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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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I have a failure to notify DVLA about a change of vehicle ownership

Resolved Question:

I have a failure to notify DVLA about a change of vehicle ownership due to be heard in magistrates court later this month but a few things are a but amiss:
1. the date of the offence is wrong, I sold the vehicle to a garage in a part/ex deal on the 26/6 but the offence took place on the 25/7/13 clearly when the garage sold it on.
2. I have just received the papers 11 days after the original requisition was signed and therefore I am outside of the allowed 7 days to return the not-guilty forms
3. The garage (reputable) must have had a V5 in their name to sell the car on.

So can I really be found guilty? yes I know it is a strict liability offence but I did post the document to the DVLA but how can I prove it?? hence my reliance on the above notes!
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

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

Is there any reason you think these points may affect the verdict?
Expert:  Jo C. replied 3 years ago.

Jo C. :

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

Jo C. :

Did you fill out the V5 at the time of sale?

Customer: replied 3 years ago.

Hi Jo,


 


Just looking at all the angles, I know I sent the paperwork off but I believe that if I do not receive confirmation from the DVLA it is then my responsibility to chase them up!


So with regards XXXXX XXXXX they have got them very wrong but will this effect the outcome? as I can prove I did not own the car at the date of the alleged offence.


 

Expert:  Jo C. replied 3 years ago.
Hi

Sorry for the glitch above. I can see what your asking.

You do actually have a reasonable chance here but you need to focus on the right points.

On your specific points

1. I'm not sure I agree this is wrong. They say you didn't tell them and if you didn't then any date after the date of sale can be indicted. If it is wrong then they will just amend it anyway.

2. That is no particular issue. You can attend court and plead but even if you do nothing they will just direct a not guilty plea and set it down for trial.

3. They probably applied for a replacement.

However, your obligation is actually discharged when you place the documents in the post. You don't have an obligation to nag the DVLA to check they have it.

The crown have to prove that you didn't place it in the post. You do not have to prove that you did.

You will have to give evidence on the point and have to be reasonably credible but unless the bench disbelieve you then you will probably win that.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

Hi Jo,


That was the section that was vexing me a little as it seems absurd to prove or disprove a letter was sent unless sent recorded delivery which DVLA do not accept! So how on earth can they ever make it stick?


Just with regards XXXXX XXXXX if they applied for a replacement surely it would still have my name on it and therefore be sent to my home address? if it had my name on it how could the garage have 'officially' signed it?


 

Expert:  Jo C. replied 3 years ago.
Well, usually because people cannot truthfully say that they did put it in the post and they are either honest and plead or dishonest and lie and are disbelieved. Quite often they bury their head in the sand and ignore it and get convicted in absence.

Obviously we can't say what the garage did. I suspect they told the DVLA of the change which is what alerted them to the fact that you didn't. You could try asking the garage as they may turn into witnesses for you
Jo C., Barrister
Category: Law
Satisfied Customers: 70008
Experience: Over 5 years in practice
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