Requistion to Court

[Bluemotech]

Hi all,

It's my first post, please be gentle with me.Ok, I've received a requisition in relation to continuous insurance from the DVLA to attend court.

 

My knowledge in relation to CIE was pretty much non-existent prior to this, not a great excuse but hey. I was fully aware that my insurance had lapsed in relation to my car and it had always been stored off road on my drive or in my garage since I found it wasn't safe to use on the road.

 

I thought nothing of the insurance. In addition the vehicle was taxed with months still remaining. I have the use of two other vehicles.As time went on and other arrangements my car was put on the 'back burner'.

 

Eventually I received a CIE notice from AskMID explaining the situation that if I didn't insure it or SORN it i'm liable to penalties. The notice was clear enough, I followed the procedure.I tried to SORN the vehicle online but couldn't do it due to not being able to find my registration certificate so I printed off a V890 and posted it following the instructions.

 

I would have been able to receive a refund for the outstanding months. Thought nothing of it and approx five weeks later I receive a notice from DVLA, pay £50 etc.Furious that I know I have followed the procedure to inform the DVLA of SORN they just don't believe me.

 

I have written to them stating I followed the process and acknowledged the CIE notice from AskMID and sent in another V890. They won't withdraw the fine.

 

I did write a letter wishing to escalate the issue but I don't seem to have received anything; this time I have proof of posting.Then I received the requision. This prompted me to write back again giving details of my last letter, kept the proof of posting.

 

Still no response as yet, two weeks later. I think I better phone them.

 

I'm rather annoyed that while a complaint is in process they feel the need to send a requision out as if to 'stand on the little guy'. Trying to pick this apart and piece things together, I have noticed on the back page that although it's been signed, no date has been included as per the Certificate of Service by Post.

 

Would this stand any weight in court? Naturally i'm standing my ground. I would include a picture but it seems as though I can't yet.Thanks for reading.

Edited April 1, 2015 by SabreSheep
Format bot 9000

[Bluemotech]

Please note, I do normally write in paragraphs; i'm not sure why it's just one big block of text, apologies!

[SabreSheep]

Hi there

 

Have added some format to the post for you.

 

Regards

 

SS

[Bluemotech]

Much appreciated, thank you.

[Conniff]

Are you sending your letters by recorded delivery ?

 

 

The DVLA are famous for 'losing' letters. They can't say they weren't delivered because the post office doesn't lose that many letter.

[Bluemotech]

No, not recorded but I now keeping receipts of proof of posting. Unfortunately I do not wish to excessively spend on postage. As i've managed to find out, because I've written to the enforcement department, I was informed when I phoned up last week that they should write back with two to four weeks of my contact. We shall see........

[Conniff]

Proof of posting is not the same as proof of delivery.

 

 

You only have to read other threads in this section and you will see a thousand threads all saying the same thing, 'DVLA never received my letter'. If you are worried at all about going to court then you need proof that the DVLA actually received your letter and that you also have a copy of that letter in your own file.

[Bluemotech]

Ok, fair enough. Looks like I won't need to be sending any other letters by royal mail now, DVLA Enforcement Dept feel the need to tell me there is 'no requirement' to respond to my letters. So it would seem they have received my letters.So if I can't resolve the issue with the department I move to the Customer Complaints team and see what they say. This time via email.

I have noticed on the back page that although it's been signed, no date has been included as per the Certificate of Service by Post. Would this stand any weight in court?

Any advice on this?

[Bluemotech]

Just a quick update, it's Court tomorrow and I have compiled my case together with my own statement, various exhibits of communication between myself and DVLA. A bonus to me, the Customer Resolution Team have failed to respond to my complaint within their own deadlines, no notification of extension periods etc. I escalated to the Chief Execs office (the third stage) and they have referred it back to the Customer Resolution Team (second stage). And to top it off, the Case Handler in the Resolution Team has referred to my car as "your former vehicle".It just shows how thoroughly this has been investigated and the care shown towards a complaint; I passed my car on the drive this morning, I ain't disposed of it in anyway! Let's see what happens tomorrow.Any last advice for me?

[zumbanikki]

no advice but good luck

[Bluemotech]

Thanks, much appreciated.

[Bluemotech]

All I had to do was turn up at court and had a chat with the DVLA prosector and he withdrew the case. So much time time spent for them to drop the matter. Part frustrating, partly relieved.

 

Can I counter claim on a dropped case or will it be a civil matter? No one at the court seemed to know.