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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70699
Experience:  Over 5 years in practice
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Good Morning, My stepson sold his motorbike in

Resolved Question:

Good Morning,
My stepson sold his motorbike for scrap in August 2013, he failed to fill in the necessary DVLA paperwork.
Some months later the scrap bike was spotted parked on a road without insurance.
Fines etal were sent to his previous address culminating in bailiff visits.
We have been to the local court and had the original case nullified as he had no knowledge of it via a statutory declaration.
We now have pleaded not guilty to the insurance accusation.
He is due in court shortly charged not meeting the requirements of section 144A of the road traffic act 1988.
We cannot prove the vehicle was sold prior to the offence, we do not know where the person that bought the bike lives.
Do we stand any chance of success or should we just change our plea to guilty to reduce court costs and fines?
Thank you in advance,
***** *****
Submitted: 2 years ago.
Category: Law
Customer: replied 2 years ago.
Please find attached court paperwork
Expert:  Jo C. replied 2 years ago.
Is he due in court this morning?
Customer: replied 2 years ago.
Thank you for your speedy response,He is due in court on January 12th
Expert:  Jo C. replied 2 years ago.
Ok. So there is time to consider this.
Did he tell the DVLA of the changeover ?
Customer: replied 2 years ago.
Ben is a bit simple, I know ignorance is no defence. It was his first ever motor vehicle and he wrongly assumed as it was sold for scrap he didn't need to inform dvla. So no he didn't inform them. There is also some confusion as to where this actually took place. I was told the offence occurred in Stevenage but now the latest paperwork states cambridge so I am unsure how to find this out or if it's even relevent
Expert:  Jo C. replied 2 years ago.
Ok. There are two answers to this really. The first legal theory. The second the reality.
In legal theory there is a defence as he was not the owner.
In reality though, he didn't declare it SORN or sold so they will say he was the owner. There isn't really much option then. He would have to plead guilty on this basis. Having a vehicle uninsured only carries a small fine anyway.
In fact, if you make representations to the prosecutor on the day that these were the events they might drop it. I used to prosecute for the DVLA all the time and they often do take a view. They would probably want some evidence that it was sold though. You do have time to gather that if this is not in until the 12th.
You can also make written representations in advance.
If they will not drop this though, this is keeping the vehicle uninsured I'm afraid.
Obviously he needs to put this in order though or this will keep happening. If it is scrapped then it is SORN but it needs to be done.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.
Thank you, ***** ***** struggling to get any evidence, all we have is a name a contact phone number, which he won't reply to messages and a vague area in which he lives....not a good basis for a defence!I personally feel that I want to defend the accusation but Ben and his mother feel we should just plead guilty even though he isn't .So if we defend it could you clarify the best way forward, should we make a written representation in advance or wait until court?If making a written representation who should I send this to?In any event we must inform dvla today that he is no longer the keeper, I did ask him to but he hasn't.Given your experience with the dvla I will action any advice you give me.One other question, Ben struggles to speak in high pressure situations, is there any way I can represent him in court?Thanks again,James
Customer: replied 2 years ago.
Jo,
Thanks for your help so far, I look forward to your advice as how best to proceed with a defence.
I am a paramedic and have just finished a busy old night shift and am now off to bed.
Will reply later to your next response.
I hope you have a good day.
Regards,
James
Expert:  Jo C. replied 2 years ago.
You may as well make written representations to the DVLA. It can't do any harm. You have time so there is no risk.
In terms of evidence, to whom did he sell it?
Customer: replied 2 years ago.
Good Evening Jo,
Great I will make a written representation to the dvla, in short what should I say? And who should I send it to?
Ben sold the motorbike to a chap called Darek Balkerzak of Peveral Road Cambridge for £450 cash
Hope this helps?
James
Expert:  Jo C. replied 2 years ago.
OK.
Wouldn't it be possible to contact him and ask him to confirm the sale in writing?
Customer: replied 2 years ago.
Morning,
We have repeatedly messaged him asking him to confirm the sale but he will not reply.
Expert:  Jo C. replied 2 years ago.
Have you tried calling him?
Going to the address?
It is a reasonable enough request. There is no reason he should not.
Customer: replied 2 years ago.
We have tried repeated calling and social media but he refuses to reply
As said Ben is not the brightest person the bike was worth three times what he sold it for, Ben does not know the house or address of the chap he sold it to
So I plan to follow your advice and make this representation to dvla. But which department and in brief how should I word it?
Expert:  Jo C. replied 2 years ago.
I would just address it to the DVLA prosecution department. With the DVLA you never know anything will be received by the right department.
Just explain what has happened and ask them to review the public interest. Name the date and identify the seller.
Customer: replied 2 years ago.
Fantastic
This I will do, we will write and send recorded delivery to both dvla and if I can get the buyers address another letter to him.
Am I able to represent Ben in court as he really is unable to do this himself and how would I go about doing this.
Thankyou so much
Expert:  Jo C. replied 2 years ago.
No problem and all the best.
Please remember to rate my answer.
Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jomo1972’.
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Customer: replied 2 years ago.
Good Evening ,Just before I leave feedback, could you help with questions still unanswered?1. Bullet points for letter to DVLA
2. Can I represent Ben in court and how should I arrange this?Thanks again for all of your help.Regards,James
Customer: replied 2 years ago.
We now have a full postal address for the purchaser and am sending recorded mail to him and once I have your bullet points to the DVLA too.Thanks,
James
Expert:  Jo C. replied 2 years ago.
What would you like to know about this?Delighted to continue but please rate my answer.
Customer: replied 1 year ago.
Good Afternoon Jo,
Thank you for your help so far, I will review later today.
I have written to the DVLA as suggested and await their reply.
Given Bens trouble reading etc. how do I go about representing him in court?
Thanks,
James