'Requisition' from DVLA for court

[Walker]

I've got a 'requisition' from the DVLA to attend court (Swansea Magistrates) next month. The allegation is failing to meet insurance requirements.

I have a few questions, and I'd be grateful for any insight:

1) Why is it a 'requisition' and not a summons to appear?
2) The 'plead not guilty' form asks for NI number, phone number and date of birth. Am I obliged to provide all of these? Is it not sufficient to state 'over 18'?

Thanks in advance.

[bluebottle]

Re: 'Requisition' from DVLA for court

Is there any substance to the allegations DVLA are making? If not, I would be inclined to query the "requisition". Certainly, the onus is on them to produce evidence to substantiate their allegations, not just tell you to attend a magistrates court.

I would be inclined to ask them to quote the statutory provision that empowers them to demand your National Insurance Number, telephone number and date of birth. They already have your date of birth on your driving licence.

[Guest]

Re: 'Requisition' from DVLA for court

Is there any substance to the allegations DVLA are making? If not, I would be inclined to query the "requisition". Certainly, the onus is on them to produce evidence to substantiate their allegations, not just tell you to attend a magistrates court.

I would be inclined to ask them to quote the statutory provision that empowers them to demand your National Insurance Number, telephone number and date of birth. They already have your date of birth on your driving licence.

Sorry this is a notification from the DVLA to attend the magistrates court not an invitation to a church social, You must give them the information they require and defend on the basis of facts as you see them do not ignore and do not obfuscate with irrelevancies,

[bluebottle]

Re: 'Requisition' from DVLA for court

To the best of my knowledge and belief, there is no statutory provision for the police, DVLA or any law enforcement agency to demand a defendant's National Insurance Number. Given the questionable nature of DVLA's allegations and conduct of their staff, the OP needs to query this with DVLA first thing on Monday morning. Also, do bear in mind that DVLA staff have been caught attempting to obtain details of defendants' defences.

[Wombats]

Re: 'Requisition' from DVLA for court

Although not involving insurance, you may find this thread of interest:

http://www.legalbeagles.info/forums/...istion-summons

[bizzybob]

Re: 'Requisition' from DVLA for court

That template letter from the thread linked by Wombats, amended to suit should do the trick. Also send details to BBC Watchdog

[Walker]

Re: 'Requisition' from DVLA for court

Thanks for all your advice.

I must say that I'm not a regular visitor to the Magistrates Courts, but I can't recall previously having been asked for a phone number or an NI number. I am of course happy to provide all the information that I am obliged to give, but this does rather look like a DVLA fishing trip or data-mining exercise.

Can anyone tell me for certain which of these I am obliged to give -
NI number
Phone number
DOB (if over 18)

Thanks in advance.

[bluebottle]

Re: 'Requisition' from DVLA for court

I would ring DVLA tomorrow and ask them which statutory provision they are relying on to demand your National Insurance Number. An employer is legally-required to obtain a person's NI Number in compliance with Income Tax and National Insurance regulations.

[Guest]

Re: 'Requisition' from DVLA for court

Thanks for all your advice.

I must say that I'm not a regular visitor to the Magistrates Courts, but I can't recall previously having been asked for a phone number or an NI number. I am of course happy to provide all the information that I am obliged to give, but this does rather look like a DVLA fishing trip or data-mining exercise.

Can anyone tell me for certain which of these I am obliged to give -
NI number
Phone number
DOB (if over 18)

Thanks in advance.

The DVLA are not involved in some Machiavellian plot to get your information , I would submit whatever identifying information they require and ensure you address the main issue, which is defending your case.

The DVLA are bound by the ICO as to how thy use any information you give them so I would not worry to much about your personal data. Concentrate on getting the claim sorted and whatever you do do not ignore or delay and let them get judgment by default.


http://ico.org.uk/for_the_public/top...ic_guides/dvla

[bluebottle]

Re: 'Requisition' from DVLA for court

Ring DVLA this morning and seek clarification as to why they require these details.

DVLA has been caught, on a number of occasions, attempting to obtain details of the defences of those they are alleging have committed some transgression. Not only is this highly irregular, it is also illegal.

Any authority to demand any information, in particular, a National Insurance Number, would need to have an enabling statutory provision. For example, an employer has a duty to provide HMRC with your NI Number for taxation purposes and to administer your NI Contributions records. If you claim Housing Benefit or Council Tax Support or have Council Tax arrears that are being recovered by way of an Attachment of Benefits Order, the local authority it is claimed from will need the claimant's NI Number to claim the money back from the DWP. A court would only be required to seek a person's NI Number if the court orders a fine to be paid by way of an Attachment of Benefits Order.

All of these instances will be covered by legislation permitting the obtaining of sensitive information such as a National Insurance Number.

In short, if the police and CPS have no authority to demand details of your NI Number, then neither does DVLA. This is why you need to seek clarification from them as to their reason for requesting it.

I have to agree with Walker that this is a DVLA fishing expedition.

[Wombats]

Re: 'Requisition' from DVLA for court

If you choose to phone, try to record the call.

[Tools]

Re: 'Requisition' from DVLA for court

How did you receive the requisition? Post or Email? May sound a silly question but several "phishing" emails are going around, the DVLA will only ever contact you by post.

[bluebottle]

Re: 'Requisition' from DVLA for court

You have raised a very important and valid point, Tools.

The request for National Insurance Number aroused my suspicion straightaway.

[Walker]

Re: 'Requisition' from DVLA for court

I haven't been driven away, but I did call the Swansea Magistrates court and spoke to one of the people in the Clerk's office.

He was really pretty relaxed about the whole thing, and said that NI number, phone number and DOB were all optional and could be left blank. He said that all they required was a signature and date on the form.

He also said that, in the event of a not guilty plea, I could request the case be heard at a Magistrates Court near to me rather than in Swansea.

So it would indeed appear that the DVLA are simply asking for information that they don't require for the administration of their case, but would just like to have.

[jimbo999]

Re: 'Requisition' from DVLA for court

Hi OP - what was your resolution on this please?? I am in a similar situation.