dvla prosecution, prosecution for not sorning vehicle/no insurance |
dvla prosecution, prosecution for not sorning vehicle/no insurance |
Sat, 14 Jul 2018 - 11:00
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#1
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New Member Group: Members Posts: 3 Joined: 14 Jul 2018 Member No.: 98,885 |
my partner is in court on monday under a sjp for not sorning a vehicle/keeping on the road with no insurance
circumstances car engine blew up on motorway was recovered to garage who left it on roadside car was deemed a write off due to cost of repair car was recovered back to home address and put on the drive sorn was HAND DELIVERED to dvla in swansea insurance cancelled to be put on new car as old car was no longer on road letters recieved from dvla was advised to ignore on private forums as we had done everything right something was mentioned about dvla vs someone and being deemed as served no legal obligation to chase dvla if no notice recieved in 6 weeks if handed in at dvla is it their responsability to make sure it goes to post room no receipt issued just a signed photocopy of sorn back no letter recieved from dvla saying vehicle was sorned what can we do to beat this in court we have done everything right and dvla have lost the original paperwork, we have seen on here and other threads foi requests where dvla have said that some letters do get lost |
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Sat, 14 Jul 2018 - 11:00
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Sat, 14 Jul 2018 - 11:09
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#2
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Member Group: Members Posts: 4,781 Joined: 29 Oct 2008 Member No.: 23,623 |
my partner is in court on monday under a sjp for not sorning a vehicle/keeping on the road with no insurance First things first. If the matter is being heard by a Single Justice your partner cannot attend. Did he enter a plea in response to the SJ Notice and has the matter been transferred to a full court hearing? |
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Sat, 14 Jul 2018 - 11:12
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#3
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New Member Group: Members Posts: 3 Joined: 14 Jul 2018 Member No.: 98,885 |
yes had notice through post and pleaded not guilty been told to attend court at 10am monday
my partner is in court on monday under a sjp for not sorning a vehicle/keeping on the road with no insurance First things first. If the matter is being heard by a Single Justice your partner cannot attend. Did he enter a plea in response to the SJ Notice and has the matter been transferred to a full court hearing? also no other evidence nothing except sjp sent with a signed statement from dvla authorising charge |
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Sat, 14 Jul 2018 - 19:50
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#4
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Member Group: Members Posts: 13,581 Joined: 28 Mar 2010 Member No.: 36,528 |
sorn was HAND DELIVERED to dvla in swansea Why do that? Do it online and you get an immediate acknowledgement, so you avoid this nonsense. You presumably have no record at all of the hand delivery, and you have to hope that the court believes you hand delivered the form. -------------------- |
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Sat, 14 Jul 2018 - 20:46
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#5
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Member Group: Members Posts: 3,306 Joined: 4 Mar 2017 Member No.: 90,659 |
So you are going to a bricks and mortar court?
Was there a reason that you hand delivered it to the DVLA, as in you had to go for another reason, family member works there, you live 100m away, etc? You are correct in that there is no obligation to chase. The exact obligation is to "the keeper of the vehicle shall make the required declaration and furnish the required particulars [to the Secretary of State] in relation to the vehicle... not later than that day." I think the credibility that you "furnished the required particulars" i.e. gave them the form in court will depend on your explanation as to why it was hand delivered, and any supporting evidence - for example a smartphone location trace, receipt nearby, etc. The fact it is such an unusual method of delivery could go in your favour if it is adequately explained. Also I assume you hand delivered it to a reception desk with a reasonable chance of them being able to send it to the right department, not a contractor or night security desk or something? This post has been edited by notmeatloaf: Sat, 14 Jul 2018 - 20:51 |
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Sat, 14 Jul 2018 - 23:45
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#6
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New Member Group: Members Posts: 3 Joined: 14 Jul 2018 Member No.: 98,885 |
So you are going to a bricks and mortar court? Was there a reason that you hand delivered it to the DVLA, as in you had to go for another reason, family member works there, you live 100m away, etc? You are correct in that there is no obligation to chase. The exact obligation is to "the keeper of the vehicle shall make the required declaration and furnish the required particulars [to the Secretary of State] in relation to the vehicle... not later than that day." I think the credibility that you "furnished the required particulars" i.e. gave them the form in court will depend on your explanation as to why it was hand delivered, and any supporting evidence - for example a smartphone location trace, receipt nearby, etc. The fact it is such an unusual method of delivery could go in your favour if it is adequately explained. Also I assume you hand delivered it to a reception desk with a reasonable chance of them being able to send it to the right department, not a contractor or night security desk or something? we was passing there to go to a funeral in the cemetery behind the dvla in swansea and thought it would be just as quick to drop it in rather than post it as we literally was passing the front door of he building, that is the only reason we hand delivered it and the person we handed it to was a member of staff not a security guard as she was telling people it was half an hour wait and we said we just had to drop it off and she said we could leave it with her sorn was HAND DELIVERED to dvla in swansea Why do that? Do it online and you get an immediate acknowledgement, so you avoid this nonsense. You presumably have no record at all of the hand delivery, and you have to hope that the court believes you hand delivered the form. we was passing there to go to a funeral in the cemetery behind the dvla in swansea and thought it would be just as quick to drop it in rather than post it as we literally was passing the front door of he building, that is the only reason we hand delivered it and we didnt do it online as we never had the internet installed until 1st september of last year |
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Sun, 15 Jul 2018 - 07:24
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#7
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Member Group: Members Posts: 4,126 Joined: 31 Jan 2018 Member No.: 96,238 |
Sounds like the OP has the making of a good defence - an easily obtained copy of the Order of Service and witnesses that can place him next door to the DVLA on that date
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Sun, 15 Jul 2018 - 11:06
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#8
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Member Group: Members Posts: 3,306 Joined: 4 Mar 2017 Member No.: 90,659 |
Exactly as Redivi says, take an order of service if you have one, and any other evidence you have. If you or your partner has a smartphone with location tracking go back and screenshot the trace of you going to the DVLA.
Take a copy of this letter with you, confirming that the DVLA have no method of knowing that a letter received at point A is received at point B, and that they acknowledge that they lose letters internally that they know to be received from an external source, and IMO you should have a very high chance of acquittal. https://www.whatdotheyknow.com/request/8066...ns%202.doc.html |
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Lo-Fi Version | Time is now: Wednesday, 17th April 2024 - 19:06 |