Jump to content


Is there a time limit within which DVLA have to summons someone to court for failure to notify of vehicle sale?


cosmicgirl8
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4048 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

DVLA are alleging that my 19 year old daughter did not notify them of the sale of her car, when she DID send off the necessary paperwork. We have almost exhausted the complaints sytem, however she has now received a summons to attend magistrates court in December for the alleged "offence" which took place in January. I know that with certain criminal convictions, the CPS have 6 months in which to bring a defendant to court, so does anyone know if there is a time limit for this sort of thing please?

Link to post
Share on other sites

DVLA are alleging that my 19 year old daughter did not notify them of the sale of her car, when she DID send off the necessary paperwork. We have almost exhausted the complaints sytem, however she has now received a summons to attend magistrates court in December for the alleged "offence" which took place in January. I know that with certain criminal convictions, the CPS have 6 months in which to bring a defendant to court, so does anyone know if there is a time limit for this sort of thing please?

 

It's not a criminal case. It's a civil procedure. I'm not sure but I've a feeling that it may be as long as 6 years.

 

But you shouldn't let that worry you. I'm fighting the same battle and I'm actually looking forward to my day in court. With information from here it really isn't such a scary prospect and if anything it is the DVLA who should be in fear. I'm interested in how they will explain their way around the Interpretations act when they've failed on that attempt previously.

 

I can honestly say I met my obligation by sending the documents as required. That they didn't receive it or failed to record and update their systems is not my concern. They have no legal right to require that you contact them to establish receipt. And that is the crux of their case.

Link to post
Share on other sites

If the summons is for hearing at the Magistrates Court it is a criminal matter, possibly contrary to s.43C, Vehicle Excise & Registration Act 1994.

 

There are several posts about DVLA 'losing' documents and what to do, have a search for the Interpretation Act.

Link to post
Share on other sites

Thanks for your post and all the very best with your fight. I am in fighting mood now - bring it on DVLA! However I do think, as Raykay commented on my post also, that it is criminal since it is being heard before magistrates.

Link to post
Share on other sites

  • 5 weeks later...

Just to let anyone who is interested know, DVLA have dropped court action after I sent a letter by recorded delivery requesting that the case be looked at by the independent compaints assessor. They stated that in their opinion the independent assessor would have found that several of my communications to the DVLA had not been responded to appropriately. Just goes to prove that if you stick to your guns and maintain your innocence, common sense does sometimes prevail !!

Link to post
Share on other sites

Just to let anyone who is interested know, DVLA have dropped court action after I sent a letter by recorded delivery requesting that the case be looked at by the independent compaints assessor. They stated that in their opinion the independent assessor would have found that several of my communications to the DVLA had not been responded to appropriately. Just goes to prove that if you stick to your guns and maintain your innocence, common sense does sometimes prevail !!

 

Independent complaints assessor? Who's that?

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...