Insurance/MOT Summons

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Insurance/MOT Summons

Postby MikeThomas » Wed Jul 08, 2009 10:51 am

Well, after getting stopped on the 23rd April and told I would be reported for no tax, insurance or MOT I finally got my summons yesterday (6th July) to appear at Bridgend Magistrates Court on July 21st. The date on the summons is 30th June, the postmark is 3rd July and I only got it yesterday!

Anyway it's time to test Veronica's template found here: http://www.fmotl.com/SummonsTemplate.php and see what happens.

As far as the tax is concerned the DVLA have been in touch. They've had a Notice that they failed to respond to in time and in substance, and the last letter from them had seen the the back tax dropped and was asking for the £80 penalty charge, and threatening Court/bailiff action if I did not pay. I have'nt paid. As I see it they can whistle for it!

The 'offences' on the summons are listed as: Contrary to Sec 143 of the Road Traffic Act & Schedele 2 to the Road Traffic Offenders Act 1988 (Insurance) and Contrary to Sec 47(1) of the Road Traffic Act and Schedele 2 to the Road Offenders Act 1988.

They've sent the usual 'Plea Forms', Witness requests, Means Statement, and even a helpful little map! They've invited me to appear at 10am but insisted that I be there at least 30 minutes before. I wonder why?

Needless to say, I sent all they're paperwork back along with the rebuttal so watch this space for furthur details. :saint:
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Re: Insurance/MOT Summons

Postby markie b » Wed Jul 08, 2009 1:42 pm

maybe worth using also

Beverly Williams

6 July 2009



Thank you for your recent Freedom of Information request addressed to
the Vehicle Certification Agency (VCA) about the Private/Light Goods
taxation class. It has been passed to the Driver and Vehicle Licensing
Agency (DVLA) for reply and is being dealt with as part of our day to
day business.

Vehicle registration and licensing is governed by the Vehicle Excise
and Registration Act 1994 (as amended).

Classification for taxation purposes depends upon the construction of a
vehicle and the use to which it is put on the public road.

It is not possible to license a vehicle in the "private use" taxation
class as no such taxation class exists.

Beverly Williams
Casework and Specialist Advice
Zone 1/D16
Policy and External Communications Directorate
DVLA

Tel: 01792 788577
GTN: 1213 8577
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Re: Insurance/MOT Summons

Postby jonboy » Wed Jul 08, 2009 3:44 pm

MT are you going to make a special appearance to establish jurisdiction?

Also are you keeping the car safe, no doubt they will try and steal the car.
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Re: Insurance/MOT Summons

Postby MikeThomas » Wed Jul 08, 2009 4:30 pm

Well Jonboy, they took the car on the day and now I believe it has been disposed of. I may make a 'special apperance' to establish jurisdiction depending on the reply from the court. There should be no excuses from them as their Clerk claims to be a Barrister.
I'm currently pondering the idea of writing to South Wales Police and report the crime of theft (As Itold the Officer when he told me my car would be impounded: "If you take my personel property I will consider it an act of theft and there may be consequences.") and claim compensation. It might not work but it'll be a bloody good laugh and we might learn something.

And thanks for the letter Markie. All good info, but DVLA have been quiet lately, so the ball is in their court.
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Re: Insurance/MOT Summons

Postby jonboy » Wed Jul 08, 2009 5:11 pm

The reason I asked is that I would like to see the "in court mantra" work from start to end. I am sure if done correctly this will work.
"Reason is the life of the law; nay, the common law itself is nothing else but reason. The law which is perfection of reason" Sir Edward Coke 1552-1634.

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Re: Insurance/MOT Summons

Postby Dash » Wed Jul 08, 2009 5:16 pm

Hi MikeThomas

Just a thought for you, the reasons they have taken your car and invited you to court are all for violations of statute.
They have made an assumption that statutes apply to you. :thinks:
Here are the definitions:

Statue: Legislated rule of society which has been given the force of law.
Society: A number of people joined by mutual consent to deliberate, determine and act a common goal.

This begs the question when you joined the society by mutual consent, cos from where I’m sat if you did not join then clearly statues cannot apply to you. :rotfl:

it may be worth letting them know that they have made an error and respectfully decline there offer to adjudicate. I mean if they had asked instead of assuming that their rules applied to you then you would have advised them accordingly.

The definitions have come from wikipeda but I am sure from watching several freeman vids that the same definitions have been quoted from Black's law dictionary.
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Re: Insurance/MOT Summons

Postby MikeThomas » Fri Jul 10, 2009 9:42 am

Thanks for the info Dash but when it comes to 'legal definitions' from Blacks Law dictionary you can never rely on them. The PTB seem to change meanings and definitions to suit themselves. Probably why there are so many versions of Blacks. If you quote the 3rd edition then they'll quote the 5th.

Still not quite sure what to write to South Wales Police regarding my car. Any ideas? :puzz:
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Re: Insurance/MOT Summons

Postby markie b » Fri Jul 10, 2009 10:45 am

mike have you given them a counter claim under the universal human rights they have stopped you so takes away freedom of travel they have taken your car so that is taking away the right to own property and just because they dont provide a private use section for the taxation class that really isnt your fault is it after all you arnt the legislator.it has private/light goods section but not just private :wink: dont forget about the war crimes thingy the gov are under investigation about whilst they are under investigation you could be by paying tax aiding and abetting genocide.and considering that the government have taken upon themselves the parliament act of 1911 (which is also illigal)cancels out everything from then because unless it has recieved the royal assent then its not law.

they will usually only crush your car if its in really poor condition put into court a counter claim for the theft of property under the universal declaration of human rights and attempts at forcing you to aid and abet unlawful activities give them 7 days to respond let the courts do their leg work :wink:
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Re: Insurance/MOT Summons

Postby MikeThomas » Fri Jul 10, 2009 11:42 am

Hi Markie;
Thanks for that mate. I can only assume the car has been crushed or sold as it's not in the pound where it was taken. Nor have I recieved any correspondance as to it's whereabouts, or a bill from the towing company (Walls Ltd), or indeed anything from South Wales Police. The Court documents do not mention that the car was impounded, nor does the Policymans statement which is full of in-accuracies. On the comment box at the bottem of the form it states that after caution no comment was made. It was. I retained my inalienable rights etc. But no mention of this anywhere.

I love the Human Rights bit, and shall do some research on that subject.

The condition of the car was good for a 17 year old vehicle and was my lifeline to ferry my wife to her various hospital appointments, do the shopping and take my son 1.5 miles to school everyday.

All these things aside I've yet to meet anyone who has critisised my reasons for not taxing, mot'ing or insuring the car. In fact I've received some wonderful offers of help and discovered I had more friends than I thought I had. A lady at the school saw me biking my son to school in the pouring rain and immediatly offered to pick him up and drop him off everyday. My nieghbours across the road have taken me shopping to the nearest supermarket (4 miles away) and always ask if I need anything when they go out. I can only summise that the reason nobody has condemed me is that they know we are all being systematically ripped-off by the PTB and probable wish they could do the same.

Anyway, the Court have until Wed,14th July to respond in substance to my rebuutal notice. If they don't I will issue an Estoppal Notice if I can find one.

Cheers guys
Mike :hug:
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Re: Insurance/MOT Summons

Postby markie b » Fri Jul 10, 2009 1:31 pm

MikeThomas wrote:All these things aside I've yet to meet anyone who has critisised my reasons for not taxing, mot'ing or insuring the car. In fact I've received some wonderful offers of help and discovered I had more friends than I thought I had. A lady at the school saw me biking my son to school in the pouring rain and immediatly offered to pick him up and drop him off everyday. My nieghbours across the road have taken me shopping to the nearest supermarket (4 miles away) and always ask if I need anything when they go out. I can only summise that the reason nobody has condemed me is that they know we are all being systematically ripped-off by the PTB and probable wish they could do the same.

Anyway, the Court have until Wed,14th July to respond in substance to my rebuutal notice. If they don't I will issue an Estoppal Notice if I can find one.

Cheers guys
Mike :hug:


maybe worth asking everyone to have a community meeting and ask their opinions on the matter or maybe ask them all individually after all the laws are set for the community and if none of the community object to your veiws or actions then wheres the conflict its then on the polices head then for causing conflict if noone is complaining isnt it?

lol i just got off the phone with dvla they didnt like the questions i was asking and hung up on me i could only ask a couple questions aswell lol the guy bless him was like umm umm yeah but but umm i cant answer you will have to right in then when i said i had spoken to beverly williams case work specialist at dvla he said ok whats her number il pass you on to her so i gave him the number and the number was discontinued so i went to ask if this happens often an he said i have been advised i cant answer anymore questions have a good day burrrrrrrrrrr :clap:

ah yeah universal decloration of human rights as set out by the un treaty http://www.un.org/en/documents/udhr/
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