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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 been summonsed to a Magistrates Court to answer a charge

Resolved Question:

I have been summonsed to a Magistrates Court to answer a charge that on 25/09/13 I was the registered keeper of a vehicle which did not meet the insurance requirements, contrary to Section144A(1) RTA1988.

I had written to the DVLA on 12/06/12 to inform them that the car had been transferred for scrapping on 12/06/12. My letter was had written as I could not locate my V5C. I also sent in the V14 with the tax disc. The car was scrapped on 18/06/12, and I have a certificate of destruction to reflect this fact. The car therefore, did not exist on 25/09/13 and I had taken steps on 12/06/13 to update the DVLA that the car was to be scrapped and that I was no longer in possession of it.

I do not feel that I have done anything illegal. I you be very grateful to receive your thoughts.

Thank you

In October 2
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.

What would you like to know about this please?
Customer: replied 3 years ago.

Thank you for you reply. I would like to know if there is any chance that I might lose at the Magistrate's Court.


 


If the Court accept that the vehicle did not exist on the date of the alleged offence, and that I had sent a letter to the DVLA on 12/06/13 explaining that the car was to be scrapped and that I was no longer the keeper, with that not demonstrate that I have stayed within the law?

Expert:  Jo C. replied 3 years ago.
Did you apply for a new V5C and declare the vehicle SORN?
Customer: replied 3 years ago.

No, I wrote in my letter to the DVLA that I was no longer in possession of the vehicle, and that it had been transferred to the garage that I had left it at, and that the garage were arranging for it to be scrapped, which they did. I also asked the DVLA to contact me if there were any issues. My next contact with them came in October 2012 when they sent me a £100, which I appealed on the basis that I had already informed them that I was no longer the keeper and that it had been scrapped. I received an acknowledgement slip in November 2012 which state that they had updated their records. Then in March 2013 I received a summons for Court. had thought that this had just been a clerical error in which the DVLA had not updated their records in June 2012.

Expert:  Jo C. replied 3 years ago.
Im really sorry but its bad news.

Come what may, you didn't declare the transfer to the dealer in the proper way and I imagine the dealer didn't declare it SORN.

If the transfer wasn't declared then its for you to insure the vehicle.

You could try to argue that the letter that you wrote amounted to notification of the transfer as the law doesn't actually say that you need to use their designated forms to notify but there is certainly a chance of conviction.

The other thing that you can do though is write to either the DVLA or CPS, whichever is the prosecution authority here, asking them to review the public interest of this prosecution as you did declare the transfer and they seem to have acted upon the notification. Sometimes they do drop these admin error cases.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

That seems crazy. Thank you for your answer. I too cannot find any part of the legislation that requires a person to update the DVLA on their own forms. I might have thought that they would have contacted with me had they believed that there was an issue.

Expert:  Jo C. replied 3 years ago.
Well, its a technical breach that is not in the public interest to prosecute which is why they might drop it.

I have to say though that I do agree with you. I don't see any requirement to use the DVLA's forms and you could argue that a letter was notification but I wouldn't say that to the DVLA in your representations. That will just make them dig their heels in.
Jo C., Barrister
Category: Law
Satisfied Customers: 70000
Experience: Over 5 years in practice
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