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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69359
Experience:  Over 5 years in practice
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I have received a court requisition letter from the dvla informing

Customer Question

I have received a court requisition letter from the dvla informing me that the previous vehicle I owned has got no insurance on 07/08/2012. However, I handed my vehicle back to Audi on 21/03/2012 and consequently do not need to insure it anymore. Now according to the dvla computer system I was still the registered keeper at the time but I have sent them change of registered document to dvla, informing them of this. They sent a letter on 28/08/1012 saying they have updated this on their system. I'm not sure why it has taken so long to update this and I have sent them previous correspondence to existing fine letters that I am not the registered keeper anymore.

What should I do?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.

How can I help with this?

Customer: replied 3 years ago.

FOR JOMO1972



I have a court requisition on 13/02/2013 and I would like to know how best to proceed with the initial question? I also have send back a response of guilty or not guilty to the alleged offense.



I am not guilty of this as I did not have the car from 21/03/2012 and I can prove this with a letter from audi, however, because the DVLA system has my name down as the registered keeper on 07/08/2012 it has fallen into my lap. My details were changed on 28/08/2012 to not be the registered keeper.

Expert:  Jo C. replied 3 years ago.
Yes, I understand the facts.

What I need to know is what is your question about it?
Customer: replied 3 years ago.

FOR JOMO1972



What is the possibility that I will get fined for this?

Expert:  Jo C. replied 3 years ago.
When did you write to them?
Customer: replied 3 years ago.

about two months before 07/08/2012

Expert:  Jo C. replied 3 years ago.
Did you send it off recorded delivery?

Also, whats the legislation on your summons sheet and i will look at the defences.
Customer: replied 3 years ago.

No I did not send it recorded delivery.


 


I have copied a snippet of the letter for your reference.


 


Statement of Facts


--------------------------


On the 07/08/2012 the defendant was the registered keeper of an uninsured motor vehicle, registration mark ML09EWF.


 


In accordance with Section 12(7) of the Magistrates' Court Act 1980, the above statement of facts will be read out in court, if you inform the clerk of the court that you plead guilty and wish the court to deal with the case in your absence.


 


Notice of Penalties


--------------------------


Derived from Section 144A(1) of the Road Traffic Act 1988. The maximum penalty on conviction is £1000.00 being level 3 on the standard scale. The prosecutor will also ask for a minimum contribution of £110.00 towards legal costs.

Expert:  Jo C. replied 3 years ago.
Ok.

This is a fairly new offence brought in by the Road Safety Act 2005. You will find it here

http://www.legislation.gov.uk/ukpga/1988/52/section/144A

and unfortunately your account doesn't give you a defence. Come what may, you were the registered keeper.

There are two options. The first is to make representations to CPS that its not in the public interest to prosecute you. I think probably if they accepted your account as a truthful one they would take the view its not in the public interest. Whether they would accept it as truthful depends on what evidence you have. It would have been better to send it recorded delivery. Failing that, you could try asking the DVLA to confirm date of receipt of the letter. They must have received the letter or they could not ultimately have removed it from your name.

Failing that, the second is to pay the fine imposed and seek compensation from the DVLA. Your problem there is that this is really just negligence on their part and that unfortunately doesn't make them liable for pure economic loss - e.g the fine.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please remember to rate my service either OK SERVICE or above and then I will give you related information for free.

Jo C., Barrister
Category: Law
Satisfied Customers: 69359
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Even if I can prove that in reality I was not the registered keeper of the vehicle does this matter? I have a letter from audi saying that the vehicle was transferred on 21/03/2012?

Expert:  Jo C. replied 3 years ago.

If you can show you are not the registered keeper then that is a defence but that would be taken from the DVLA records.

The issue is whether the DVLA registered the new keeper.

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