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Ask Alice H Your Own Question

Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2849
Experience:  Partner in national law firm
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Hi- have had a summons to the magistrates for failing to notify

Customer Question

Hi- have had a summons to the magistrates for failing to notify dvla of the change in owner of my previous vehicle. I sent the v5 document to them and thought nothing more of if. Dvla have supposedly sent an out of court settlement penalty form that I have not received, and have summoned me to court. I rang dvla who advise they can now no longer help me and I need to deal with the court. Any ideas?
Submitted: 3 years ago.
Category: Law
Expert:  Alice H replied 3 years ago.
My name is Alex Hughes and I'm happy to help with your question today.

Do you have a copy of the V5 that you sent and/or proof of posting?
Customer: replied 3 years ago.
No - have no copy and posted first class. Never had an issue before so just posted in the post box
Customer: replied 3 years ago.
Not sure if the last message sent. Don't have a copy of the v5 document I sent. I sent first class post but I am sure that once I have done yang and put the letter in the post box it is classed as served, and is up to the dvla to prove I did not send it?

I have had no letter sent to me or penalty notice however the dvla state one was sent to my address. When trying to speak to them today they have told me I can not speak to them any longer and I can only speak to and deal with the clerk of the court? Not sure what to do next
Expert:  Alice H replied 3 years ago.

There are two things you can do:

1/ You can write to the prosecution team, whose details will be on the summons, to explain that you submitted the V5 in good time and that it would not be in the public interest to pursue a prosecution. Its important to try and pinpoint the date on which you submitted the form and make it clear that you do not accept the penalty. If the accept your representations the matter will dropped;

2/ Alternatively you will have to defend the matter at Court. DVLA has to prove beyond a reasonable doubt that you failed to submit the V5. They will do this by simply saying that there is no record of receiving the form. Your defence is that you submitted the form properly and in good time. If the Court accepts this explanation they will find you not guilty.

I'll be quite frank with you - the chances of DVLA dropping the case now or offering your the out of court settlement is unlikely but its worth a try. I suspect they will just let the Court make a decision. I reckon that if you attend and put forward your defence there is a chance the Court will decide to give you the benefit of the doubt and dismiss the summons.


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