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steven of the family name ashley made this Freedom of Information request to Driver and Vehicle Licensing Agency
The request was successful.
From: steven of the family name ashley
16 January 2010
Dear Driver and Vehicle Licensing Agency,
Could you please send me information stating that it is under
common law jurisdiction for me to register (MY) vehicle that i have
purchased with a receipt for proof, over to you? I stress that i am
asking for common law jurisdiction not statute laws or acts. As you
will know there is a difference.
Yours faithfully,
steven of the family name ashley
From: FOI FOI
Driver and Vehicle Licensing Agency
25 January 2010
Dear Steven Ashley
Thank you for your email of 16 January to the Driver and Vehicle
Licensing Agency’s Freedom of Information portal, about the
registration of your vehicle under common law jurisdiction. Having
considered your request it has been decided that this should be dealt
with as business as usual.
All vehicle licensing and registration in Great Britain is carried out
by the Driver and Vehicle Licensing Agency (DVLA) on behalf of the
Secretary of State for Transport and is governed by the Vehicle Excise
and Registration Act (VERA) 1994 (as amended) and the Road Vehicles
(Registration and Licensing) Regulations 2002, (as amended). These are
statute laws and acts enacted by Parliament, and not common law.
Common Law (or Case Law) is the rights and protection formed under case
law, by a judge’s decision in court in relation to each individual
case. Common law has no relevance to this legislation and does not
exonerate a registered keeper from complying with this statutory
obligation.
Therefore, it is your statutory obligation to ensure that your vehicle
is correctly registered and licensed (taxed) at all times, or a
Statutory Off Road Notification (SORN) is in force.
You may be interested to learn that the vehicle register maintained by
the Agency is based on vehicles and the people – the registered
keepers who are responsible for their use and licensing on the roads.
It is not and never has been a register of legal title to vehicles. The
register held at DVLA is essentially maintained to assist in revenue
collection, road safety and law enforcement generally. It is essential
for all these purposes that the register shows the people in possession
of vehicles and responsible for their day to day use on the road. For
this reason the law requires keepers to notify the Agency as they
acquire and dispose of vehicles and Vehicle Registration Certificates
(V5C) are issued to them to help this process.
Yours sincerely
Driver and Vehicle Licensing Agency
show quoted sections
<[FOI #27113 email]> 16 January 2010 22:29:04
show quoted sections
Dear Driver and Vehicle Licensing Agency,
Could you please send me information stating that it is under
common law jurisdiction for me to register (MY) vehicle that i
have
purchased with a receipt for proof, over to you? I stress that i
am
asking for common law jurisdiction not statute laws or acts. As
you
will know there is a difference.
Yours faithfully,
steven of the family name ashley
show quoted sections
From: steven of the family name ashley
26 January 2010
Dear FOI FOI,
Your reply has not given me any different information that i dont
already know, i.e why i asked where under common law does i say i
have to do this. As you may know statute law is merely a force of
law if consent is given by the governed, so if i do not consent
which i dont, where does it say under common law that i should
register my own car to you and become the keeper not the owner. And
common law is not in fact case law it is closer to natural law, my
human rights to travel as a man not a person in my own car. Can you
please provide with information showing that this would be
"unlawful" NOT "illeagel"
Yours sincerely,
steven of the family name ashley
From: FOI FOI
Driver and Vehicle Licensing Agency
27 January 2010
Dear Steven Ashley
I am in receipt of your email of 26 January and note the contents.
This response is to inform you that if you use or keep of a motor
vehicle in the United Kingdom you are obliged to comply with United
Kingdom statute law.
I interpret your letter to imply that you refute any such obligation.
You may wish to consider seeking your own independent legal advice so
that you properly understand the fit between your view of your
obligations and the application of statute law requirements to you.
I will not engage in any discussion on this matter but confine myself
to saying that any breach by you of your obligations in statute law will
be dealt with in exactly the same way as any other person resident in
the United Kingdom. Among other obligations you must register and
licence with DVLA, any vehicle kept by you, and comply with the vehicle
registration and licensing requirements. Similarly you must seek and
keep up to date a driving licence issued by this agency if you intend to
drive a motor vehicle on the public road. There are penalties provided
for in statute law for breach of these obligations.
I write in such clear and stark terms in order to avoid any doubt. We
consider this matter closed and will not enter into further
correspondence.
Yours sincerely
Driver and Vehicle Licensing Agency
show quoted sections
<[FOI #27113 email]> 26 January 2010 18:48 >>>
Dear FOI FOI,
Your reply has not given me any different information that i dont
already know, i.e why i asked where under common law does i say i
have to do this. As you may know statute law is merely a force of
law if consent is given by the governed, so if i do not consent
which i dont, where does it say under common law that i should
register my own car to you and become the keeper not the owner.
And
common law is not in fact case law it is closer to natural law,
my
human rights to travel as a man not a person in my own car. Can
you
please provide with information showing that this would be
"unlawful" NOT "illeagel"
Yours sincerely,
steven of the family name ashley
show quoted sections
Nicholas Taylor left an annotation ( 1 March 2010)
If I may, I would like to offer some advice to the DVLA which may help them formulate a sufficient response to Steven.
The DVLA twice states that "we" (the public) have an "Obligation" under Statute Law.
Perhaps if the DVLA can produce or reference where such "Obligation" can be found?
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Thomas: Speed left an annotation (28 January 2010)
Sometimes you need to look to see what they're saying.
*IF* you REGISTER your car, *THEN* you have to comply with the STATUTORY legislation.
If you REGISTER your car you are entering into a CONTRACT.
Don't REGISTER it, you don't have to!
Bye!
Tom
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