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| instigator |
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instigator
Super Spammer
Joined: 19 Oct 2004
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 Posted: 14:14 - 19 Dec 2012  Post subject: DVLA - Requisition notice |
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Hi All,
After a bit of advice here. Long story short:
DVLA tried to hit me with a penalty notice back in late 2010
I had apparently not notified the DVLA of a change of ownership of a vehicle.
Because I had changed address a number of times, their letters had not reached me until August 2012 where bailiff letters were stating that I had a 'debt' of £325 because the court found in favour of the DVLA.
I went to my local court and signed a statutory declaration which was accepted and started this whole process again.
After receiving the DVLA's 2nd 'penalty notice', I consulted this & other forums and responded in a professional manner, stating the usual 'interpretations' act 1978 etc etc.
They came back and said no, we disagree because.....etc etc etc.
I seemingly did not respond to them quick enough due to travelling a lot and today, I receive a requisition notice through the door to attend court on 18th February 2013.
Now, I'd be happy as larry to attend court with them and state my case, except for the fact that I am relocating abroad in January 2013 thus it will cost a fair bit to get to court.
How would you advise one to deal with this?
I found an interesting post on: https://www.legalbeagles.info/forums/showthread.php?29060-dvla-and-meaning-of-requistion-summons where this one gentlemen responds with:
| Quote: | Dear sir/madam
I am writing in regards to the requisition sent to me to attend xxxx magistrates court
onxx/xx/2012 to answer charges of failing to notify the secretary of state on change of vehicle ownership.
I will be pleading NOT GUILTY on all charges as I consider I have no charges to answer.
I am now informing DVLA that I surrendered the vehicle V5document to DVLA as required by law. The V5 was returned to DVLA by first class post. My responsibility ends as soon as I relinquished control of delivery to royal mail. I take it I do not have to remind you on Section 07 of the Interpretations Act 1978
7. Where an Act authorises or requires any document tobe service by post. served by post (whether the expression "serve" orthe expression " give " or " send " or any other expressionis used) then, unless the contrary intention appears, the service is deemed tobe effected by properly addressing, pre-paying and posting a letter containingthe document and, unless the contrary is proved, to have been effected at thetime at which the letter would be delivered in the ordinary course of post.
In effect what this means is that by correctly addressing an envelope, affixing a stamp to cover the necessary charge (as is required), andby placing the item in a Royal Mail Mailbox, I have fulfilled my responsibility to notify DVLA AS REQUIRED BY STATUTE LEGISLATION.
May I ask other than royal mail, how I am able to deliverthe V5 document to DVLA.
DVLA even put their address and postcode on their documents so I must take it that is the normal method for exchange of correspondents.
I will now move onto more details on my responsibilities as to the V5 document
Detailson the V5 state -
'Once we know about the changes, you should receive an acknowledgement
letter to confirm that you are no longer responsible for the vehicle. If you do
not receive the letter within 4 weeks, please phone 0300 790 6802.
Can you please advise under what Statute Legislation I am lawfully obliged to contact DVLA if I do not receive any such acknowledgement or correspondents from DVLA.
The question of the legislation on contacting DVLA and statute legislation has already been judged in various county courts and has been found in the defendants favour. This matter has been discussed in great lengths on BBC TV Watchdog.
I will be providing case details to the court if needed
It has been confirmed through Freedom of Information Requests that DVLA do lose mail for which I will be laying before the court as evidence.
I must also inform the prosecutor that I am fully aware of the Paul Kennedy case.
MR Kennedy claimed he was wrongfully convicted of the same offenceI am being charged with.
Mr Kennedy appealed his case to Chelmsford Crown Court at 10.00 am on Friday 9th September 2011.
DVLA prosecutors at Swansea withdrew its cause of action and offered no evidence to the crown court.
No doubt this was to stop a precedence being set as case law being it was a court of appeal and binding on all equal and lower Courts.
I can assure DVLA that if I am summoned before themagistrates and convicted, I will be seeking leave to appeal to the crown courtbeing that magistrates are normally lay magistrates and not familiar withstatute legislation.
I trust this letter is explanatory in its context and reserve the right to show this letter in court if needed.
Yours sincerely
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The hope being that they will see I want their witness to attend court and am more than willing to defend my case....and they drop it. It seems to have worked for some.
What do you think folks? Naturally, I would make my own version of this letter above, rewording certain sections....
Thanks in advance |
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| Joncrete Cungle |
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Joncrete Cungle
World Chat Champion
Joined: 31 Jan 2012
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| Posted: 16:08 - 19 Dec 2012 Post subject: |
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I would chuck a thread up on pepipoo (if you have not done so) plenty of posters on there will be able to give you some help. Good luck in your battle with the Department of Various Lost Articles!  |
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| stinkwheel |
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stinkwheel
Bovine Proctologist
Joined: 12 Jul 2004
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| P.addy |
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P.addy
Red Rocket
Joined: 14 Feb 2008
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| Posted: 16:19 - 19 Dec 2012 Post subject: |
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No idea about the being away from UK, but I have been to court twice about this.
Both times I won.
Usual sickpup advice... I took in a pre-prepared bit of paper and basically quoted as much info as I could about my vehicle and the fact I posted the letter "here" and whatever.
They backed down fast. ... and I'm a weedy kid  |
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| DrDonnyBrago |
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DrDonnyBrago
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Joined: 03 Jan 2010
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| instigator |
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instigator
Super Spammer
Joined: 19 Oct 2004
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| Rogerborg |
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Rogerborg
nimbA
Joined: 26 Oct 2010
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| Posted: 17:18 - 19 Dec 2012 Post subject: |
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Good plan, can't see why you'd care about (I assume) English court decisions though.
Sadly, it's unlikely that you'll be able to present a defence remotely even via a solicitor. However, knock yourself out by pointing out that the DVLA cannot prove their case either (that you failed to send it) beyond a reasonable doubt, and the burden is on them to do so. You not showing up doesn't give them a free pass.
Have you told the DVLA that you're emigrating? Invite them to knock themselves out sending their crack (non) legal team along to court again, at their expense.
Which reminds me: "bailiff" letters? An actual County Court bailiff, or just some debt collection agency?
____________________
Biking is 1/20th as dangerous as horse riding.
GONE: HN125-8, LF-250B, GPz 305, GPZ 500S, Burgman 400 // RIDING: F650GS (800 twin), Royal Enfield Bullet Electra 500 AVL, Ninja 250R because racebike |
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Old Thread Alert!
The last post was made 13 years, 92 days ago. Instead of replying here, would creating a new thread be more useful? |
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