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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Hello,I sold my son's car in November 2013 and have receipt

Resolved Question:

Hello,

I sold my son's car in November 2013 and have receipt with the new owner's signature. I do not reside in this country but upon return in March to sell my house I received a letter from the DVLA saying they wanted to know if I still wanted a sorn on the car. I called them to explain that the car has been sold and necessary documents sent to DVLA for change of ownership, even offered the name of the gentleman, the new keeper, for which I got the reply .. no it's ok we can track it! Then through my door a about a week ago I receive a Requisition to appear at Cambridge Magistrates Court on the 12th June at 9.30 to answer the charge that on the 3rd January failed to notify the Secretary of State the necessary documentaion regarding the change of keeper.. but the car was sold on the 19th November, 2014 not the 3rd January 2014 as they state!!! I rang the DVLA who told me that as the
matter has now been passed to the Magistrates court there was nothing they could do. I then rang the Cambridge Magistrates Court who tried to help but just said my son would have to appear.. As we don't live here and my son has not been back to the uk for 14 years, which I tried to explain.. also I have written documentary evidence giving me, his mother to sell the vehicle on his behalf...

I have tried to seek help as to what I should do now and no one seems forthcoming, apart from appear at the court. I have done everything legal and above board as one should and feel absolutely disgusted that I or my son is made to look a criminal for doing nothing wrong.

Can you advise please.

many thanks,

Eileen
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

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

What would you like to know about this please?
Customer: replied 2 years ago.

Hello Jo.


 


Thanks for your quick response.


 


Basically I need to know


 


1. Should I go to the court on the 12th June


2. How should I deal with this


3. If I have proof of the sale


 


I feel the car has been sold onto someone else since I sold it last November as the court documents say it was sold on the 3rd January!!!!


 


Eileen


 

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

I presume your son is the summonsed person?
Customer: replied 2 years ago.

Yes but he lives in singapore and not been in the country for 14 years but given permission to me to sell his car when I returned home in march to sell our property here in the uk


 

Expert:  Jo C. replied 2 years ago.
Thanks

That is all I need to know.

On your specific points

1 There is no point in going. You are not the summonsed person. You cannot enter a plea for him.

2 He really needs to deal with it. Nobody else can. He can enter a plea by post.

3 That makes no difference. In fact, its evidence against him.

This is an offence of strict liability. Either he did inform or he did not. Since he did not, he is guilty. It only carries a fine but he is guilty.

You are not the registered keeper and so the task does not fall to you whatever your own private arrangements.

Its quite unlikely they would enforce the fine abroad anyway.

Can I clarify anything for you ?

Jo
Customer: replied 2 years ago.

No Im not happy with that response. How can he be guity when the documents ie logbook were dent to the DVLA... I actually did this myself He cannot deal with it as he is abroad somewhere and I have to wait for him to contact me in singapore or by my mobile... Wedid nothing wrong i


everything I did i have done legally and this means if he pleads guilty then he is in the wrong.. he's not We have done nothing wrong I feel it is a balls up by the DVLA

Expert:  Jo C. replied 2 years ago.

If you are displeased then I will not be able to help further.

All the best.
Customer: replied 2 years ago.

I thought you were innocent until proven guilty and we are not GUILTY!! very disappointed

Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.

I see the expert has opted out - do you still need help?

Customer: replied 2 years ago.

Well thank you for your response I must say i am very unhappy with jo! do u have access to the correspondence between me and Jo

Expert:  Ash replied 2 years ago.
1 and 2 I agree with.

In terms of evidence your son needs to submit this. If there is proof of sale then he can plead not guilty.

The court will list the matter for a trial and the Court can decide whether they believe him or not.

Of course the risk is if he loses, he will face Court costs as well. But he can enter a not guilty plea and there will be a trial. He would then be able to call you as a witness

Can I clarify anything for you about this today please?

Alex

Customer: replied 2 years ago.

Thank you very much Alex.. Ok unfortunately we do not reside in the UK and have not lived here for 14 years neither has my son. Im here to sell the house and cars etc so now how do we stand? As I said we have proof of sale of the car and the log book was sent to the DVLA soon after the car was sold in November 2013.. It appears from the courts documentation, it states that it was sold in January this year... it would appear to me that the car, after I sold it was then sold on again!!!! I only have proof of my sale..


Eileen

Expert:  Ash replied 2 years ago.
He will have to come back otherwise he could be convicted in his absence.

Therefore if you have proof that would help.

Can I clarify anything else?

Alex

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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Customer: replied 2 years ago.
Ok thank you very much. Impossible to return cause he's traveling the world at the moment. I have the proof of sale etc so will submit this recorded delivery to the magistrates court or clerk to the court via the magistrate with a covering letter. Many thanks for your help and your quick response. Kind regards Eileen
Expert:  Ash replied 2 years ago.
Thank you - good luck.
Customer: replied 2 years ago.

Thanks Alex


 


I have sent all the documentation regarding the problem to the Clerk of the Court via Magistrate recorded delivery just now so hope they receive it in time and deal with it as i feel it is out of our hands what happens to the car when it's sold is not our problem as we have dealt with it in the correct manner.regards


 


Eileen


 

Expert:  Ash replied 2 years ago.
Happy to help.

Alex

Customer: replied 2 years ago.
I did rate the service But since then I've had court letter saying case adjourned pending enquiries. There is nothing to enquire about as I've told them the car is no longer ours and everything was done legally and won't even be in the country for next court case as we live in Singapore and just sold our uk house. So wot happens now. Many thAnks eileen

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