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won a court case against the DVLA
cardifflee
Posts: 16 Forumite
in Motoring
Morning all,
i got taken to court for what the DVLA said was failing to notify them of change of owner.
Monday 21st May 10am court hearing
well the dvla prosecutor spoke to me before i went in saying he would still except the £35 fine if i pleaded guilty and i wouldnt have to into trial. I said no chance i have taken 2 days off work and travelled and hour to get here.
Went in to my trail DVLA said their bit then on Oath i stated my facts that after 3 years the DVLA have taken me to Court for £35. I explained i had 6 cars since the car in question, all of which my details and Drving Licence number were put on the V5.
Why had it taken almost 4 years for the DVLA to find me at my address? To which the reply was " We dont look at the Driving Licence number on a V5 we have no reason too"
I also told themi had taken 2 days off work to get this sorted and if i was guilty dont you think i would of paid the £35?
Magistrates retired to view the case and came back in to which they told me i had won and i was free to go.
Now my question is can i claim my costs back for this? i have taken 2 days off work and had to travel a hour to get to the court which was 30 odd miles away?
Thanks for your help in advance
Lee
i got taken to court for what the DVLA said was failing to notify them of change of owner.
Monday 21st May 10am court hearing
well the dvla prosecutor spoke to me before i went in saying he would still except the £35 fine if i pleaded guilty and i wouldnt have to into trial. I said no chance i have taken 2 days off work and travelled and hour to get here.
Went in to my trail DVLA said their bit then on Oath i stated my facts that after 3 years the DVLA have taken me to Court for £35. I explained i had 6 cars since the car in question, all of which my details and Drving Licence number were put on the V5.
Why had it taken almost 4 years for the DVLA to find me at my address? To which the reply was " We dont look at the Driving Licence number on a V5 we have no reason too"
I also told themi had taken 2 days off work to get this sorted and if i was guilty dont you think i would of paid the £35?
Magistrates retired to view the case and came back in to which they told me i had won and i was free to go.
Now my question is can i claim my costs back for this? i have taken 2 days off work and had to travel a hour to get to the court which was 30 odd miles away?
Thanks for your help in advance
Lee
0
Comments
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Why did you take 2 days off work?0
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Sgt_Pepper wrote: »Why did you take 2 days off work?
To attend court 1st one was to swear a stat declaration that i knew nothing about the court case then the 2nd one today to attend trial0 -
It doesn't take a whole day to complete either of those.cardifflee wrote: »To attend court 1st one was to swear a stat declaration that i knew nothing about the court case then the 2nd one today to attend trial
e.g. you said the hearing was 10am and you are posting on this site having been 'let free' at 1pm.
What was the reason the magistrates gave for allowing you to 'go free'? i.e. dismissing the claim by DVLA?
I'm sure DVLA would not have bothered to bring about a claim if they believed they were informed of the change of ownership of the car you once owned. How did you defend that allegation?"Now to trolling as a concept. .... Personally, I've always found it a little sad that people choose to spend such a large proportion of their lives in this way but they do, and we have to deal with it." - MSE Forum Manager 6th July 20100 -
You should have asked for your costs when you were acquitted.0
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It doesn't take a whole day to complete either of those.
e.g. you said the hearing was 10am and you are posting on this site having been 'let free' at 1pm.
very true indeed it doesnt but i cant take half days so i have had to take 2 days holiday to cover these 2 court dates
sadly i have a job if i was sat at home doing nothing all day and claiming i wouldnt be posting this would i0 -
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I'm sure DVLA would not have bothered to bring about a claim if they believed they were informed of the change of ownership of the car you once owned. How did you defend that allegation?
He does not have to "defend" it, they have to PROVE it, this is not ZimbabweHi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam0 -
cardifflee wrote: »very true indeed it doesnt but i cant take half days so i have had to take 2 days holiday to cover these 2 court dates
sadly i have a job if i was sat at home doing nothing all day and claiming i wouldnt be posting this would i
It was your choice to take the days as holiday ... and so get paid anyway.
You could have taken the time off without pay to attend court, in which case you may have had a possibility to claim for reasonable losses incurred in attending court. As it is, you now say you didn't incur any loss."Now to trolling as a concept. .... Personally, I've always found it a little sad that people choose to spend such a large proportion of their lives in this way but they do, and we have to deal with it." - MSE Forum Manager 6th July 20100 -
It was your choice to take the days as holiday ... and so get paid anyway.
You could have taken the time off without pay to attend court, in which case you may have had a possibility to claim for reasonable losses incurred in attending court. As it is, you now say you didn't incur any loss.
it was not my choice to take 2 days off i am unable to take unpaid time off work unless it is an emergency
And premier i have lost 2 days holiday which part are you struggling with?0 -
You can't prove a negative. The DVLA claimed they were not informed of a change of ownership. A court would need to hear the defence of such a claim. As the OP says, the magistrates then had to retire to review the matter, before informing the OP he was free to go.He does not have to "defend" it, they have to PROVE it, this is not Zimbabwe
This may not be Zimbabwe; I am just going on the details provided in the OP
"Now to trolling as a concept. .... Personally, I've always found it a little sad that people choose to spend such a large proportion of their lives in this way but they do, and we have to deal with it." - MSE Forum Manager 6th July 20100
This discussion has been closed.
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