SPC Engineering and Transport Services Limited, a private vehicle testing garage has filed a writ at an Accra High Court against the Driver and Vehicle Licensing Authority (DVLA) seeking an order to restrain the DVLA from interfering in its operations.
The decision of SPC to go to court stems from a letter it received from DVLA informing it of a temporal suspension of services SPC renders to the public.
On 9th April, 2015, the Chief Executive Officer of DVLA, Mr. Rudolph Beckley signed the said letter of suspension, citing complaints from customers and enquiries from some government institutions as basis for the Authority's action.
According to the letter, Management of DVLA decided to suspend SPC's services temporarily to enable the Authority "effectively correct the anomalies in the operational activities at the testing facility."
The said letter also stated poor management of service points, lack of coordination in testing activities, poor workflow and documentation processes, poor customer care or welfare and poor orientation of staff and management as reasons for suspending SPC's services.
In a writ dated 17th April, 2015 and served on DVLA, SPC is praying the Court to grant an order for interlocutory injunction restraining DVLA from interfering with its lawful operations as a private car testing garage.
It is also seeking an order to restrain DVLA from publishing in the media any administrative matter relating to SPC.
In their statement of claim, SPC Engineering and Transport Services Limited said it was authorised by DVLA on 1st August 2007 to operate as a vehicle testing station at the Gicel Estate, Weija in Accra and that since 2011, it operated as such on behalf of DVLA without any hitches or queries even in the face of delayed payments from DVLA.
It however indicated that, management's attention was drawn to radio broadcasts to the effect that their services have been suspended by DVLA, and subsequently was served with a letter dated 9th April, 2015 with a caveat that the facility will only be permitted to resume operations when "all systems and arrangements of operations have been proved okay."
However, SPC Limited indicated that prior to the letter, it had neither received any complaint from any customer, State institution or DVLA about its operations, considering the action by the Defendant (DVLA) to be in bad faith since contents of the letter was caused to be published in the media before they were served.
The Plaintiff (SPC Limited) also indicated in its statement of claim that, since it was not given the opportunity to respond to the allegations contained in the said letter, the action as brought against it to unilateral suspend its operations is an "abuse of powers vested in the 1st Defendant."
SPC Engineering and Transport Services Limited is also seeking a declaration that the decision of DVLA to suspend its operations without giving any opportunity to respond to the charges is in breach of the rules of natural justice and abuse of its powers and that unless compelled by the orders of the Court, the 1st Defendant (DVLA) will not abate in the wrongful exercise of powers vested in it to the detriment of SPC Limited.
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