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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70118
Experience:  Over 5 years in practice
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I have received a court summons from DVLA reference allegedly

Customer Question

I have received a court summons from DVLA reference allegedly not informing them I had sold my car, however I sold the car on the 3 January 2013 and I sent a V14 with the V5C on the 4 January 2013. On 15th January I received a letter saying they had received no such paperwork, so I sent a letter explaining this. They responded by sending me a fine, I phoned the department issuing the fine to speak to a customer assistant for advice, but was informed there was no one available for this, they were a payments section only. I requested a number for the dvla customer services department to be told they did not have one. I asked for a complaints department number to be told they did not have one that I would have to put everything in writing. A few days after this, I received a cheque in response to the V14 so took this as evidence that they had received my paperwork. I put this in writing to DVLA and heard no response. Yesterday I received a court summons. Please advise.
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.

Thank you for your question . My name is Jo and I will try to help with this.

In order to give you answer tailored to your circumstances I will need to ask you some preliminary questions so that I can consider your position from all angles.

How can I help with this situation with the DVLA?
Customer: replied 4 years ago.

I intend to plead not guilty and go to court as I am being prosecuted for taking the correct action.

Expert:  Jo C. replied 4 years ago.

So what would you like to know about this?
Customer: replied 4 years ago.

What do you recommend I take to court as evidence? Also I am a teacher, will this criminal record effect my enhanced disclosure?

Expert:  Jo C. replied 4 years ago.

If you are convicted then this is a criminal conviction but its a non recordable offence so it should not show on your check. Much like a speeding offence. Not all road traffic falls into that category but this does.

I'm not sure what you want to take with you? There is only one issue and that is whether or not you send the forms to them. If you have sent this recorded delivery then certainly you should produce evidence of that. If you have any other evidence of postage then that should be produced.

unless you did send it recorded delivery though, there will be no way of proving incontrovertibly that you did place it in the post. It will be a matter of giving evidence on the point.

In fairness, you might well win on that point. Despite how the DVLA behave, your obligation is to complete the forms and send them in the post. It is not to ensure they are received.

They are not likely to have any evidence that you didn't send them. All they will be able to say is that they were not received.

If you can assert truthfully that you did send them then you just give evidence on that. Obviously you have to be reasonably credible on the point but in the absence of evidence to the contrary you would probably win it.

Hope this helps. Please let me know if you need more information.
Customer: replied 4 years ago.

On the court summons I have been given the option to request the witness from DVLA to be at court. Would you recommend that I request this?

Expert:  Jo C. replied 4 years ago.
Not really.

You don't dispute any of their evidence. Theres nothing to put to them. The only issue is whether or not you sent it.

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