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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69545
Experience:  Over 5 years in practice
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I have received a requisition from the DVLA to attend court

Resolved Question:

I have received a requisition from the DVLA to attend court for owning a vehicle which did not meet the insurance requirements. I had sold the vehicle to a scrap dealer as the engine had blown up, and had sent the relevant paperwork to the DVLA for change of ownership.
The date of the offence is some 4 months after this.
The court date is 12/01/2015!!
I don't have any proof of posting the documents so unsure what to do!
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.
Will the dealer confirm that you did sell?
Customer: replied 2 years ago.
Unfortunately I do not have any details of the dealer the vehicle was sold to as I shredded the section of f the V5 with his details on, a couple of months after selling it as I did not think I would need them!
I do not have any means of contacting him as he was a passing scrap dealer!
Expert:  Jo C. replied 2 years ago.
It is a difficult situation,.
Come what may, you are still the registered keeper and so responsible for insurance and this vehicle is not insured. Generally speaking traffic offences are ones of strict liability but there are cases that consider what strict liability actually means and it has really been decided that you have to do something to contribute to the situation.
I used to prosecute these things all the time and the DVLA and CPS would often drop prosecutions if a person could prove they had notified the DVLA and they hadn't acted upon it or it had been lost in the post.
The difficulty here is that you seem to be of the view that you cannot do that. For future reference it is always better to send things off recorded delivery to the DVLA. They are a nightmare. Even if it reaches them it goes to the wrong department. You could still try to persuade them. I suppose you could give evidence of the date upon which you sent it off and the pillar box that you used.
On the point of the dealer, that isn't particularly helpful either. At least the car is scrapped so you are not going to be liable for speeding fines and parking offences etc.
Sorry if that is bad news but I have to give you truthful information.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.
So should I plead guilty to the offence?
Expert:  Jo C. replied 2 years ago.
It depends if you want to take the risk of costs.
If you have a trial and lose the costs would be roughly £200-£300 probably.
I think if you could prove your account you would almost certainly walk away with nothing . The difficulty here is that you cannot as a question of fact.
Jo C., Barrister
Category: Law
Satisfied Customers: 69545
Experience: Over 5 years in practice
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