DVLA CLAMPING SUCCESS

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PLATO
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Joined: 22 Mar 2016 14:40

#1 DVLA CLAMPING SUCCESS

Post by PLATO » 06 Apr 2016 14:13

I appeared in court today to defend a charge of no road tax

Last year in August 2015 my vehicle was clamped (by NSL a agent for DVLA)whilst it was unattended on the highway. I had to pay £100 to have the clamp removed

At the time i had run out of petrol and was on my way to a scheduled MOT appointment.Signage was placed on the windscreen with this information whilst i walked to the petrol station.

In court today i used my defence under The Vehicle Excise and Registration Act 1994, Schedule 2-Exempt Vehicles
22.-(1) A vehicle is an exempt vehicle (from VED) when it is being used solely for the purpose of ;

(a) submitting it (by previous arrangement for a specified time on a specified date) for a compulsory test.

I submitted evidence to support my defence with a letter from the garage.......I was then cleared of all charges by the magistrates on advice from the legal advisor in court.

Does anybody know how i can now claim back the £100 i paid to have the clamp removed and also how i could claim or apply for wasted costs and personal expenses.

One thing that is really annoying .....during the whole process the Prosecutor for the DVLA was giving advice to the two Magistrates and the legal adviser, it wasn't until i challenged her and asked if she was legally trained to give out such information, that she said she wasn't legally trained. I then asked her to stop advising the Magistrates !!!!!!

Any advice would be welcome

Cheers Platty

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Amy
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#2 Re: DVLA CLAMPING SUCCESS

Post by Amy » 06 Apr 2016 14:40

Very well done on your success.

Did you not have the opportunity to claim costs at the hearing today or were you turned down?

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jasonDWB
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#3 Re: DVLA CLAMPING SUCCESS

Post by jasonDWB » 06 Apr 2016 15:14

You have to recover it from the company you paid it to. Your expenses are claimable from the company that clamped the car. They can pass it on to DVLA if they think its their fault.

The Prosecutor is an officer of the court and the magistrate can take advice from him. Its the same if you are represented. A court legal adviser is (should be) qualified as a solicitor and have a practicing certificate. They are employed by HM Court Service, but the pay is seriously crap! They are the kind of solicitor that cannot find work in a firm, or lack the flair to source their own private clients. That's why they end up working at Court Service.

If you were represented, your solicitor recovers costs as a Defendants Costs Order.
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PLATO
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Joined: 22 Mar 2016 14:40

#4 Re: DVLA CLAMPING SUCCESS

Post by PLATO » 07 Apr 2016 19:55

thanks for the replies.... i asked about claiming costs but i was told to put it in writing ......i will now contact the court and see if i can make any claim through central funding and also contact the agent (NSL) for a refund of costs

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jasonDWB
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#5 Re: DVLA CLAMPING SUCCESS

Post by jasonDWB » 07 Apr 2016 20:18

They will just fob you off. You can only bring an action through the courts. NSL can reclaim it from DVLA because they were under contract.
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