DVLA Failure to notify - case won!

[canute]

Hi there, just a short note to bring good news of another failure to notify case won. We successfully defended ourselves (I say we, it was my wife who was being charged) against a failure to notify charge on 31st May 2012 at Brighton Magistrates court.

 

A big thanks to all on here who gave advice. I will write up a full report and extra advice in good time, for now though, anyone who is thinking of representing themeselves please get in touch and I can email you our case notes.

 

We didn't post before the trial (DVLA rumoured to read the threads) but lurked a lot.

 

Cheers.

[citizenB]

This is excellent news and we look forward to receiving a summary of the hearing

[BankFodder]

Well done. I am sure that everyone would appreciate some detailed information.

[canute]

OK then.....

 

Usual story, although there where a few different circumstances but these were not aired in court, so I will miss out all the arguementative letters with the DVLA and cut straight to our first court appearance. I'll try and keep it simple. I will say "we" rather than I because my wife was the defendednt but I did most of the legal work!

 

Was expecting to be approached by DVLA prosecutor, wasn't, there were 34 other DVLA cases, we were the only defendents who turned up.

 

Was allowed to read supporting statement (we'd produced a thouough one based on info from this marvelous site!) but got stopped fairly early on by the clerk, after we had mentioned the interpretations act.

 

DVLA completely accepted the fact that we had posted the V5 ("why would we doubt you?" were her actual words) but stated that the law is not that simple as the V5 has to be served "forthwith" and went on to say that the notification is sent to ensure this and that it is our duty to "chase up" the notification.

 

To this the clerk AGREED and said that the law has changed (WRONG WRONG WRONG) but suggested to the magistrates that this was a matter for trial (in our ignorance, we thought this was the trial, not an initial hearing) and adjourned the case to 31st May 2012.

 

Copies of our supporting statement were kept by the court AND THE PROSECUTOR, we didn't realise until we got home.

 

11th May, DVLA wrote admitting that as we stated in our statement, there is no statutory power requiring anyone to chase up a notification, it is still our obligation to do this within 4 weeks as the Secretary of State must be served "FORTHWITH", offered to drop the case for £35. We resisted the temptation to reply and say "£35 is not enough, offer us more"

 

31st May 2012, attended Brighton Magistrates court 5, got there an hour early, no sign of a DVLA prosecutor all day, eventually the Clerk came and said we were in the wrong court and should have been in court 11. So over we went, they had another 30 or so DVLA cases listed in court 11 but I think they were all no-shows (probably pled guilty).

 

Eventually went in with very thourough statement. My wife was prepared to read the entire thing but was not allowed to read any of it verbatim, I went in as a McKenzie friend.

 

IMPORTANT - the clerk did not allow anything from the previous hearing or even the letter from the DVLA to be shown to the magistrates as it was regarded as "hearsay" Despite the prosecutors attempts to divert attention with the 4 weeks notification arguement, my mrs did brilliantly in returning to the "no legal obligation, please show me the act" response. She also did a good job of rubbishing the idea that you can't chase something up WITHIN 4 weeks, if it may take 4 WEEKS for the DVLA to mail it.

 

After adjouning the magistrates found my wife to be a credible witness and found her innocent.

 

We were only awarded travel/parking costs. No loss of earnings, no award for time spent preparing, we feel a bit sore about this but hey...no conviction either.

 

Worth noting: We sold the car in July (actually gave it to our daughter) chased up the lack of logbook mid October (they just kept trying to fine us), sent a statement by recorded delivery in January (they kept raising the fine) and the final trial was at the end of May. Quite a lot of this info didn't come out in court (such as the fact that it would be better off for our familiy if we'd never sent the V5 off in the first place and kept one less keeper on the car).

 

Also worth noting is that they ignored the Duncan Peck case, saying that it was county courtand for SORN not FTN, the mrs just carried on arguing that it is identical circumstances (4 weeks notification rubbish) and kept saying that it was on Watchdog and we have the weblink if you want to watch it.

 

The advice I think is most importanat regardless of any other mitigating circumstances is this:

 

If you sent the V5 off next day, you fulfilled your legal obligation. (Interpretations act).

There is no legal obligation to chase up any notification.

 

As long as you can balance the assertiveness with humbleness and politeness to the magistrates, don't be affraid to argue your case, if the clerk says "hearsay" so what? You may have more to gain than to lose in an attempt to keep reiterating the point that "there is no legal obligation......etc." I'll leave that up to you.

 

Good luck everyone, I don't have the "priveledges" to PM yet but I'm sure we can find a way of sharing the notes if you think they may be useful. If I remember anything else, I'll add it to this thread, thanks again to all who contribute on all the other friends and to the CAG. CHEERS!

[Bang!]

Nice one - congratulations! :D:D