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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44924
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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hi,i need help with a letter which i have recieved from dDVLA

Customer Question

hi,i need help with a letter which i have recieved from dDVLA saying that to appear in court to answer the charge they put on me.
statement of facts :the vehicle was not insured.
penalties:£1000 fine and £110 towards legal costs.
they stated that they send me a letter saying to pay the fine before which i never recieved.
there was no driving involved.i gave the car to the garage asked them for MOT and to PUT ROAD TAX ASWEL.because they have trade insurance and they did that.my mrs is in wheel chair and i i have this car before.we are gone on DLA and got car from them.i was thinking to sell this car to the people who need a wheel chair accessible car for a family.
and now today i recieved this letter saying i didnt response to them or anything.
and now to appear in court.im really upset regarding this.
i dont know what to do any they send me a form to fill in to tell to appear in court and all that. can anyone please advise me i really need help.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

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

How can I help with this please?
Customer: replied 2 years ago.

hi jo,


actually i'm quiet upset about this and i dont know from where to start can you please ask me so i can give you the relevant information


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Expert:  Jo C. replied 2 years ago.
Ok.

So what would you like to know about this?
Customer: replied 2 years ago.

i would like to kknow that how can i avoid the criminal offence.and how can i pay the right fine which they send me.

Expert:  Jo C. replied 2 years ago.
The issue isn't whether you were driving. The issue is whether you kept the car insured.

Did you keep it insured?

If not, did you SORN it and keep it off road?
Customer: replied 2 years ago.

the car was uninsured.


it wasnt sorn at that point of time.


the car was kept in garage at the repair work shop.never came on the road.

Expert:  Jo C. replied 2 years ago.
Ok.

Are you asking if you have a defence? If so, its bad news I'm afraid.
Customer: replied 2 years ago.

then what you suggest what shall i do how can i take care of this matter.

Expert:  Ben Jones replied 2 years ago.
Hello, I see you have decided not to work with my colleague so I will try and help instead. Just before I proceed can I just confirm you still want us to deal with your query?
Customer: replied 2 years ago.

actually i am sitting in the internet cafe and they are going to close soon.i dont know what to do now.

Expert:  Ben Jones replied 2 years ago.
OK, sorry it just takes some time to research the law and compose a response. As far as your case stands, I am sorry to say that you do not have a defence to this charge. The allegation is not that you were driving without insurance but that you kept the vehicle uninsured.

It used to be possible to avoid this by keeping vehicles off road if they were uninsured which is what you have done. However, last year the law changed to require ‘continuous insurance’ which means that even if you keep a vehicle off road it must be insured unless you declare it SORN and keep it off road. You did not.

You can always attend court and ask the Prosecutor to review the public interest of the prosecution because it was off road. Probably that would fail but it is an option you can pursue. Alternatively, you could plead guilty by post.

The final option is to plead not guilty and fight the matter, because no one can force you to plead guilty. The problem is that you are most likely to be convicted and have to pay costs so it’s probably not a good idea.

I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you and feel free to bookmark my profile for future help:


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Expert:  Ben Jones replied 2 years ago.
Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this?

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