DVSA (Driver and Vehicle Standards Agency) MOT Testing Investigation involving MOT Vehicle Testing Stations and Testers
If you are an MOT Tester, an Authorised Examiner (AE) or manage a MOT Testing Station and have been subjected to unfair or discriminatory action by an MOT investigation we would like to hear from you.
Background
MOT Vehicle Testing Stations and MOT Testers are subjected to regular and routine policing and investigation by DVSA Vehicle Examiners and when disciplinary action is taken, quite often authority to conduct MOT tests is withdrawn. It can result in a loss of revenue, sometimes in excess of seven figures.
When MOT Vehicle Testing Stations face disciplinary proceedings MOT consultants will often be consulted but many of the consultants are ill-equipped to provide a forensic defence to the allegations; usually, they are former testers or former DVSA employees, who are without an investigatory or legal background. When legal advice is sought, it is the case representation is often inadequate and moreover, costly.
Our involvement
An Authorised Examiner (AE) and an MOT Tester, have blown the whistle and have asked us to investigate allegations of what can only be described as corrupt practices by DVSA personnel, involved in investigating a series of alleged fraudulent MOT tests, which have resulted in disqualification from the MOT Testing Scheme.
The whistleblowers have highlighted the appalling representation by two firms of MOT consultants and even worse legal representation, which will eventually result in a formal complaint to the Solicitor Regulation Authority (SAR).
Our initial action
The whistleblowers are now represented by a legal services company, Commleg, together with a leading firm of MOT defence specialists, Automotive Auditors (www.automotiveauditors.co.uk). We have examined the evidence Commleg and Automotive Auditors have produced and without shadow of doubt, the evidence supports the allegations of not only a miscarriage of justice but the alleged commission of criminal offences by DVSA personnel.
We advised the whistle blowers to make a formal complaint, directly to the CEO of DVSA, Loveday Ryder, using the auspices of a Member of Parliament and ultimately, the Minister of Transport, Richard Holden MP, the Minister of Transport for Roads and Local Transport.
Through their representatives and Member of Parliament, Will Quince MP, the whistleblowers served on Loveday Ryder, the CEO at DVSA, a report, which provided a forensic analysis of the evidence to support the allegations. In addition, to the report, which exceeded 150 pages, Loveday Ryder was served with statements and exhibits, which supported the allegations.
In addition to the allegations relating to actions of DVSA investigators to secure an unjust disqualification from the MOT Testing Scheme, the report contained allegations of misconduct in a public office.
Misconduct or misfeasance in a public office is a criminal offence committed by anyone who is paid by the public purse and conducts himself/herself in manner, which results in a serious, wilful abuse of power or the neglect of the position or responsibilities associated with his/her occupation.
Although, the allegations of criminal offences, allegedly committed by various DVSA personnel are detailed within the report served on Loveday Ryder, to date Loveday Ryder has refused to commission an investigation and has refused to explain why she will not authorise an investigation or report the matter to the police. For his part, Richard Holden MP has yet to take any affirmative action and has yet to instruct Loveday Ryder, the CEO, to commence an investigation.
Further action by us
We have a whistleblower, who was previously employed by the DVSA investigative team and have spoken with companies who have taken successful legal action against the DVSA. We have also spoken with a number of MOT Testers and Authorised Examiners and have engaged with MOT consultants and legal representatives. We know DVSA's modus operandi is to obfuscate and deny access to relevant information; in addition, we are now aware of unpublished polices and the mechanics involved in enforcement proceedings.
We are convinced DVSA MOT Testing enforcement is not fit for purpose, does not comply with acceptable rules of evidence gathering, ignores evidence which could be used in defence of allegations and moreover, in proceedings, does not comply with equity of arms in legal proceedings. Currently, the disciplinary procedures adopted by DVSA are loaded against MOT Testers and MOT operatives. We would like to assimilate sufficient evidence to highlight the extent of the problem and through the media, call those responsible for the failings to account.
We are so concerned by the potential injustices involved in MOT disciplinary enforcement, we have liaised with Automotive Auditors and have produced a fact sheet outlining the action Authorised Examiners and MOT Testers should take at the slightest hint of DVSA disciplinary action.
A copy of the fact sheet is available at admin@whistleblowers.uk.com.