Failure to notify. Another case!

[Number6]

Well it doesn't really inconvenience me so that's a fail if that's the case.

 

Do they have to give a reason to the court or can they just say "we're not ready". Could they do it again when the case is re-listed?

[dw190]

 

What's not to be ready about?

 

Not ready to capitulate!

[Number6]

Maybe they're hoping to push the case into the "Olympic period" whereby the judges may be overloaded with games related rapid justice cases and hence get it put back even further.

 

Cynical... moi?

 

http://www.guardian.co.uk/law/2012/jul/20/1?INTCMP=SRCH

Edited July 20, 2012 by Number6

[Number6]

Hmmm, it's now been put back to week beginning 13th August!

[dw190]

Hmmm, it's now been put back to week beginning 13th August!

 

Looks like they're trying their hand to inconvenience you somehow.

[Number6]

But surely if they keep putting it off by saying they're not ready or similar then the judge will not be pleased when he sees what a simple case it is?

[Tony P]

Or the penny is slowly dropping and they realise they are having difficulty preparing something that they MIGHT get past an Appeal Judge to set a precedent valid for all lower courts.

[Number6]

Now listed for August 24th

[paul kennedy]

Judgement Day Aug 24 I doubt it !

 

Well Done Number 6. I'm thinking of coming up to support but not booking my ticket just yet !

 

Your move DVLA .

 

Best wishes Paul

[Tony P]

What are you doing Christmas week?

 

I suppose for every week of delay they can keep gathering in the cash from several hundred other 'victims'. Once it's stopped, it's stopped!

[Doubleh]

Well done number 6. I am going though the same situation. I m waiting for magistrate court summons. Because i denied to pay £35 fine. And i asked them take me to court. When summons will come i will ask for advice from paul kenndy and raykay.

[Number6]

Case now listed for 24th August.

 

[Number6]

Attended court for the appeal hearing this morning.

 

I lost! Appeal dismissed.

 

Can't be arsed to post anything more for now.

[SURFBOY]

You lost the first case because the magistrate said you did not ' deliver " the document. You then appealed. You then lost your appeal to a higher court. Does that mean that a precedent is set? Does that mean then that posting the document upon sale of the vehicle is no longer the lawful way to notify then?

[SURFBOY]

This can not be right. The whole system, as it stands, is faulty then?

[Caponedebt]

I would imagine that the DVLA will now quote this case when prosecuting. I was in a great mood after my day in court today, this has soured things a little. Gutted for you Number 6

[SURFBOY]

I think the dvla should now be telling everyone not to post their documents but to take them to dvla offices instead !

This is a crazy decision and it affects everyone countrywide!!

[paul kennedy]

Dear Number 6, I am really sorry. I have given you a lot of encouragement to continue with your appeal because I absolutely believed you would win because having spent a lot of time on this issue myself the argument, I thought is a clear one. I am completely shocked your appeal was dismissed. We need to find out exactly what was the legal argument that supported this verdict and if it is as suspect as it would appear then it needs to be challenged further because if this is used as precedent we could see large numbers of other innocent victims of the DVLA as a result. It could be carnage !

 

I am wondering if we could all combine and raise the money to fund a further appeal to a higher court to properly settle what would appear to be a terrible miscarriage of justice.

 

First thing is to find out why this argument that we thought we knew so well was lost.

 

Still can't really believe it

 

Paul

[Tony P]

Similarly, my initial emotion is 'gutted'.

 

However I do not accept this as being an end - but a beginning.

 

As stated several times, I am willing to 'cough up' to a fighting fund to get this clarified or laid to rest.

 

No.6.

My heart is with you, but I hope you will persevere and help make the change we all think is long overdue.

 

I await a detailed summary once the details are better known.

[SURFBOY]

i will donate to a fund as well. count on my support.

[paul kennedy]

Dear Tony P and Surfboy. I could hardly sleep last night because I could not work out how Number 6 had lost. He contacted me this morning and said that Judge ruled that Interpretation act does not apply because the regulations make no mention of service by post.

 

Sounds clearly wrong to me and I was much encouraged that DVLA have not discovered some clever legal defence.

 

Number 6 is willing to fight on but cannot take further financial damage. I would be really interested in us all getting together and setting up a fund to collect returnable donation from all who would be prepared to support this case.

 

Number 6 is absolutely adamant hat he sent the slip so this is clearly a miscarriage of justice that needs to be put right. Next stage I believe is Court of Appeal.

 

Does anybody know how we could set up a donation system that is clearly transparent and could deal with donation and return of monies once the case is hopefully won. We need also to consider how to publicise that the fight is going on.

 

Perhaps we could set up some kind of committee . If anybody who is interested or has relevant experience could let me know and I will pass ideas on to Number 6 who is justifiably in a state of shock today after his ordeal but clearly willing to fight on.

 

This could be such a significant case for so many future victims of the DVLA !

 

Regards Paul

[poor-boy]

I am willing to help donate towards this, I have my case listed for Magistrates on 24/09/2012 and I know I posted the trade part of the V5.

[lulilu]

You lost the first case because the magistrate said you did not ' deliver " the document. You then appealed. You then lost your appeal to a higher court. Does that mean that a precedent is set? Does that mean then that posting the document upon sale of the vehicle is no longer the lawful way to notify then?

 

I'm in a very similar situationbut in reverse. Could you supply me with the court location and the its case number please.

 

It would help me out quite a lot.

[lulilu]

I think I've answered my question or made me feel better.

 

I think other people might be interested in this case. Its on bailii court of appeal. The website will not allow me to post a direct link to it.

 

Calladine -Smith v Saveorder Ltd [2011] EWHC 2501 (Ch) (05 July 2011)

[Tony P]

http://www.bailii.org/ew/cases/EWHC/Ch/2011/2501.html