dvla failure to notify.

[swanseafan]

Hello all

i am new to this, im in court tomorrow for failure to notify the dvla.

i did post off the required part.

i am going to use the postal act etc.

is there anything else i can use?

 

cheers

[Tony P]

Blimey, you are leaving things a bit late to come here.

 

There are many threads on this. This is among the better ones. http://www.consumeractiongroup.co.uk/forum/showthread.php?319264-DVLA-Failure-to-notify-Advice-required.

 

Interpretations Act.

 

You did all the Law required - you mailed it, they are deemed to have received it.

 

Don't get fobbed off by the DVLA Prosecutor trying to do a lesser deal outside the doors beforehand.

 

Don't let the DVLA Prosecutor fob off the Magistrates about 'deliver' or you doing anything if you hear nothing in 4 weeks of mailing it. There are no such Laws.

 

Let us know.

[swanseafan]

Hi court was adjourned till the 7th march.

i had everything in place to aruge the wording of send, and the interpretation act.

will have to wait for a few weeks.

 

is there anything else i could use??

 

130 people was listed in swansea, only 15/20 people turned up.

[swanseafan]

i have emailed the dvla and ask for the following information under the freedom of information act.

 

how many times have the dvla lost/miss placed mail in the last year, how many people have the dvla taken to court in the last year for failure to inform them of change of keeper, and how many vehicles have changed keepers in the last year.

wonder what reply i will get??

[paul kennedy]

Hello SwanseaFan Get in there ! I wish it was me again because DVLA really need to be taught a lesson. I would be tempted to present an honest but meek case to the magistrates in a hope that the DVLA might win the first round because the appeal to the Crown Court is the place to do their dishonest practice the most damage. They tried to pull out of my appeal at the last minute but the judge would not let them and demanded to know why they had taken it thus far ! They had to make assurances that they were not using the law courts effectively as a bullying tool which of course we know they are.

 

Getting them back at Crown court a few times will cause the judges to get really angry and do something about it.

 

Best wishes Paul Kennedy

[swanseafan]

Hi Paul, i cant ans your message, not enough posts lol, i was asked in court why i pleaded not guilty? i replied I posted it, thats all, not giving the court any other information, i have not had nothing back from dvla as to freedom of information.

 

swansfan

[swanseafan]

bump, wed court

[swanseafan]

went to court and lost!!!

i got confused about dates, the laywers also used this thread as well lol.

i was in a bit of a state, so the bench said take a min or stop, so i finished and was found guilty. i did not read more than 2 lines from my statement!!

the laywer used the section under the address(dvla) many times where it state if you have not heard anything after four week to phone the dvla, i did try and explain that by posting it ive done my part.

so can i appeal? and how would i go about this?

what would the costs be?

and to the dvla who read the threads, i did post it.

not happy at being bullied.

[Tony P]

I understand your feelings - you 'got done up'.

 

Others will be more constructive than I (not my province) particularly Paul Kennedy about the costs etc of an Appeal.

I hope you appeal and possibly get your case presented by someone who will not be flustered by a 'pro' who presents wrong arguments in Court as a full time living every day. (How do they sleep soundly at night?)

 

This is another golden opportunity to try to get an Appeal Court to make a legal precedent that must be followed by lower Courts.

 

If you appeal you can expect all sorts of offers (once the threats die away) from DVLA right up to the Courtroom doors, to prevent a Judge getting to hear your case, require DVLA to answer and then make a Ruling.

 

Sensibly and calmly presented I am certain you will win.

I am prepared to chip in something towards unrecovered costs - exactly as I offered for Paul, but heard no more.

 

Bear in mind the inefficiency of DVLA has now given you a Criminal Record. That can have consequences for you now or in the years ahead - reason enough to fight it in my book.

Edited March 7, 2012 by Tony P

[swanseafan]

thanks for your reply and pms.

yes i will appeal, and i will still take any advice.

i have a criminal record and work in care!!

how do i arrange a group of people to talk me though this? i was not good in court.

i have been chatting to people on here, and please pm or mail me,

lets get something sorted!!

[Bang!]

Had you obtained a certificate of posting, would this have prevented your conviction?

 

It seems a nice little earner when the government owned postal service, or the governments car based profit factory mess up - but can blame it on the person who posted it.

 

Where does the "call in a month to check" bit come from - if its not a law how can you comply with it - or be convicted for something using that as part proof of guilt.

 

Did your FoI request come back in time, or perhaps you should call up after a month has passed, perhaps call the judge at home a month later to tell him how you are getting on, or call...

[swanseafan]

he asked where i sent the form off to, is said dvla, which address so i read from my other car document, under the address it says if you have not heard from the dvla after 4 weeks to phone or write, should read the small print lol. i did say its not law and not required

[Tony P]

Although the Site does not approve, I trust they will see the sence of allowing the OP and others persuing this matter 'off thread'.

 

The OP would have to be happy of the bona fides of those who contact him (length of time as a CAGer and content and quality of posts are a fair indicator) to avoid including a 'plant'.

 

Maybe a non specific progress report would be helpful to those with a positive interest in this case and appeal.

[swanseafan]

thanks for your message, i looking for people to pm because the dvla reads all the theads, the lawyer used my theads in court, and suggeted that i had something to hide by seeking advice.

[swanseafan]

hi i cant reply until 15 posts, but thanks for your offers and support, thanks dvla will have a fight, we all the good advice.

cheers

[swanseafan]

had the freedom of information back, dvla took over 40,000 plus to court, and only 0.8% won lol

think there was a lot of no shows, wonder how much the dvla made in 2011 by going to court alone?

[Tony P]

think there was a lot of no shows, wonder how much the dvla made in 2011 by going to court alone?

 

When people have been to Court, they say something like 6 to 12 turn up out of 60 - 100 cases listed.

 

Was the 40,000 cases they took to Court the total of all offences - or just the alleged failure to send back the V5C on transfer?

 

But DVLA do not get the fines the Court imposes - they go directly to central government. DVLA might be awarded a small amount of 'costs'.

This is why they try to do an 'out of Court settlement' even at the doors, they get that money.

 

Once in the Court, the DVLA interest becomes only the deterrent statistics to frighten others - into accepting out of Court settlements!

[swanseafan]

that was just for failure to notify, they also got costs at £90 a go!!! thats nearly £4 million in legal costs

plus the victim surcharge £15 a lot of money going somewhere.

40k people fined thats mininum of £4million