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DVLA_ Convicted in absence? STatutory declaration

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DVLA_ Convicted in absence? STatutory declaration

Post by 2powerwashing on Mon Dec 04, 2017 8:58 am

Hi all,

I have been in an argument with DVLA about a non-insured car. Basically the car was totally wrecked, you can't even roll it, but I kept it for parts and made a SORN.

The crucial thing here is that I couldn't find the log book at the time to do this online, so I sent the SORN by post using a DVLA form.

DVLA weren't having this as apparently they did not get the SORN, but I'm supposed to know this and chase THEM up??? SO I get an £80 fine, and another £80 fine because it's untaxed!

I wrote in appeal and sent photos of the "car", and explained about the SORN form, but again they aren't hjaving it and say I've got no right of appeal.

Next thing I receive a Notice of fine and collection order from the court for £350!!! (a real magistrates court- not NOrthampton). No hearing, no chance to put my defence, nothing just straight in with a collection order!

Am I misisng something here, and how is this even possible?

SO I have looked around on line a bit and it looks like there should have been a hearing and a chance to make a plea (I think my defence is reasonable and I would like it to be heard), and if the first I hear of court procedings is a collection order than I can make a STATUTORY DECLARATION and get the process rebooted.

ANyone got any views on this or experience of this process? It seems this is being dealt with by the magistrates court- not Civil.

Cheers, 2p






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Re: DVLA_ Convicted in absence? STatutory declaration

Post by MikeThomas on Mon Dec 04, 2017 11:22 am

Article 12 of the 1689 Bill of Rights.   Look it up and quote it to them. Very Happy

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Re: DVLA_ Convicted in absence? STatutory declaration

Post by Tiggy on Mon Dec 04, 2017 11:28 am

@2powerwashing wrote:Hi all,

I have been in an argument with DVLA about a non-insured car. Basically the car was totally wrecked, you can't even roll it, but I kept it for parts and made a SORN.

The crucial thing here is that I couldn't find the log book at the time to do this online, so I sent the SORN by post using a DVLA form.

DVLA weren't having this as apparently they did not get the SORN, but I'm supposed to know this and chase THEM up??? SO I get an £80 fine, and another £80 fine because it's untaxed!

I wrote in appeal and sent photos of the "car", and explained about the SORN form,  but again they aren't hjaving it and say I've got no right of appeal.

Next thing I receive a Notice of fine and collection order from the court for £350!!! (a real magistrates court- not NOrthampton). No hearing, no chance to put my defence, nothing just straight in with a collection order!

Am I misisng something here, and how is this even possible?

SO I have looked around on line a bit and it looks like there should have been a hearing and a chance to make a plea (I think my defence is reasonable and I would like it to be heard), and if the first I hear of court procedings is a collection order than I can make a STATUTORY DECLARATION and get the process rebooted.

ANyone got any views on this or experience of this process? It seems this is being dealt with by the magistrates court- not Civil.

Cheers, 2p

Yes, do a Statutory Declaration.

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Re: DVLA_ Convicted in absence? STatutory declaration

Post by 2powerwashing on Tue Dec 05, 2017 9:30 am

@MikeThomas wrote:Article 12 of the 1689 Bill of Rights.   Look it up and quote it to them. Very Happy

Grants of Forfeitures.

That all Grants and Promises of Fines and Forfeitures of particular persons before conviction are illegal and void.

nice. That's a handy one to have up your sleeve. I wonder what the consequences are of making a "promise of fine" before conviction?

In this case this won't help because it looks unfortunately as if I have been convicted already.

SO what I did was download a form for making a stat declaration

**** Cannot post the link as this profile is new***** But a form does exist from justice.gov, it's part of the criminal procedure rules

This takes you straight to the form.

I filled it out --truthfully-- that the first thing I heard about this case was a collection order, not a summons/ whatever. Then I took it to a solicitor who witnessed it, I had to repeat a statement about truth, and the solicitor signed it off and it cost me £5.

Because I acted straight away after finding this out it SHOULD be OK, but if someone delays beyond 21 days this might not re-open a case for them, it's worth a punt though but you need a good excuse for why it took you so long, like if you had to wait to get it witnessed etc.

I have read advice that if you hand deliver the statutory declaration to the court they try to summons you there and then to reconvict. I need more time to get a letter from my insurance, colour photos etc. to strengthen my evidence, so I sent this recorded delivery.

We shall see....

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Re: DVLA_ Convicted in absence? STatutory declaration

Post by Tiggy on Tue Dec 05, 2017 12:18 pm

The statutory declaration at this point is just to say you didn't receive the summons, you need to get that in ASAP.

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