DVLA are at it again!

[CrappoMan]

Hi all,

 

I just received a summons for "you kept a mechanically propelled motor vehicle registration mark XXXXXXX for which a licence was not in force, contrary to Section 29(1) of the Vehicle Excise and Registration Act 1994.

 

Some background:

 

Vehicle tax ran out on 31/07/2008, SORN'd online a few days later on 04/08/2008, have email confirmation. Car was and still is parked on private land, according to VERA 62:1, a courtyard area behind mine and neighbours houses.

 

On 13/10/2008 there was a 'blitz' in the local area by several agencies, local council, dvla, police, vosa, etc. The various agencies were stationed about 50 yards away from my house. I had been clamped! Car was still parked on private land. I had a conversation with clamping team who basically said "prove it's private land". So i did! I rang the local council and spoke to a nice lady who said "yes, that land is NOT repairable at public expense". I went back to the clampers and gave them her name and phone number. About 10 mins later, they came and unclamped my car. This is where the nightmare begins.

 

On 21/10/2008, received an offence report letter from DVLA for a Section 29 offence and giving me chance to pay £100. I duly filled it in and wrote in part 3 that the vehicle had been clamped/unclamped and was on private land and no offence had occured.

 

On 04/11/2008, received another letter stating "I have considered the facts further and can find no reason to alter my original decision." and giving me another chance to pay £100.

 

On 07/11/2008, i sent a letter to them:

Dear Mrs Woolley,

 

Your Ref: 336 XXXXXXX

 

Thank you for your recent letter dated 04/11/2008, in which you state “I have considered the facts further and can find no reason to alter my original decision”.

 

The vehicle, XXXXXXX, was and still is parked on private land. The facts of this case are as follows:

 

• On 13/10/2008, I awoke to find that my vehicle had been clamped and a large sticker placed on the windscreen stating “UNTAXED VEHICLE”.
  

 

• I immediately approached the large group of officials from various agencies; police, council, VOSA, DVLA; who were nearby as part of a ‘blitz’ on illegal vehicles. I asked the DVLA clamping team why they had clamped my vehicle and was told that my vehicle was parked on a public road whilst under SORN and I would have to provide proof that it was private land.
  

 

• I telephoned the Land Registry (01484 XXXXXX) at Kirklees Metropolitan Council and spoke to XXXXX, who confirmed that the land was indeed private, i.e: a road which is NOT repairable at public expense.
  

 

• I approached the DVLA clamping van and informed them of this and gave them the name and phone number of the person I had spoken to.
  

 

• About 10 minutes later, the DVLA van returned and the clamp was removed. The large “UNTAXED VEHICLE” sticker was not removed from the windscreen.
  

The vehicle was NOT ‘kept or used on a public road’ (VERA Section 29:1). The road was not a public road, which according to VERA Section 62:1 means a road which is repairable at the public expense. I confirmed this with the Land Registry at Kirklees Metropolitan Council before parking the vehicle there and making a SORN.

 

The removal of the clamp by your team without payment from me is effectively an admission that the clamp should never have been placed on the vehicle in the first place.

 

Your efforts at revenue generation in this case are futile. As all the relevant facts are stated above, I will enter into no further correspondence on this matter and expect written confirmation from yourselves that this matter is now closed.

On 17/12/2008, received another letter asking for £100 out of court settlement. I ignored this one.

 

The summons includes copies of the witness statements, a CLE2/6 form where it state "At location: RAVENS STREET [WF13]". The vehicles was not parked on Ravens Street, but just off it on a private courtyard. The courtyard is not fenced or gated, but has a kerb stone border with Ravens Street.

 

It's obvious to me that because they removed the clamp without me paying they knew they shouldn't have clamped the car in the first place. But, they still sent the report to the DVLA who are taking it the full distance.

 

I have filled in section D, "Not Guily Plea" but dont know whether to tick for the witnesses to appear in person.

 

What do you think i should do ?

 

 

Simon

Edited March 2, 2009 by CrappoMan
Removal of personal details

[crem]

I have filled in section D, "Not Guily Plea" but dont know whether to tick for the witnesses to appear in person.

 

What do you think i should do ?

 

Simon

 

I would tick the box for witnesses to appear and specify you request ALL the witnesses to attend. i.e. the police, DVLA, VOSA, council and anyone else you can think of as being there on the day.

 

You should be able to get map copies regarding where the boundies of public and private land are as well as photos of how your car is positioned. I am sure the DVLA should have taken photos to demonstrate the location of the clamping. When you can demonstrate that their photos match yours, and that yours clearly show the car to be on private land I think it should be a very short (but embarrassing for the DVLA) case.

[CrappoMan]

There are only 2 witnesses named on the summons, I assume they are the clamping team.

 

I have recent photographs and an illustrated "google maps" maps, but it might be worth asking the council for a proper maps showing public road boundaries.

 

I hope the clamping team took photos and I hope they didn't destroy them when they removed the clamp.

 

I like the idea of an "embarassing for the DVLA" case. Next thing to think about is should I claim for my time, say 3-4 hours at £9.25 per hr.

 

 

Simon

[Trojan1401]

It may be prudent to consult a solicitor here.

Under the Road Traffic Act, the area you describe may be considered a public highway i.e. where the public have access. If this is the case then the vehicle is actually on a "public highway" therefore should be taxed and insured for third party risks.

This is a very grey area in law and (purely in my opinion and without prejudice ) the court may find in favour of the DVLA under the RTA conditions ( RTA 1988 section 192 - definition of public highway).

[Raykay]

It's nothing to do with RTA 1988, it's the Vehicle Excise and Registration Act 1994 and the relevant requirement under that act is that the road has to be maintained at public expense, if it is not, then there is no requirement for the vehicle to be taxed.

[crem]

As Raykay said.

[CrappoMan]

Hi all,

 

Well, I sent the "Not Guilty" plea back and ticked for the 2 DVLA clampers to appear in person and I got a letter this morning stating

 

As the void licence has been paid for it is the Agency's intention to withdraw the summons against you for hearing at XXXXX on XXXXX, in relation to the alleged offence concerning motor vehicle XXXXXXX.

I haven't paid for any licence, the vehicle is still unlicenced and parked on private land.

 

It looks like they have thrown in the towel but I don't know why, maybe because of my determination not to just lie down and take it!

 

Cheers all

 

Simon

[patdavies]

Hi all,

 

Well, I sent the "Not Guilty" plea back and ticked for the 2 DVLA clampers to appear in person and I got a letter this morning stating

 

I haven't paid for any licence, the vehicle is still unlicenced and parked on private land.

 

It looks like they have thrown in the towel but I don't know why, maybe because of my determination not to just lie down and take it!

 

Cheers all

 

Simon

 

Don't relax just yet.

 

Write to the Court that issued the summons to obtain written confirmation that the summons has been withdraw (enclose a copy of the DVLA letter above).

 

Unless and until you have written confirmation from the Court, you should attend and plead not guilty. If the DVLA drop it then or don't appear, then immediately ask the bench for a costs order against them.

 

Ensure that the bench know that you had been misled by the DVLA in trying to get you not to attend.

[CrappoMan]

Good idea! I wouldn't put anything past them.

 

Cheers

 

Simon