Failure to notify. Another case!

[Tony P]

He was LIP all the way?

 

I believe that was the case. It might be helpful for you to contact him via PM. He sounded the sort of person who would be willing to talk to another victim of this.

 

O/T

I brough with me to Russia, 3 complete box set series on DVDs as a link with my past and sanity when I have enough of the mostly cr@p local TV.

Rumpole of the Bailey, This Life and, of course, The Prisoner.

[Number6]

Yes, I've already sent him a PM.

 

Was never keen on Rumpole, but a big thumbs up to the other two I was never sure why The Prisoner was so compelling, but it was and is. Unmissable. Whoever came up with that the half-cocked abortion of a remake needs shooting though!

[Number6]

On a similar O/T note, the makers of the film version of Tinker, Tailor, Soldier, Spy also need shooting!

[Tony P]

I was never sure why The Prisoner was so compelling, but it was and is.

Several storylines (or levels) running at the same time - in all three of my choices to have here.

[paul kennedy]

Dear Number 6

 

Losing in the Magistrates is such good news. You cannot hurt the the DVLA in the magistrates court. They will find it difficult to stop your appeal to the Crown court though they are likely to try to as in my case. Judges are getting fed up with the DVLA using the legal system as a bullying instrument and each case that gets to them is a nail in the coffin of this practice.

 

PLease quote that the DVLA have made assurances that they are not using the courts in this way in court in my case and they are doing it again.

 

You don't need to appoint a barrister you can do it yourself or I will help you for nothing. Nothing better than having a barrister appointed by the DVLA squirming uncomfortably in front of the judge. The case is so open and shut that I ate the DVLA Barrister for breakfast. It was so sweet. I said to the Judge that I felt that the DVLA should be ashamed of themselves and be highly embarrassed. He said yes Mr Kennedy I do believe that they are .

 

DO NOT BACK DOWN NOW Regards Paul

Edited May 25, 2012 by MARTIN3030

[paul kennedy]

Sorry How rude of me , forgot my manners in all the excitement !

 

Evening, good friends of the CAG especially Ray Kay You are THE MAN . So nice to read that you are all still at it helping people out like you did me. I am so grateful to you all for what you did. Best wishes Paul

[Raykay]

DVLA were 'playing with words', the instructions on page 2 of a V5C are that 'You MUST sign, date and return this page to DVLA, Swansea, SA99 1BA when you notify any changes'.

 

So DVLA require the document to be sent by post to them, which brings it within the Interpretation Act, and the words 'or any other expression is used' means that by sending it by post, you have delivered it. And as DVLA act for the Secretary of State, it has been delivered to the Secretary of State.

[Number6]

Morning all. Thanks for the posts and PM Paul, and thanks to everyone else too.

 

I must admit I felt low yesterday, it was the first time I've ever lost in court

 

So, we're agreed then? A full appeal to the Crown Court and not a Statement of Case for consideration by Queens Bench?

[millitant]

i would go for the appeal to crown court without a doubt but take mr kennedys advice as he has been the only one to take this to the crown court

 

we can advise but he has done it and is much better placed to give advice for your case

[Tony P]

Ditto.

[Tony P]

I also think, once you have your 'direction' and Cagger advisers sorted out, it would be better to keep matters off the BB during the run up to the Appeal Hearing.

 

Walls have ears, sort of stuff!

Just let us know basic things like dates, DVLA attempts to disuade you etc, until it is over.

[Number6]

Understood.

[Number6]

@ Paul Kenedy

 

Could you PM me please, I could do with knowing what you put on the Notice of Appeal. It seems fairly straightforward but I want to make sure I don't say the wrong thing.

[paul kennedy]

Hi Number 6 Tony P,

 

I can understand your concerns about making the case too visible but I don't really think this is a problem. As long as you sent the notification and your conscience is clear as mine was then I suggest you should not fear publicising your arguments because you will not need any element of surprise. Just stroll in through the front door and let them do the worrying. Judges are on the whole highly intelligent and reasoned fair minded people and they know the law and you will win.

 

Regards Paul

[Number6]

I have received my form from the Courts and Tribunals Service asking questions about the case in the Magistrates Court so as to assist in the appeal preparation.

 

It has been completed and returned to the court

[dw190]

Although nothing to do with this case it does add to the inefficiencies of the DVLA.

 

I have today received a (do not reply) confirmation email relating to the taxing of a vehicle. There are two recipient email addresses, one mine and the other which is a .gsi.uk address (gsi is the Government Secure Intranet).

 

The email is not intended for me as my tax is mid term.

 

This just goes to show the DVLA do not want to know if they have made a mistake. No contact details at all. I would have thought there would have been some means of contact if only to inform them I am not the intended recipient.

[Number6]

Well, I have a hearing date (sort of)

 

I have received a "Criminal Warned List" letter informing me that the appeal hearing is listed at Worcester Crown Court during week commencing 16th July.

 

It says that representations regarding the listing of a case should be made no later than 11am on 5th July. Do I need to do anything about this?

[paul kennedy]

Congratulations Number 6. I didnt have to do anything at this point but I dont quite recognised some of the terms you use. I'm sure somebody else on the forum will but I simply rang the court and got them to explain anything I wasn't completely clear about because they deal with these expressions all the time.

 

Now its time for the DVLA to brief their Barrister but there isn't one in the country who can win this case against you if you simply present the case as outlined so often on this forum ! and you have no legal training SWEET !

 

Best wishes Paul

[Number6]

I now have a definite date for the appeal hearing and know the name of the judge listed to hear it.

[Tony P]

Watching for tomorrow's news.....

 

You don't need 'luck' so I won't wish it.

 

I hope you enjoy the day.

[Number6]

Thanks

 

Will post as soon as I have news.

[Raykay]

In Paul Kennedy's case they didn't oppose the appeal, but that was before the case was heard. It appears that yours seems to be going ahead.

 

If it hinges on the 'failed to deliver', remember that in s.7 Interpretation Act 'any other expression is used' would include deliver - especially as DVLA, as an executive agency of the Department for Transport, require the document to be sent to them by post, which brings it within the Interpretation Act.

[letsgetitsorted]

following with interest....mine didnt get to court, but wish number 6 all best

[Number6]

Amazing... Terrific... NOT!

 

I just phoned the court to confirm that my case was still listed for 10am tomorrow only to be (eventually) told that it's been delisted and put back to week beginning 30th July. Nobody at the court bothered to inform me!

 

The reason given is that DVLA requested the delay as they "aren't ready".

 

What's not to be ready about?

[Tony P]

My (cynical) guess is to inconvenience you.