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Sickpup
I need help.

Back in may this year I asked DVLA a very specific question in relation to SORN under the FOI which they refused to answer. When I pointed out they had not answered it was passed on to the head of the Preston office who also refused to answer. It was then passed onto the Borehamwood office who did answer and backed me up in writing but then had a different explanation on the phone that backed them up. The question is now on the Chief Executives desk.

The information has also been passed on to a journalist who is trying to get the story published and I am awaiting a reply from an MP.

As the investigation with the DVLA has been going on all alleged fines against me have been held on stop. Last week this changed. DVLA instructed the Debt collectors to pursue the fines even though the question was still to be answered by the Chief Executive. I originally thought this was a mistake until it emerged that DVLA had passed on my ex-directory land line No. as well as my date of birth, two pieces of information they shouldn't have had in connection with a SORN fine. In over words it would appear I am now being investigated.

In a nutshell it would appear that since either November 2003 or march 2004 (can't even be certain of these dates) but definately since April last year DVLA have been acting wothout lawful authority, thats about as much as I can say at the moment. I have paperwork to back this up including paperwork from the DVLA and there is no doubt they have been naughty.

As I said I need help, if anyone can recommend a solicitor with experience that would be willing to get involved with this for free or of any way I could get legal aid for this I would be in your debt. As an aside it won't cause a collapse of the SORN system but it just may cause a huge amount of embarrassment and give quite a few people a case to sue DVLA for damages.

Thank you.
emanresu
The DVLA seems to be the government's rotweiller. Totally out of control and powers the HMRC would be proud of.

Could we have a specific SORN / DVLA section so we can fight back and get some justice from these guys.

Found this on CAG which seems to show that DVLA can issue (real) fines without listening to any representation, by acting under its own rules, and even ignoring the OP's FOI requests.

How about their own section?

QUOTE
The DVLA has issued me with a “penalty” for allegedly not registering my vehicle as SORN.

Notwithstanding the fact that I advised the DVLA of the vehicles status, being taken by a salvage company for monies owed, but by virtue of the fact that the DVLA method of trial is a computer database and the postal system, I consider that the DVLA is acting Ultra Vires by attempting to extort monies from me without due legal process, as is my right under article 6 of the human rights convention and under the Bill of rights 1689. The DVLA is not a Court of Law nor is it a competent authority for the following reasons:


Article 6 of the given European Convention on Human Rights provides that -


"In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. Judgment shall be pronounced publicly but the press and public may be excluded from all or part of the trial in the interests of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice."
The said appeals service offered by the said DVLA is not established in accordance with law, as required by the said Article 6 of the European Convention on Human Rights -
in that:
The basic laws of the United Kingdom as provided within the Common Law of the Kingdom of England with the Principality of Wales and the province of Northern Ireland, and as further enacted by the Crown and Parliament of the United Kingdom to the purpose of establishing and preserving the Civil Liberties of all people living within the territories of the United Kingdom –

which Common Law may not be repealed and which Statute Law remains un-repealed -

have been and are now being violated by the provisions of such enactment as now claims to provide lawful authority for the existence and conduct of the DVLA, but which fails to provide any such lawful authority, because of the given violations to Constitutional Laws and Provisions which retain the force of law.

In evidence of the submission given, a full reference is made to the text of the Common Law Charter of King Henry III, dated 1225 (the existence of which Charter is now evidenced by the text of the 1297 enactment of King Edward I and his parliament), and a further full reference is made to the several texts of the Declaration & Bill of Rights (variously dated February & December of 1689) –

which latter documents now serve to define and restrict the powers of the Crown in Parliament, to the purpose of preserving Peaceful Government under the Rule of Law,

Article 234 (formerly Article 177), of the Treaty establishing the legal entity that is now known as the European Union now provides -


  • that the European Court of Justice shall have jurisdiction to
    give preliminary rulings concerning -

    (a) the interpretation of the Treaty;

    (b) the validity and interpretation of acts (entered into) by the
    institutions of the Community and/or by the European Bank;

    © the interpretation of the statutes of bodies established by an
    act of the Council, where those statutes so provide.
  • Where such a question is raised before any court or tribunal
    of a Member State, that court or tribunal may, if it considers
    that a decision on the question is necessary to enable it to
    give judgment, request the Court of Justice to give a ruling
    thereon.
  • Where any such question is raised in a case pending before
    a court or tribunal of a Member State against whose decis-
    ions there is no judicial remedy under national law, that court
    or tribunal shall bring the matter before the Court of Justice.
Magna Carta of 1225, confirmed by the Statute of 1297.
"We will not pass upon him, nor [condemn him], but by lawful judgment of his peers, or by the Law of the Land."

I contend that the clear option as to method of trial is an option that belongs to me as my property, and that title to this property is confirmed by the Confirmation of Liberties given in Magna Carta-

"We have granted also, and given to all the Freemen of our Realm, for Us and our Heirs for ever, these Liberties underwritten, to have and to hold to them and their Heirs, of Us and our Heirs for ever"

I also contend that the substantive law relevant to this hearing is further declared by the provisions of the Declaration of Rights and further secured by the Bill of Rights subsequently enacted -

"That all grants and promises of fines and forfeitures of particular persons before conviction are illegal and void"


As such, I do not recognise the DVLA’s authority to issue penalties/fines nor have I had a trial within a competent criminal Court to find guilt under a section 31A offence of not procuring a vehicle licence. Should the DVLA insist on pursuing this unlawful course of action, then I request that you refer the matter to the European Court of Justice under article 234.
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