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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have just received a notification by post from the DVLA that

Resolved Question:

I have just received a notification by post from the DVLA that I am required to appear at a magistrates court on 30/09/2015 to answer a charge that on 24/03/2015 I was a registered keeper of a vehicle that did not have insurance. The car was however sold on 28/03/2015.
While this may have been true (as I believed my wife was insuring the car at the time) I had not received any notification informing me of this issue. I rang the DVLA this morning only to be told that I would have received various notifications beforehand that this issue remained at large. This was not however the case and I have only as of today been made aware of the issue by virtue of a court appearance. The only advice given by the DVLA was that I should attend court to answer the issue.
Please could you advise what I should do in this situation.
Many thanks.
Greg
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
Have you checked with your wife whether it was insured? Whose name would the policy be in?
Alex
Customer: replied 2 years ago.

Hi Alex,

The policy would have been in my wife's name, but unfortunately she is away for a couple of days at the moment and I will have difficulty contacting her to confirm the detail.

As we were going to sell the car at that time, the insurance may well have elapsed as the vehicle had not been in use for a number of months and was the reason for selling it at the time.

I'm just surprised that I have had no prior warning or notification beforehand of the issue, despite the DVLA saying that I would have received notifications. Is it possible that the new owner could have received such notices and is the reason I had not received them?

Regards

Greg

Expert:  Ash replied 2 years ago.
Are you the owner of the vehicle?
Customer: replied 2 years ago.

Yes, i'm the owner of the vehicle, but my wife predominantly drove the vehicle and therefore insured it with me as a named driver.

Expert:  Ash replied 2 years ago.
Ok. It's bad news I am afraid, you either were insured or you were not. There is no way around it and if you were not then you are guilty of an offence. However it may be possible claim special reasons if you can show that you were led to believe that it was.
Sadly it's not enough for you to say well I thought it way, there must have been a positive assertion ie your wife saying so. If that is the case it may be possible to argue special reasons.
Can I clarify anything for you about this today please?
Alex.
Customer: replied 2 years ago.

I don't really have a problem with a fine for not having the vehicle insured or not having a SORN in place, it's more down to the point that after having received the notice from the court, I inquired directly with the DVLA regarding the matter, only to be told that I would have received notices requiring action, either to present a SORN or insure the car. I had not received any notification prior to the court notice and furthermore the DVLA were not prepared to confirm when such notices had been issued or forward any copies to me.

It all seems a little heavy handed and unreasonable from the DVLA.

The only other query I have is, apart from a fine, would I likely to receive any points on my licence.

Thanks Greg.

Expert:  Ash replied 2 years ago.
Indeed I agree but sadly that still doesn't get away from the offence. No points.
Does that help?
Alex
Ash and 2 other Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex