My day with the Magistrates....

[Workingman]

... thanks to DVLA.

If you remember my motorbike was written off, and after a bit of clerical confusion I eventually got acknowledgement from DVLA that this was the case.

Then came December and I was ordered to Court to explain why I had not insured it in June last year - long after it was written off. So, letters and phone calls went back and forth until, on 07th Jan 2016, I got a letter to say the case had been dropped and no further action would be taken.

Phew!

However, on the 27th Jan 2016 I got a letter from West Glamorgan Magistrates to say that DVLA (unknown to me) had been to Court on 14th Jan 2016 and the case had been transferred to Leeds fo the 10th Jan 2016 - for Trial. There was a warning that if I did not attend a warrant for my arrest, and possible custody, would be issued.

Cue more phone calls to DVLA, West Glamorgan Magistrates and Leeds Magistrates. DVLA promised calls back - none came. West Glam confirmed the transfer. Leeds confirmed the date and that the case was active. Now, with time running out it got to the stage when I thought 'Sod it, I am going to court' - I will represent myself.

On Tuesday I gathered together all the paperwork in reverse chronological order, then went to bed. Did I sleep? Not a bit of it. I spent all night like Lawrence Olivier going over his lines, but come the morning, despite being tired, I was up for it.

I had to be at Court by 09:30 for the trial at 10:00, but so had everyone else! At about 11:30 I was called by the clerk to an interview room - not the chambers. After some time the clerk entered with a woman, dressed rather formally in black, and left the room. She introduced herself as the prosecutor for DVLA and wished to know if I was going to go ahead with the hearing.

Yes.
Do you have a solicitor?
No, I cannot afford one and do not think I need one.

She then shuffled through her pile of papers, mine were already on the table - quite a pile.

After a while she looked up and told me she was prepared to drop the case if I could answer a few informal questions - she had no case (mental Yahoo! from me). So, I answered her questions, at great length, and with my spin on things. I was politely forceful, but I was going to have my say.

Eventually I was offered papers to sign to say the case was withdrawn and that I agreed. However, before that happened I pushed my invitation to Court towards her and requested her to annotate it with reasons why the case was dropped. She did not even hesitate. She signed my papers and I signed hers. Case over.

DVLA will now be in possession of a letter of complaint from me dealing with the whole case from the original clinical error to the threat of arrest, and my MP is CCed in. It will be interesting to read their replies.

[miasmum]

Well done Frank. I would have done exactly the same and I would now be like a dog with a bone

Dont let it drop will you?

[Workingman]

Not a chance, Shell, and thank you.

I am a bit like a terrier with these sorts of things.

[manxie]

Well done Frank.

I assume you are in the process of sending them DVLA a bill for your wasted time attending court, and telephone calls postage etc.?

I would and set my charges at £75 an hour and sting them for all you can, finally telling them unless they settle with you then you will likely be taking them to court for non payment, just like they did to you.

I'll bet they don't relish that course of action lol.

Manxie xx

[Workingman]

I have already claimed, Manxie, £50/hr, I am so cheap.

I do not think that I will get anywhere as the original clerical error was my fault. The V5C talks about SORN (not applicable) and New Owner (to me, also not applicable) so poor paperwork, but the Law is the Law.

There was no entity known as WY63RYW as it had been scrapped and broken for spares. The paperwork was with my solicitors and the assessors and I thought that it was their duty to inform DVLA - apparently not.

I did a check with a few insurers and they all said that insuring a written-off vehicle is illegal, so I could not have insured the ex-bike even if I wanted to. I think that this swung the decision my way.

[Kaz]

Wow well done Frank, I admire your style!!! xxx

I'm glad it went well, my cake-with-a-file-in baking skills are a but rusty

[TheOstrich]

Yes, very well done, WM - a result!

No need for us to organise the whip-round for your bail, then ....

File those papers under "do not destroy". I'd hate to see your name come up as a resurrected historic DVLA crime case in thirty years' time .....

my cake-with-a-file-in baking skills are a bit rusty

Is that the baking skills or the file that's a bit rusty, Kaz?

[Kaz]

Both Ossie

[jenniren]

Well done WM, I'm very impressed

[saundra]

Congratulations w m
You should be proud of yourself
I'm like you if I'm right I will argue
If I'm wrong I will apologize
Hope you get your expenses p


aid soon



Ps how's the woodworm situation