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sickpup |
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sickpup Old Timer
Joined: 21 Apr 2004 Karma :
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Posted: 13:21 - 26 Oct 2009 Post subject: DVLA are really starting to hate me now. |
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Especially after their humiliation in Clerkenwell County Court today. |
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Kwaks |
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Kwaks I'm not a fast rider
Joined: 28 Jan 2006 Karma :
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Posted: 13:23 - 26 Oct 2009 Post subject: |
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Tell us more ____________________ Fallen Angel "Nae sniffing my seat now!!!!! "
www.cliqueycuntsmcc.co.uk
I AM NOT A FAST RIDER!!!!!!!!! |
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suggs |
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suggs Renault 5 Driver
Joined: 21 Jun 2009 Karma :
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Posted: 13:26 - 26 Oct 2009 Post subject: |
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yeah come on, you cant post a quote up like that then not give us the juicy details |
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locked |
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locked Could Be A Chat Bot
Joined: 22 Oct 2009 Karma :
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Posted: 13:28 - 26 Oct 2009 Post subject: |
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ooooo details please ____________________ on the look out for my next bike....
CBT Passed - 13/09/09 Theroy Passed - 19/12/09 Mod 1 Passed 04/05/10 Mod 2 Passed 14/05/10 - Free to ride ANYTHING!
Motorcycles are perfectly safe as long as you remember they're dangerous. |
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lozzypop1 |
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lozzypop1 Certified MILF!
Joined: 04 Jan 2006 Karma :
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Posted: 13:36 - 26 Oct 2009 Post subject: |
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Sickpup WON!
DVLA Nil. ____________________ Funny, I used to hate being spanked as a child!
Tell me and I'll forget; show me and I may remember; involve me and I'll understand. |
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Kwaks |
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Kwaks I'm not a fast rider
Joined: 28 Jan 2006 Karma :
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Posted: 13:51 - 26 Oct 2009 Post subject: |
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I believe I know what it is now, if so that is a good win against them ____________________ Fallen Angel "Nae sniffing my seat now!!!!! "
www.cliqueycuntsmcc.co.uk
I AM NOT A FAST RIDER!!!!!!!!! |
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The Shaggy D.A. |
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The Shaggy D.A. Super Spammer
Joined: 12 Sep 2008 Karma :
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Posted: 14:06 - 26 Oct 2009 Post subject: |
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Follow up to this? ____________________ Chances are quite high you are not in my Monkeysphere, and I don't care about you. Don't take it personally.
Currently : Royal Enfield 350 Meteor
Previously : CB100N > CB250RS > XJ900F > GT550 > GPZ750R/1000RX > AJS M16 > R100RT > Bullet 500 > CB500 > LS650P > Bullet Electra X & YBR125 > Bullet 350 "Superstar" & YBR125 Custom > Royal Enfield Classic 500 Despatch Limited Edition (28 of 200) & CB Two-Fifty Nighthawk > ER5 |
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Hetzer |
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Hetzer Super Spammer
Joined: 19 Feb 2007 Karma :
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Posted: 14:15 - 26 Oct 2009 Post subject: |
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So those low-life, lying, thieving scum got fvcked in the arse did they? Nice one. ____________________ "There's the horizon! Ride hard, ride fast and cut down all who stand in your way!" |
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sickpup |
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sickpup Old Timer
Joined: 21 Apr 2004 Karma :
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Posted: 14:18 - 26 Oct 2009 Post subject: |
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Yes it is.
It will take a huge post to actually explain it all but basically I have been fighting DVLA for close on two years now concerning their failure to comply with the law. DVLA have won one case against me where I was actually refused a fair hearing, I paid off two claims against me as I was unable to complete paperwork in time but today I was fully prepared and ready to upset.
Todays hearing was held in Clerkenwell Court where a Judge backed me. The case got no further than whether or not I had sent in a SORN declaration, as DVLA couldn't prove I hadn't the case was thrown out although the Judge did give DVLA the right to appeal.
I will try and write out a full report a little later this evening to give all the details and explain how it applies to the SORN laws. |
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Skudd |
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Skudd Super Spammer
Joined: 01 Oct 2006 Karma :
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R4nger |
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R4nger World Chat Champion
Joined: 05 Jan 2005 Karma :
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Posted: 14:47 - 26 Oct 2009 Post subject: |
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Brilliant!
Fair play to you for reading up and trying it. It really makes me feel that sickpup is this small person up against one of the many corrupted government organisations and has won against all odds. |
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sickpup |
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sickpup Old Timer
Joined: 21 Apr 2004 Karma :
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Mr Hammers |
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Mr Hammers World Chat Champion
Joined: 10 Jul 2008 Karma :
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Posted: 15:53 - 26 Oct 2009 Post subject: |
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Nice one, sickpup. I'm off now to build a shrine under the stairs dedicated exclusively to you. ____________________ A Guide To Powerbands |
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chris-red |
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chris-red Have you considered a TDM?
Joined: 21 Sep 2005 Karma :
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Posted: 16:13 - 26 Oct 2009 Post subject: |
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Gratz mate ____________________ Well, you know what they say. If you want to save the world, you have to push a few old ladies down the stairs.
Skudd:- Perhaps she just thinks you are a window licker and is being nice just in case she becomes another Jill Dando.
WANTED:- Fujinon (Fuji) M42 (Screw on) lenses, let me know if you have anything. |
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Kaz96 |
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Kaz96 Two Stroke Sniffer
Joined: 09 Sep 2009 Karma :
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Posted: 16:51 - 26 Oct 2009 Post subject: |
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WTG Sickpup |
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suggs |
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suggs Renault 5 Driver
Joined: 21 Jun 2009 Karma :
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Mark65 |
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Mark65 World Chat Champion
Joined: 16 May 2008 Karma :
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Posted: 12:25 - 27 Oct 2009 Post subject: |
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Well done sickpup ____________________ 07 Yamaha YBR125, 07 Honda CG125 , 15 CBR300R (Chocolate Crank, Deaded), 16 CB500FA, 19 Honda Forza 300, 70 Suzuki SV650 |
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tatters |
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tatters Exxon Valdez
Joined: 05 Jan 2004 Karma :
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Posted: 12:33 - 27 Oct 2009 Post subject: |
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Nice one l hate the DVLA with passion ____________________ Past:NRG50,AF1125(x2),NSR125RR,ZZR250,CX500,VFR400,KR1S,ZZR600(x2),CB400N,YZF1000(x2),KH125,Z200,FX400R,CBR954RR(x2)GPZ500S,GT550,VFR750F(x2),RD350N,XR650R,CBR600F,CB250,KDX250,YZF750R,CRM250,400EXC,KLR650,TTR600RE,DR350S,R100GSPD,RGV250,VMAX1200,DL650 Present:G650XC,C12,KZ750,1190ADV |
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sickpup |
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sickpup Old Timer
Joined: 21 Apr 2004 Karma :
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Posted: 12:47 - 27 Oct 2009 Post subject: |
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I warn you this is hard going.
It's the next day and I must admit to being a bit low over it all. Although I won and DVLA will now be forced to follow the law a bit more I had evidence that they had been breaking the law for 5 years with these fines but wasn't able to use it as I beat them at the absolute first legal point.
The first point of my Defence was that DVLA cannot prove that I hadn't sent them a SORN declaration. As anyone who follows my legal lessons on here knows one of my favourite Acts is Section 7 Interpretations act 1978 (IA78) which reads as follows...
Quote: | Where an Act authorises or requires any document to be served by post (whether the expression "serve" or the expression" give " or " send " or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post. |
So DVLA had to prove I had had no intention of sending the SORN declaration and that they hadn't received it, not an easy thing to do.
Over the last few months I've also been firing off Freedom of Information requests on little looked at but pertinent subjects. One of these concerned DVLA losing mail internally and can be seen in this link DVLA and internally lost mail.
Now it's not the easiest webpage to read but basically it comes down to DVLA are losing mail internally although they don't know how much as they only record it if you make a written complaint to the Chief Executive. If you complain on the phone they ignore the complaint and don't record it, an imaginative way of keeping the lost numbers down. In fact if you send them a SORN decleration by recorded delivery and they lose it you can phone them up, give them the tracking No and they will check the POD (proof of delivery) online, agree they received it then not record it as lost.
The woman representing the DVLA wasn't actually legally trained so when the Judge asked her about the act she replied with 'I don't know it' to which the judge pointed out that as it was part of my defence AND DVLA had a copy in their claims bundle maybe she should be at least conversant with it! as the woman stammered away again saying she wasn't legally trained the Judge offered her a half hour break to phone her superiors and seek clarification which she jumped at so a half hour break was called in the proceedings.
After the break we went back into the Courtroom to resume and the DVLA woman had a page of notes and triumphantly declared that the words used in one of the Schedules of the SORN act was 'Delivered' as in 'Delivered to the Secretary of state' and as delivered wasn't a word within IA78 that it couldn't apply. I pointed out to the Judge that yes 'Delivered' didn't appear in the act but the phrase 'whether the expression "serve" or the expression" give " or " send " or any other expression is used' did and I believed in encompassed any other word used, the Judge agreed with me.
The Judge checked the Encarta Encyclopaedia for the definition of the word 'Delivered' and concluded that under the definition I would have had to personally Deliver the SORN notification to Swansea. The Judge decided that this was a nonsense and that to require everyone in the UK to hand deliver all SORN notifications to Swansea would be ridiculous so ruled in my favour in this instance.
The Judge gave the woman from the DVLA several more chances to refute service of the notice but in my view she was well out of her depth, she just couldn't grasp the idea that she had to prove DVLA hadn't received the notification and eventually caved in at which point the Judge poured scorn upon DVLA's prosecution statement and it's attempts to curry favour with the court and pointed out that as this case was covered by civil procedure rules he had no discretion and he had to follow the law to the letter and as such after a finding of fact that I had sent the SORN notification that the case would be found in my favour. He suggested to the DVLA that they could of course appeal the decision but in a voice that rather suggested it would be a very bad idea.
This has been going on for 2 years now and in that time I've had a lot of help and support from forum members giving advice and proof reading legal arguments to make sure they make sense. I woud like to thank the following members for putting up with me in that time and giving advice. Lozzypop1, Kickstart, BlueX5, Tarmacsurfer, Robby, Queen of String. There are many others who have supported me who don't get mentioned Including WildGoose who supplied me with Paperwork that sadly I didn't get to use in Court but may just force DVLA to repay people some of their money. This case was only won because of the help people on BCF gave me.
Although I won in court I didn't get to hurt DVLA but I have opened a huge legal hole in their collection of SORN penalties so I have mixed feelings over the day. I won on a very simple point but if the case had gone further I could have done some real damage to them. In fact I sort of hope they do appeal as then the full cse will be heard. |
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Alexio |
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Alexio World Chat Champion
Joined: 27 Aug 2009 Karma :
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Posted: 13:31 - 27 Oct 2009 Post subject: |
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Well done sickpup I wish I was more diligent. I had to pay those evil, evil people that £40 fine regarding SORN. That particular vehicle doesn't even exist any more, maybe except it's frame ____________________ will never give up his CG. I look at my fuel gauge more as a progress bar than a fuel gauge.
G: With my GSXR I do often effectively use it as a scooter with a clutch in town.
ms51ves3: why does it need 500 miles? Are you teaching it how to be a piston? |
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MarJay |
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MarJay But it's British!
Joined: 15 Sep 2003 Karma :
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Posted: 13:45 - 27 Oct 2009 Post subject: |
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Well done sickpup.
I hope they do appeal so that we can destroy the entire idea of SORN once and for all! ____________________ British beauty: Triumph Street Triple R; Loony stroker: KR1S; Track fun: GSXR750 L1; Commuter Missile: GSX-S1000F
Remember kids, bikes aren't like lego. You can't easily take a part from one bike and then fit it to another. |
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Valentino Mossy |
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Valentino Mossy World Chat Champion
Joined: 13 Jul 2003 Karma :
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Pete. |
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Pete. Super Spammer
Joined: 22 Aug 2006 Karma :
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Posted: 20:50 - 27 Oct 2009 Post subject: |
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Well-played Sickpup! ____________________ a.k.a 'Geri'
132.9mph off and walked away. Gear is good, gear is good, gear is very very good |
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Fisty |
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Fisty Super Spammer
Joined: 11 Apr 2007 Karma :
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Posted: 21:15 - 27 Oct 2009 Post subject: |
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Very well played sir, ____________________ Quietly and consistently taking the piss.
TL1000R | Hayabusa | ZXR400 | TL1000S | Bandit 400 V
Fatter and faster than Fret |
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Mister James |
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Mister James I want to believe!
Joined: 10 Aug 2004 Karma :
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Old Thread Alert!
The last post was made 14 years, 186 days ago. Instead of replying here, would creating a new thread be more useful? |
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