the Court decided the law did apply and they were ALL wrong. This means that in potentially thousands of cases the DVLA and local councils are getting people to settle out of court for offences they have not actually committed. In the process I may have tested an important piece of Law, which is the House of Lords ruling in Clarke Vs Kato which is legally binding on all lower courts. This makes it clear that a car parking space, in particular a car park/parking area CANNOT also be a road. In my case there was no hesitation by the Court in agreeing it applied and nullified the DVLA's claim. In addition they agreed that the parking was associated with a Dwelling under Schedule 2A of VERA and therefore the clamping was unlawful. What I have is the following: Paperwork issued alleging the offence My 'Step 1' first appeal/complaint letter - explaining the law that applied & DVLA reply My 'Step 2' second appeal/complaint letter - explaining the law that applied & DVLA reply My 'Step 3' second appeal/complaint letter to CEOs office - and reply My Subject Access Request letter and documents (including the LOCS case management files) My Freedom of Information Act letter and documents (including DVLA policy and staff training) All the paperwork issued in relation to the threat of court action. My 26 page 'skeleton argument' that comprehensively explored the relevant law and Won the case. Dozens of Exhibits, including dictionary definitions, photos, extracts of law, DVLA internal training documents and letters. My own documents and SAR material may prove helpful in providing an example of how to approach writing to the DVLA and other Government agencies. (I also took the UKBA/Home Office to the Ombudsman and won some years ago, using similar approach). The Freedom of Information documents I intend to put into the Public Domain. These include: Written Policy to not discuss the definition of 'Road' with the public (that's why you can never get a straight answer!) DVLA's own 'definition of a road' (which is not exactly correct!) Letters to NSL explaining clamping policy with FAQs NSL clampers handbook explaining when they can/cannot clamp Now I am taking the matter up with the Department for Transport's Independent Complaints Assessor and I shall also be presenting a complaint with the Parliamentary Ombudsman for Maladministration. I may even create a little website to host the documents with explanatory notes. Your comments and suggestions are very welcome. It will take me some time to organise it all, but feel free to ask details about what I have.
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