DVLA - Freedom of Information Request FOIR3988, where to get a copy?

mar_88

Good afternoon, 

I'm in the process of setting aside a CCJ for which I have a hearing on 11 July. My case is very similar to the following post in the NEWBIES thread: 

https://forums.moneysavingexpert.com/discussion/comment/74864199#Comment_74864199

However, I can´t find a copy of FOIR3988 anywhere online. I have tried the DVLA today but they mentioned the request can take between 4 to 8 weeks to get processed. 

Suggestions?

Many thanks for your time!

Coupon-mad

Have you sent a pm to that thread starter?

mar_88

Not yet, I will now!

mar_88

Not hopeful though, last login was 2 years ago 

Coupon-mad

Even if you can't get that FOI, the three Codes of Practice* plus the Civil Procedure rules ALL require that 'reasonable steps' are taken to check an address is correct before filing a claim, especially if there is 'reason to believe' it is not the Defendant's last known address.

Such as silence...that's an indicator that the address may not be reliable. Average flat-move by renters is no more than a year or two. 

The DVLA do not supply keeper addresses as confirmed 'service addresses' for court cases (especially when only filed months/years later). They provide keeper data as a snapshot of data that may assist to enquire who was driving. It's notoriously unreliable data and that's why all 3 Codes of Practice require further address/data checks.


* BPA, IPC and the new 2023 incoming DLUHC statutory code (not yet implemented but the will of Parliament in this matter is crystal clear).

mar_88

Thanks kind soul! Yes, I understand that, I haven't had a read at those yet. Any suggestions of which section to start? BTW the operator is Vehicle Control Services Limited. Same story: moved away, sold the car days after the incident, forgot to change the address, found out about the CCJ in April.

Coupon-mad

Start by reading the set aside by @Jack5656

And as it's VCS, the BPA Code is irrelevant.

You want the section of the IPC Code of Practice (version from the relevant year of parking) that talks about checking details if filing a claim after a gap of 12 months. No idea which paragraph. Dead easy to search the CoP using control & f (NOT on a phone).

mar_88

Thank you! I assume you referred me to that thread for the 4-months dead (Boxwood) argument?

Coupon-mad

Yes - and because it is the most recent one with examples of the sort of WS and draft order you need, plus you can read about and learn from his successful outcome at the hearing.

mar_88

I'm past that stage - my hearing is on 11/07: 

I was ordered to submit a second WS clarifying 4 points of the original one, however the solicitor representing VCS failed to meet the deadlines for serving the claim forms, so the paragraph where I was requested to provide what the defence of the claim is got set aside. Because I didn't really put a draft order in with my application, Iḿ compiling one and leaning towards a skeleton argument with a summary of what I've got so far. 

I'm struggling with the defence as the NTK is POFA compliant - Iĺl keep reading the suggested case and open a new thread to discuss final details ahead of submitting it again (even though I don't need to according to the court) 

Umkomaas

I'm struggling with the defence as the NTK is POFA compliant -

What, a VCS NtK PoFA compliant?  Please tell us how it is such.