BREAKING NEWS – DVLA Loses In Court

maninthestreet

So does this court case set a legal precedent??

MaximumImpact

I had the same issue with the DVLA and Sorn on my car last year. I sent them a nicely worded letter along with the dates that I had Sorned and an invitation for them to come and see the car in situe (it couldn't move if it wanted to!!).

I recieved a nice letter back with apologies and dropping the fine.

Marv02

lazy wrote: »

...

Lazy, I'm pretty sure these are two difference things, and not really realated to the DVLA, but I was hoping you may be able to help me out, heres a link to my thread here:

https://forums.moneysavingexpert.com/discussion/2506051

Thanks.

Paradigm

maninthestreet wrote: »

So does this court case set a legal precedent??

I don't think so, it needs a decision in a higher court to do that. Pretty sure this would have been county court.

lazy

maninthestreet

Thats a good question. A couple of members from another forum used my claim number and asked the DD Judge to refer to my claim number. That Judge did refer and both members won in court. Most recently at Portsmounth County Court.

The DVLA have ben informed to comform to the laws of the land, however if they can get away with it they will.
In order to help anyone here who is being fined unlawfully please refer my court details.

Claim No: 9BR0829

Court: Horsham county court

Date: 30 March 2010

Reason: No statutary power to require anyone to contact them if they do not receive a receipt."

Result: Win


Over 240 complaints on the official watchdog wesite and still coming in.

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?

Judas

240 complaints from how many registered vehicles/drivers?

Its quite clearly a tiny proportion that I am sure most organisations would be proud of. The DVLA may not be perfect but they do a reasonable job considering the size of the tasks they cover with the resources they have.

The majority of complaints come back to people who don't read properly and query when they don't get the confirmation they should do.

Paradigm

Judas wrote: »

The majority of complaints come back to people who don't read properly and query when they don't get the confirmation they should do.

Have you actually read this thread?

Judas

Paradigm wrote: »

Have you actually read this thread?

I did and it seems yet another needless loophole in the law to accomodate those who dont want to pay roadtax in that when they get caught untaxed they have a chance of claiming it was just lost in the post.

Is it really difficult or unreasonable expecting adults entrusted with motorvehicles and driving licences to make a phone call if they dont get a letter? I think not.

Paradigm

Judas wrote: »

I did and it seems yet another needless loophole in the law

But it's not a "loophole in the law" is it? In fact it's not law at all!

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”

Judas wrote: »

Is it really difficult or unreasonable expecting adults entrusted with motorvehicles and driving licences to make a phone call if they dont get a letter? I think not.

Do the council phone to check you've received the parking ticket they posted? Do the Police phone to check if that speeding fine they sent has arrived? Not a chance!

Of course it's unreasonable!

robredz

Judas wrote: »

I did and it seems yet another needless loophole in the law to accomodate those who dont want to pay roadtax in that when they get caught untaxed they have a chance of claiming it was just lost in the post.

Is it really difficult or unreasonable expecting adults entrusted with motorvehicles and driving licences to make a phone call if they dont get a letter? I think not.

There is no more obligation to contact them to chase up a SORN than there is to reply to any threatening letters sent by TV Licensing exhorting you to buy a licence for the TV you do not own. Looking at the evidence, DVLA would lose your letter and fine you anyway