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Thread: dvla and meaning of requistion/summons

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    Default dvla and meaning of requistion/summons

    well i have received one of those failure to notify cons from dvla and landed myself to a court summons

    ime fully aware of the interpretations act and have pleaded not guilty so no worries on that one

    question 1

    why are dvla using requistion instead of summons (explain difference please)

    question 2

    as this is a criminal matter, only the crown prosecution service brings charges before a court

    where in the vehicle excise and registration act 1974 s.59 (2) (a) allows them (dvla) the authority to bring a CRIMINAL PROSECUTION and not a civil claim

    ANSWERS ANYBODY

    many thanks

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    Default Re: dvla and meaning of requistion/summons

    I don't understand your post to be perfectly frank with you.

    What is the summons for?

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    Default Re: dvla and meaning of requistion/summons

    failure to notify dvla of new keeper when i sold the vehicle

    i sent off the v5

    dvla say they never received it

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    Default Re: dvla and meaning of requistion/summons

    Have a read of this thread, in particular Mrs James' post #2 Philips and DVLA - HELP!!! - Legal Beagles Consumer Forum

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    Default Re: dvla and meaning of requistion/summons




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    Default Re: dvla and meaning of requistion/summons

    Do you have proof of posting?

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    Default Re: dvla and meaning of requistion/summons

    Did Not Think I Would Need It

    I Have My Defense All Sorted So No Wories On That

    Its Just Question 1 And Two At The Start I Need Advice On

    Many Thanks

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    Default Re: dvla and meaning of requistion/summons

    Since it is a requisition rather than a summons, it is an invitation rather than a legal requirement.

    Except there is no legal requirement to ensure that the DVLA has received your paperwork. You did what you are obliged to do and that is to inform DVLA of the change of details. Although you will have to be sure to do your homework properly because the Magistrates will more than likely go along with the DVLA.

    That said, I find it difficult to believe how they could do anything other than say it's six of one and half a dozen of the other because although it would have been prudent to get proof of posting, it is not a legal requirement and why should you have to pay if the Royal Mail have lost it.

    Why does the DVLA even believe you haven't changed the details?

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    Default Re: dvla and meaning of requistion/summons

    on form A FROM DVLA(ABOVE)

    in bold letters at the top it states

    no ASN required

    have no idea on what this means, any takers????

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    Default Re: dvla and meaning of requistion/summons

    It means no Arrest Summons Number needed.

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    Default Re: dvla and meaning of requistion/summons

    Many Thanks

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    Default Re: dvla and meaning of requistion/summons

    WHAT AN ANTI -CLIMAX

    I HAVE JUST HAD THE PROSECUTION DEPARTMENT OF DVLA PHONE ME. IT WAS CIVIL ENOUGH. HE ASKED WHY I WAS DEFENDING AND REQUESTING THE PROSECUTOR TO TURN UP IN COURT.

    I REMINDED HIM THAT I WILL BE STATING MY DEFENSE IN COURT AND NOT BEFORE.

    HE THEN STATED CASE WITHDRAWN,

    EMAIL COPY RECEIVED AND HARD COPY IN THE POST

    AND I WAS SO LOOKING FORWARD TO TEAR HIM APART IN COURT AND PUT INTO THE OPEN THE UNLAWFUL PROSECUTIONS INSTIGATED BY DVLA

    AT LEAST THEY HAVE SEEN SENSE IN THE END

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    Default Re: dvla and meaning of requistion/summons

    Good result, well done x

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    Default Re: dvla and meaning of requistion/summons

    Ive been summons to appear next month. Im absolutely cr*pping myself.
    I got a letter from the DVLA last year asking if I was aware that some one else was applying for registered keeper of the vehicle. So I replied (on the back of the letter as they said to do) that yes I was fully aware of this. (after all I had sent them the little slip of change of ownership)
    the next letter I got was telling me they were fining me £35 I wrote back again telling him in few words to shove that idea as I HAD informed them, they responded with another letter saying the fine had now gone up to £50 this time I told them I was going to go to watch dog since they were always the feature company for trying to rip people off.
    after that I fot the same summons as the one scanned in here. To be honest I chose to hide it away and not acknowledge it. unfortunately now Ive had to get it out again and take my head out the sand. The guy I sold my car to has given me a letter he received from the DVLA stating his recent application for the Registration Certificate was in the process of being dealt with.
    SO if Im guilty of NOT informing them of change in keeper how come he would have a letter saying his application is being processed I dont understand
    Also has any one faced this in court? what am I in for? I will be 37 weeks pregnant at the date of my court appearence and could do with out this stress but since I to appear what will I need with me?
    Thanks in advance for any help
    x

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    Default Re: dvla and meaning of requistion/summons

    first thing is DONT PANIC

    was it a requisition DVLA SENT YOU

    CHECK AGAIN THE LETTER

    confirm they call it a penalty and not a fine

    only a court can issue fines

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    Default Re: dvla and meaning of requistion/summons

    i have been waiting to put my whitts against DVLA

    if you like i will post a letter on your thread for you to send the DVLA PROSECUTOR on the requisition form

    it will detail the defence you will use and put them on notice and reconsider their actions and withdraw the summons

    that way other posters can comment as well,either add or take bits out of the letter

    let me know if you are game as

    been there, done that, got the tshirt with DVLA

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    Default Re: dvla and meaning of requistion/summons

    Personally I'd take the easy way out. I'd go to my local High Street solicitors, swear a Statutory Declaration to the effect that you sent off the Notice of Change of Keeper from the V5C, take a few copies and send one to the DVLA with a letter asking them to confirm they're withdrawing the case.

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    Default Re: dvla and meaning of requistion/summons

    Your name and address
    The prosecutor
    DVLA
    XXX
    XXX
    DATE
    REQUISITION TO ATTENDXXX MAGISTRATES COURT ON XX/XX/2012
    Vehicle registration xxxx xxx

    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


    WELL FIRST ATTEMPT AT A TEMPLATE FOR DVLA

    COMMENTS PEOPLE, GOOD OR BAD
    Last edited by miliitant; 24th May 2012 at 20:25:PM.

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    Default Re: dvla and meaning of requistion/summons

    Excellent letter Militant, I like it a lot. Would it be worth the OP doing as I suggested and swearing a Stat Dec for the sake of a few pounds, stating that the DVLA were notified? This could then be attached to the letter giving almost a watertight case.

    Personally I would make a few minor tweaks, but I really like it.

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    Default Re: dvla and meaning of requistion/summons

    totally agree

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    Default Re: dvla and meaning of requistion/summons

    Thanks very much for the useful information here and the draft letter. I may use your ideas in a current DVLA case on the same subject, many thanks.

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    Default Re: dvla and meaning of requistion/summons

    nice to have you on board

    it worked for me

    keep us updated

    regards

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    Default Re: dvla and meaning of requistion/summons

    Cracking letter, Militant. Might be a good idea to send copies to the Permanent Secretary at the DfT and Secretary of State for Transport.

    The postal address for the DfT is -

    Department for Transport
    Great Minister House
    33, Horseferry Road
    London
    SW1P 4DR
    Life is a journey on which we all travel, sometimes together, but never alone.

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    Default Re: dvla and meaning of requistion/summons

    Hi all,
    Just thought you'd like to know that I used Militant's letter as a draft for a letter I sent to DVLA Prosecutions recently, on behalf of a friend who had received a Requisition to attend court on 27th July. DVLA had charged him with failing to notify change of ownership. He got a letter back from DVLA a few days before he was due to appear before the magistrates. You guessed it - DVLA withdrew the case. Sure they rambled on about responsibility etc. but actually agreed that there was no legal obligation to follow up if the letter saying you're no longer responsible for the vehicle doesn't come. Their tone showed they didn't like it much, but they clearly were not willing to chance losing at trial. I think mentioning the case of Paul Kennedy helped too.
    It just makes me wonder how many people roll over on this and plead guilty when they don't have to!
    Anyway, many many thanks from my friend, and thanks from me as well. This case was how I came to find LB in the first place, when I searched "DVLA requisition" because I wasn't sure what it was. Very grateful to all who contributed to this thread.

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    Default Re: dvla and meaning of requistion/summons

    Glad it helped
    knowledge is power

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