Woman wins her battle to get car back – but it's been destroyed
A TAMWORTH woman who's car was "unlawfully" towed away and was fined in court without her knowledge took on the DLVA in a battle to clear her name and won – only to discover her car had been crushed.
Anita Underhill-Smith, of Grassholme, Stonydelph, has endured a two-and-a-half year battle with authorities.
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Anita Underhill-Smith wins a battle against the DVLA to clear her name.
The 49-year-old said she only found out she had been fined when she read about it in the Herald.
"The last two-and-a-half years of my life has been terrible," she said this week. "No-one should have to go through it.
"There are times when I have not slept. I suffer from anxiety and panic attacks."
She said the nightmare began after she bought a Vauxhall Astra to have driving lessons, but the vehicle was damaged by car thieves in 2009. Because she could not afford to repair the car, she declared Statutory Off Road Notification (SORN).
"I asked the police if it could be parked at the back of my home and they said it would be OK," Anita explained.
"Because it was broken into I could not afford to get it repaired, but I kept it insured.
"In the November one of the neighbours knocked on the door saying there was a warning sticker on the car. I tried to telephone the number but there was no answer."
But she said the next day she looked out of her window to see her car "going down the road on the back of a truck."
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"I phoned the DVLA and the council but no-one could tell me where my car had gone.
"I was just banging my head against a brick wall. It was phone number after phone number after phone number.
"The DVLA did not know where it was. Nobody knew."
In the January of 2010 she moved house but it was in September when she had "two men banging at the door".
"They said 'we are here to arrest you for non-payment of a fine'," Anita continued.
"I told them I had not had a fine, but I was taken to Cannock and into court, but no-one had any paperwork."
She was told by magistrates the situation would be resolved.
But then eight months later, in 2011, Anita's name appeared in the Herald's weekly court lists.
The list, provided by the courts, stated she had been convicted of keeping an unlicensed motor vehicle on a public road and had been fined £235, with additional costs.
She still did not know anything about the fine.
"I went to work and everyone said 'you're a dark horse'," said Anita.
"Then I read in the Herald I had been fined. I sent a letter to the court, saying I refused to pay and would appeal."
Then earlier this month she appeared at Stafford Crown Court – and the case was thrown out.
"A judge ruled that my car had been taken unlawfully," she said. "I represented myself against a barrister from the DVLA. The judge asked if I had any questions and I said 'where's my car?'"
But investigations revealed that her car had been crushed.
Anita said: "It's wrong. It's awful to see your name in the paper guilty of an offence and you know nothing about it."
Anita said she would be seeing a solicitor this week to pursue compensation from the DVLA. The car was worth around £900 when seized.
A DVLA spokesman told the Herald it could not comment on individual cases.
"The vehicle keeper is responsible for ensuring their vehicle is fully licensed, insured and holds a current MOT while it is used on the public highway," she said.
"If a vehicle is not currently on the public highway, it must still be licensed or have a Statutory Off Road Notification and be kept off road. If this is not done, the vehicle may be clamped, impounded and ultimately disposed of."







2 Comments
by OscarOneThree
Saturday, January 21 2012, 2:30PM
“Seems like another example of the complete reliance on electronic systems. In other words 'computer says no' syndrome. Another example of ordinary people not being listened to by 'authority'. 1984? Is it all coming true? Are we all being treated with contempt?”
by weskiwi
Friday, January 20 2012, 11:03AM
“So pleased for this lady, and the courage displayed to take on court officials, DVLA and all the other beaurocracies. A DVLA spikesman commented that they were not allowed to comment on individual cases; well, they should be made to, as it is a simple cop out by organisations with size ten boots, to evade resposnibility. They are all at it, councils, police etc.
I see no mention of any awards to this lady for her many many problems in dealing with, either inefficiency, or plain bossiness.”