How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70003
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

I am guilty of allowing a pile of post to go unanswered. I

Resolved Question:

I am guilty of allowing a pile of post to go unanswered.
I have been asked to attend magistrates court to answer the charge that on 11.3.15 I was the registered keeper of a car that was not insured. The facts of the matter are that the car was written off on 28.10.14 and the salvage dealer took it away. I replaced the car on 6.11.14 and this new car has been insured since that date. I have all the documents to support this.
Should I plea not guilty and start the process of proving this? I can seem to find anyway of speaking to anyone at DVLA - they will only speak with you if you are paying a fine.
If I was to pay the fine, will they cancel the court proceedings?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Did you SORN the vehicle?
Customer: replied 1 year ago.

I assumed this happened when the salvage man took the car away - I have still got the red V5 docment. They sent me back my tax disc .

Expert:  Jo C. replied 1 year ago.
Thanks. That is all I need to know.
I'm afraid the responsibility was yours to SORN the vehicle. If you did not then you do not have a defence I'm afraid.
You can plead guilty by post and they will levy a fine upon you but that will unfortunately include court costs.
The other alternative is to attend court and try to negotiate with the prosecutor that the prosecution is not in the public interest. I used to prosecute for the DVLA a bit and they do sometimes drop things but it cannot be relied upon obviously.
You can also write to them explaining and asking them to review.
On these facts though, you do not have a positive defence.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.

Thank you for your clear reply.

The only other thing that makes this a bit more complicated is that it is all in my sons name as he was the registered keeper - but he was away at university and so the post built up and now he is in the USA for 9 months. I handled all the details of the accident - it was a named driver who had the crash, not my son and as it is part of multi car policy I was able to deal with it all.

So can I deal with this plea on his behalf or do I need him to come back from the US?

Expert:  Jo C. replied 1 year ago.
You can also write to the DVLA but they will probably ignore it.
He doesn't need to come back from the states unless he wants to contest it. He can write to the DVLA from the states but if he wants to negotiate face to face then he will obviously have to return.
Alternatively he can plead by post.
Jo C., Barrister
Category: Law
Satisfied Customers: 70003
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.co.uk/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.co.uk/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.co.uk/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.co.uk/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.co.uk/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.co.uk/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.co.uk/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice