Search
 
 

Display results as :
 


Rechercher Advanced Search

Latest topics
» Essex & Suffolk Water
by Sharpysparky Yesterday at 11:50 pm

» ...If they can do it so can we can't we?
by ceylon Yesterday at 8:19 pm

» UK Column
by ceylon Yesterday at 5:01 pm

» in house enforcement agents
by Sharpysparky Yesterday at 11:10 am

» Intrum Finance letter advice please.
by Ithesoul Yesterday at 9:55 am

» Another noob faced with a DC
by onak Yesterday at 2:19 am

» Debt purchaser using DCA to initiate court proceedings but purchaser without permissions is on court papers
by waylander62 Thu Sep 20, 2018 8:39 pm

» CCJ
by Taz Thu Sep 20, 2018 6:23 pm

» Latest from CrimeBodge
by LionsShare Thu Sep 20, 2018 5:45 pm

» Hillary Snuff Video Resurfaces! Horrifying!
by handle Thu Sep 20, 2018 4:22 pm

» ...Is this proof privatisation does not work?
by ceylon Thu Sep 20, 2018 12:34 pm

» Reality chat with peter howard and company
by Society of the Spectacle Wed Sep 19, 2018 7:34 pm

» NIP - speeding with photo evidence
by daveiron Wed Sep 19, 2018 5:12 pm

» ...Brexit are you taking the piss?
by ceylon Wed Sep 19, 2018 2:12 pm

» The End of London. Prepare Yourself.
by ceylon Wed Sep 19, 2018 10:56 am

» CCJ Delivered. I was unaware as i dont live at the address
by MEATBALL Wed Sep 19, 2018 10:31 am

» Motorists could face £100 fine for driving too close to cyclists
by Ausk Wed Sep 19, 2018 9:55 am

» Treason May or Peter of England
by assassin Wed Sep 19, 2018 1:31 am

» new PPI ruling
by handle Tue Sep 18, 2018 11:30 pm

» Ozone Therapy
by Kestrel Tue Sep 18, 2018 8:30 pm

» ...Who wants to travel 10 years back in time?
by ceylon Tue Sep 18, 2018 7:34 pm

» 5G & Smart Meters
by daveiron Tue Sep 18, 2018 11:59 am

» Drydens Fairfax
by Swan Tue Sep 18, 2018 6:38 am

» This just sums so much up....
by Kestrel Tue Sep 18, 2018 6:15 am

» sol excalibre with cookiemonster
by Society of the Spectacle Mon Sep 17, 2018 7:17 pm

» 24 Storey Tower on Fire in Kensington - dies
by Awoken2 Sun Sep 16, 2018 9:52 pm

» Watch This!
by LionsShare Sun Sep 16, 2018 4:09 pm

» ...Would a high vis vest put you off sex?
by ceylon Sun Sep 16, 2018 12:16 pm

» Hello Everyone,
by freeland Sat Sep 15, 2018 4:08 pm

» ...Are there any more signs of a coming financial crash?
by ceylon Sat Sep 15, 2018 1:31 pm

» ...Does the UN plan to destroy Europe?
by Lopsum Sat Sep 15, 2018 11:23 am

» Statute Barred after set aside
by daveiron Sat Sep 15, 2018 10:32 am

» My personal favourite
by chong Fri Sep 14, 2018 9:27 pm

» Let's Have Some Tunes thread.
by chong Fri Sep 14, 2018 9:21 pm

» ...Are the police here to protect you or rape your kids?
by ceylon Fri Sep 14, 2018 1:07 pm

» Bulk Data Collection By NSA and GCHQ Violated Human Rights Charter, European Court Rules
by ceylon Fri Sep 14, 2018 11:47 am

» Latest Rich Planet vids Richard Hall
by daveiron Thu Sep 13, 2018 7:05 pm

» ...BREXIT is there any evidence we are going to leave?
by ceylon Thu Sep 13, 2018 1:33 pm

» Cabot / Restons Claim
by waylander62 Thu Sep 13, 2018 9:55 am

» 3 letter system for DCAs (not debt purchasers) needed?
by daveiron Thu Sep 13, 2018 9:20 am

» National non-compliance day
by chong Thu Sep 13, 2018 6:09 am

» Data Protection Act 1998
by LionsShare Wed Sep 12, 2018 5:18 pm

» UK KIDS ...WANT DEAD BABY CELLS UP YOUR NOSE? NHS ANNUAL FLU NASAL SPRAY https://www.youtube.com/watch?v=tdGXQ61LCgE&feature=em-uploademail
by ceylon Wed Sep 12, 2018 4:45 pm

» …Does commerce control the government?
by ceylon Wed Sep 12, 2018 4:31 pm

» Cabot- is there a realistic chance to fight them?
by annap Wed Sep 12, 2018 12:58 pm

» justinian deception
by Ausk Wed Sep 12, 2018 9:29 am

» GERMAN COPS JOIN THE PEOPLES PROTESTS
by Society of the Spectacle Tue Sep 11, 2018 6:11 pm

Moon phases


DVLA_ Convicted in absence? STatutory declaration

Go down

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






2powerwashing
Not so newb
Not so newb

Posts : 5
Join date : 2017-12-04

Back to top Go down

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

MikeThomas
Not so newb
Not so newb

Posts : 38
Join date : 2017-05-01

Back to top Go down

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.

Tiggy
Moderator
Moderator

Posts : 640
Join date : 2017-08-11

Back to top Go down

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....

2powerwashing
Not so newb
Not so newb

Posts : 5
Join date : 2017-12-04

Back to top Go down

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.

Tiggy
Moderator
Moderator

Posts : 640
Join date : 2017-08-11

Back to top Go down

Re: DVLA_ Convicted in absence? STatutory declaration

Post by Sponsored content


Sponsored content


Back to top Go down

Back to top


 
Permissions in this forum:
You cannot reply to topics in this forum