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BREAKING NEWS – DVLA Loses In Court
UPDATED: 21/06/2010
I want to share this Horror story with you because from something bad came good. I am hoping my experience will help you to face up to the mighty DVLA who you will be surprised to know have been using methods to get you to pay £80 that some would say including a judge not lawful. The Story became an national interest and featured on Watchdog on the 27th May 2010
On August 2008 I made a SORN declaration and sent of my details two weeks before my TAX was going to run out. The DVLA did not receive my SORN until many months later. I received threatening letters from a Debt Collection Agency. I refused to pay! Letters back and forward to the DVLA got me know where. I was now disputing this illegal fine. 3 further letters from the DCA. This was also illegal.
The DVLA said that if I did not receive an Acknowledgment Letter then it was my obligation to contact them. The DVLA stated, had I contacted them, then maybe I would never get fined. I complained, but I learned it meant nothing because the DVLA has no official complaints process as been confirmed by the DVLA. I still owe £80. I was on the phone day and night, saying I was not going to pay. DVLA said that I could make another complaint to the ICA (Independent Complaints Assessor) I made a second complaint. The Chief Executive decides if he will allow you complaint to be heard. He refused my justified complaint.
I later learned if he allows a complaint to be heard from an Independent Complaints Assessor and the ICA makes a recommendation that no action is taken, the Chief Executive can overrule this person and still fine you for which the DVLA are doing. This works in the favour of the DVLA. You are at their mercy like it or not. I got my local MP on board who supported me and could clearly see that the DVLA are taking advantage of us and legislation was needed. My cost was reduced to £40 from £80, does that sound familiar? I refused to pay. If I had paid then I am saying “I am guilty” I was not, I was fighting and still fighting an organisation that has lost the plot.
I did some research, and found that the DCA, the DVLA used against me was its self being investigated for criminal offences. I spoke to the DVLA who refused to comment. I made a Freedom of Information Request to find out if there was any truth in this. The DVLA confirmed they knew about the investigation, but decided to hide it away from you and me. Why did the DVLA receive my SORN many months later? I was able to confirm via a FOI that the DVLA does lose mail. YEP, you heard that right. The DVLA has nothing in place to stop this happening. When the DVLA lose your SORN you are then guilty for not SORNING because the DVLA does not have a record of it. When you get your tax reminder and you decide to SORN, if the DVLA does not get your SORN then as far as the DVLA are concerned you are driving your car with no tax.
On March 30th I was put on trial by the DVLA for not declaring SORN. I won my case against the DVLA. The judge stated verbally “the DVLA has no statuary power to force any one to contact them if they did not chase up or call the DVLA to see if the DVLA had received their SORN or any other information. The judge stated its all well and good having small print telling people to phone up but “its not good enough” The interpretations act was also mentioned at my trial and the DVLA tried to sidetrack but the judge was not having any of it. Another person was also tried at Portsmouth County Court and he referred my case to the District Judge and his case was also dismissed.
On Thursday 27th May 2010 the DVLA have been summoned to appear on WATCHDOG comsumer program at 8 oclock
Please make sure you mention this on other forums and spread the word. Between 6 and 8 million people will be watching this, lets hope there is justice. Lets not forget how it all came about in the first place. read our story here.
I want to share this Horror story with you because from something bad came good. I am hoping my experience will help you to face up to the mighty DVLA who you will be surprised to know have been using methods to get you to pay £80 that some would say including a judge not lawful. The Story became an national interest and featured on Watchdog on the 27th May 2010
On August 2008 I made a SORN declaration and sent of my details two weeks before my TAX was going to run out. The DVLA did not receive my SORN until many months later. I received threatening letters from a Debt Collection Agency. I refused to pay! Letters back and forward to the DVLA got me know where. I was now disputing this illegal fine. 3 further letters from the DCA. This was also illegal.
The DVLA said that if I did not receive an Acknowledgment Letter then it was my obligation to contact them. The DVLA stated, had I contacted them, then maybe I would never get fined. I complained, but I learned it meant nothing because the DVLA has no official complaints process as been confirmed by the DVLA. I still owe £80. I was on the phone day and night, saying I was not going to pay. DVLA said that I could make another complaint to the ICA (Independent Complaints Assessor) I made a second complaint. The Chief Executive decides if he will allow you complaint to be heard. He refused my justified complaint.
I later learned if he allows a complaint to be heard from an Independent Complaints Assessor and the ICA makes a recommendation that no action is taken, the Chief Executive can overrule this person and still fine you for which the DVLA are doing. This works in the favour of the DVLA. You are at their mercy like it or not. I got my local MP on board who supported me and could clearly see that the DVLA are taking advantage of us and legislation was needed. My cost was reduced to £40 from £80, does that sound familiar? I refused to pay. If I had paid then I am saying “I am guilty” I was not, I was fighting and still fighting an organisation that has lost the plot.
I did some research, and found that the DCA, the DVLA used against me was its self being investigated for criminal offences. I spoke to the DVLA who refused to comment. I made a Freedom of Information Request to find out if there was any truth in this. The DVLA confirmed they knew about the investigation, but decided to hide it away from you and me. Why did the DVLA receive my SORN many months later? I was able to confirm via a FOI that the DVLA does lose mail. YEP, you heard that right. The DVLA has nothing in place to stop this happening. When the DVLA lose your SORN you are then guilty for not SORNING because the DVLA does not have a record of it. When you get your tax reminder and you decide to SORN, if the DVLA does not get your SORN then as far as the DVLA are concerned you are driving your car with no tax.
On March 30th I was put on trial by the DVLA for not declaring SORN. I won my case against the DVLA. The judge stated verbally “the DVLA has no statuary power to force any one to contact them if they did not chase up or call the DVLA to see if the DVLA had received their SORN or any other information. The judge stated its all well and good having small print telling people to phone up but “its not good enough” The interpretations act was also mentioned at my trial and the DVLA tried to sidetrack but the judge was not having any of it. Another person was also tried at Portsmouth County Court and he referred my case to the District Judge and his case was also dismissed.
*BREAKING NEWS*
On Thursday 27th May 2010 the DVLA have been summoned to appear on WATCHDOG comsumer program at 8 oclock
Please make sure you mention this on other forums and spread the word. Between 6 and 8 million people will be watching this, lets hope there is justice. Lets not forget how it all came about in the first place. read our story here.
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Comments
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I all have learnt is from others on many sites.
Seek legal help if unsure.
Dont pay Private Parking tickets - they are mere invoices.
PRESS THANKS
}0 -
This is one of many cases they lose, in fact they are being hammered! With the right defence the DVLA can't win!
They are making rules up to suit themselves, totally ignoring the legislation regarding sending documents via the post!Always try to be at least half the person your dog thinks you are!0 -
DVLA = private company who think they're above the law....
Bunch of thieving gits!
Shut them down, contract vehicle licensing to someone else... Simples!“I may not agree with you, but I will defend to the death your right to make an a** of yourself.”
<><><><><><><><><<><><><><><><><><><><><><> Don't forget to like and subscribe \/ \/ \/0 -
Just been reading your post on CAG, it's very good!
I've just bought an email address too lol.0 -
DVLA is a Quango - can we look forward to the new leaders getting rid of it to save a few bob?0
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Very interesting reg article there. This isn't the first time the DVLA have been hauled in by Watchdog. Anyone remember them 'forgetting' people had driving licences and then claiming 'the system is never wrong' so you can't possibly have ever had a licence and MUST retake your test?
I think I'm going to make some FOI requests to the DVLA myself now...0 -
We now have 227 complaints on the official WATCHDOG forum. The show that featured the DVLA.
Can I ask all members to post a comment on the official WATCHDOG forum
It is easy to do. The more complaints WATCHDOG gets from you boys and girls, I have been told there is a chance they will do another story.
I have posted my comment.
Please, really important you do this and please twitter, and spread the word. We are on a roll here but we need to keep this going strong.0 -
We now have 235 complaints on the official WATCHDOG website. Can I ask all members to keep posting, spreading the word.
Please can you post your complaint
Can I ask all members to post a comment or complaint on the official Watchdog webpapge.
If you google - DVLA in the dock
Please, really important you do this and please twitter, and spread the word. We are on a roll here but we need to keep this going strong0 -
More complaints are coming in. Keep it going.
Could I ask this becomes a sticky?0 -
We now have over 240 complaints please keep on the official watchdog wesite.
please, please, keep this going.
Google - DVLA in the Dock will take you to Watchdog, Please post your complaint.
Admin, any chance to have a sticky on this?0
This discussion has been closed.
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