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    • You're like, super helpful and unhelpful at the same time lol.   What do I search for, I searched form 4, and nothing, I searched claiming compensation and nothing about this.   I can't find the top squares logo.   Can you post a link or tell me what to search.   Sorry if I'm slow.
    • use our custom google search box  click our top squares logo it should appear on that page   dx
    • Apologies, I haven't used a forum for years!!   I defo wish to keep the 2 issues separate, sorry!   My only issue I need help with is the increased compo for marstons - if possible.   I don't know anything about claiming compo etc. (I only recently found out one of the NHS biggest costs are NDA payouts)   I don't know what form 4 is; so far, they've offered £250 and I haven't accepted or denied it.   So yeah, can you forward me to some more info?   Also, usually I'm good at google etc. but I can't find many stories on this stuff, regarding PCN/TFL etc.   Thanks again!
    • ok things are getting clearer...   I've merged 2 of your posts for clarity and removed the swearing, (behave please) I've also taken down the two images you posted should you wish to post things up please use PDF so we can zoom easily and don't forget to redect them read upload carefully.   I think you need to continue to keep the two thing sep. those being increased compo for marstons- if possible ( if you are raising a form 4? complaint through the court - it might be better you don't? - they are very hard to justify and can be costly - so the fact it might not be moving forward could be a good thing, but listen to others here too) and the issue of the PCN wasn't justified - which you need to further expand on please.   the more info you post up the better please but please use multipage PDF files only and carefully redact them    
    • Thanks for trying btw! It's kinda in 2 parts.   1 is that the PCN wasn't justified in the first place and I wasn't aware it had escalated. I received the initial fine from TFL which I challenged and heard nothing back from (for 5 months). Then another letter from a separate PCN which made me email TFL to inquire what was going on but again, heard nothing back.   (BTW I can see how confusing this is so thanks again for trying)   So, I had no idea my car was at the risk of being taken - that's the first part.   No 2. is:   I got a phone call saying my car was on the back of a truck round the corner from mine (they hadn't left any notices or anything, and the car was parked directly outside my house). My friend said they were attaching the straps and securing it to the van (so I think they got it on the back of the van and moved it before securing it).   When I ran round the corner I saw the EA's van. I went upto it and asked what was going on. He was rude and told me to go away. Then after I kept knocking he got out the van and was aggressive and refused to ID himself or tell me why he had my car.   He shouted at me, was rude and unprofessional, he then left with my car. I complained to Marstons and asked for the bodycam footage.   They gave me the footage but it was clearly edited and cut short (because in the beginning of the footage he was the most aggressive).   They then told me he wasn't required to have the camera turned on when he's in the van, only when he's 'actively pursuing a warrant' and I was only allowed the footage I was in. (which is 2 different things) So I asked them to clarify which is true.   Anyway, I reviewed the footage and sent in my complaint (talking about what happened in the footage) They replied and said they watched the footage and disagreed with everything I said.   So I wrote a more in depth response with the CIVEA code to reference + the TFL EA guide etc.    Then they asked for more time, called me and finally apologised and admitted he had acted untoward and was in the wrong.   They then offered me the goodwill payment.   This has taken up weeks of my time, caused me serious trauma and PTSD and even after I complained WITH video evidence, they still initially denied it which means they officially lied, on record, while representing TFL.   I told TFL what was happening they said I had to continue with Marstons etc.   £250 goodwill isn't enough, the car cost £800 to get out, the suspension is messed up and I'd like to claim compensation for everything.   I don't know if that makes me sound like i'm money grabbing or whatever but they shouldn't be allowed to get away with it.   The police had to come before they could call an ambulance cause I was having a panic attack and it was a HORRIBLE experience.    So any help would be great please    I have the whole file from Resolver in a ZIP file but it's a lot of writing and I think you've read enough of my writing to last a life time!   I did a statutory declaration of OOT, got it signed by the court etc. but it was rejected.   I then tried to take them to court but it cost £250 I think which I don't have. You can get it for free if your low income but they wanted bank statements that I couldn't get. They're waiting for me to reply with documents to get a free court date.    did you receive any of the pcn's - was that why you appealed? - Yes, sorry!   unless it's trying secure a greater level of compo from marstons? - Yes, sorry!   For the record I just saw this pop up, read it and now feel much less guilty about my enquiry!
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rudy691

DVLA taking me to court ! HELP NEEDED !

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Nobody can predict the outcome (even of a dead cert), but if I was in your shoes, I'd fight ir, as your move prevented any notice being served. As you had other vehicles, a 'reasonable person' would assume that they would have access to all your change of address details, so should have realised your lack of reponse was due to the only vehicle not to have the address of the RK updated. All this proves you've done nothing wrong.

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should I take this aproach:

 

http://www.consumeractiongroup.co.uk/forum/dvla/249629-dvla-failure-notify-new.html

 

and send dvla something like the letter in first post ? will that cease the court action and would it be even worse if they know my defence ?

 

No. You've gone past that stage. I've heard of folk sending a similar letter and NOT going to court, only to find the case called as scheduled and they now had judgement against them. By all means send the lewtter anyway, but be prepared to go to court anyway, as they may withdraw on the day if you turn up.

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but would sending it to DVLA disclose my whole defence ?

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True, but then this disadvantages the OP as it could be implied that no attempt was made to comply with the rules. On the vehicles I have acquired and not got a V5C speedily, a call to the previous owner usually sorted the problem (as a reminder!).

 

It makes no difference to the OP as he correctly sent the completed V5C to DVLA and wouldn't know that DVLA had lost it, On.the back of the V5C/2 is written that if a new registration certificate is not received within 6 weeks to contact DVLA - nothing about contacting the old keeper - which appears to be what the new keeper did so I don't see how that disadvantages the OP. Obviously if the old keeper is slow in sending the V5C, contacting them may speed things up, as you have found.

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i've send the letter from snooplotys topic a week ago and today I had a response letter from DVLA saying that they're withdrawing the charge and the case has been dropped !!!

 

THANKS EVERYBODY AGAIN !

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Going to court on Monday

 

I live near the DVLA so handed in my V5C to their front reception. It took them over 13 months before they threatened me with a fine and when I refused to pay we went to the magiatrates court for a hearing.

 

The trial starts monday as I have said

 

ANY ADVICE ??

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didnt you get some sort of a receipt when you hand it over ?

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No - I know it was silly but up until the june I worked there so when I handed it in to the desk I did not think anymore of it. I have asked the DVLA for a copy of the CCTV for the date and time that I know I handed it in but they say they no longer have it.

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Strangely, you are in a worse position than someone posting it from Lands End or John O'Groats. There, there is an expectation of delivery, their reception by hand would require a witness to the delivery to put you on a par. CCTV would not have helped you anyway, unless you held it up to the camera on the way in, this is because you could have gone in for a variety of other purposes....

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Strangely, you are in a worse position than someone posting it from Lands End or John O'Groats. There, there is an expectation of delivery, their reception by hand would require a witness to the delivery to put you on a par. CCTV would not have helped you anyway, unless you held it up to the camera on the way in, this is because you could have gone in for a variety of other purposes....

 

 

Would req what???

 

I have asked for a copy of the CCTV but they say they no longer have it. Also I sold my car to a garage which they sold on within a week the tax ran out 2 weeks later. It was not until 13 months later that they realised that the details had not been changed even though the new people had taxed it

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Sorry the rest of your post only just arrived. This is my problem but surely they still have to prove that I did not take it in?

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I feel it is unfair to ask any of the girls on reception if they remember me handing it in as they used to see me on a regular basis when I worked there and it would be asking them to confirm a particular date that was 2 years ago!!

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They don't have to 'ask the girls'. Even if I hand it a document to my local DVLA I am given a receipt date and time stamped. I and many others agree that the current system is flawed, but the saving grace is we can challenge them based on the Interpretations Act, and this gives the DVLA a problem. By not using the Royal Mail, you lose the protection of the IA, and effectively it becomes your word against theirs... I think you know where this is leading.

 

Your only hope is to use the delay in them brining the action in that their CCTV and or staff recollections have now been lost you so cannot provide the required proof of delivery. A sworn affidavit might also do the trick.

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I was not given a receipt from reception as I was known to them and some of them could have been under the impression I still worked there. How do I do a sworn affidavit?

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Most solicitors can do this - usually quaintly referred to as a 'Commissioner for Oaths'. Shouldn;t cost more than £25-35 or so depending on your location. Basically you are making a sworn statement of your actions, ans asserting under oath that they are true.

 

As an aside - (if my office is anything to go by) reception has no ability to issue receipts, only the public counters, where the business is actually transacted.

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Thank you for that

 

Can I also use the Human Rights Act 1998, Schedule 1, Article 6, section 2

“Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law. "

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Not really. This is a civil offence, not criminal.

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But I am at the Magistrates Court on Monday I thought they only dealt with criminal cases?

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I'm only up to speed on the Scottish system. Any DVLA actions I've seen were not criminal proceedures. If this is a Summary action in the Majistrates court, I'd seek legal representation and not risk DIY.

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The OP's case is failing to notify change of keeper and is a criminal matter dealt with at Magistrates Court.

It's the Late Licensing Penalty that is a civil matter and dealt with at County Court.

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i have been asked to attend court (as a director of my company) over " lost post ", now is there anyway they can proof i didnt send them there letter? just for the record i did. but of course the DVLA say i didnt, i have found the freedom of speech lettering floating around the internet (thanks mr collins) but im not 100% sure this will stand up in a court now (2012) as this freedom of speech letter was created back in 2009. so really i need all the help i can get.

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Lewis2012, I assume you are being taken to court regarding failing to notify a change of keeper? If so, the correct defence is to use section 7 of the Interrupations Act which state:-

 

proof of posting.Under the Interpretation Act 1978 Section 7

 

icon_post_target.gifby eggie » Fri Nov 25, 2011 9:10 am

1. Under the Interpretation Act 1978 Section 7, it states:

 

Where an Act authorises or requires any document to be served by post (whether the expression "serve" or the expressions "give" or "send" or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have effected at the time at which the letter would be delivered in the ordinary course of post."

 

Make particular note of the bit I have highlighted as teh DVLA have a habit of claiming that you as defendant should have made sure the document was absolutely "delivered" into their possession.

 

As you can clearly see from the law though, you have "delivered" it as soon as it went in the postbox, as "deliver" would come under the provision of "or if any other expression is used", unless they can prove you didn't put it in the letterbox. :)

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Thanks for that, can i ask where your sourced it from?

 

do you know if the freedom of information sheet will do me any justive in court, as it was sent to a mr collins and not to myself.

 

Thanks

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