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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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I am accused of driving without insurance on the 17-02-2016

Customer Question

I am accused of driving without insurance on the 17-02-2016 in a car I part exchanged on the 28-10-2015. I sent evidence of this transaction and have now been told a magistrate has decided the case is to go to a full court hearing.
What can I do?
Submitted: 2 months ago.
Category: Law
Expert:  Jo C. replied 2 months ago.

Did you update the DVLA

Customer: replied 2 months ago.
i send the form for change of registered keeper back to them when i part exchanged the car. but they said they didnt recieve it.
Customer: replied 2 months ago.
I sent my part off and unbeatable car.com the company I part exchanged through took their part of the v5 registration document. I had sent all supporting evidence of this transaction along with dates and insurance documents.
Customer: replied 2 months ago.
I have listed all supporting paperwork
Expert:  Jo C. replied 2 months ago.

Did you send it recorded delivery?

Customer: replied 2 months ago.
No I didn't, but I received a letter from the DVLA in March, stating I had no insurance on my old car. So I called them straight away and explained I had traded it in the previous year. They said ok and would log that information. I then received a letter saying I no longer owned the car, at this point I thought the matter was settled. Then I received the Single Justice Procedure Notice. I sent this back, filled in and my covering letter along with the supporting paperwork stating I didn't own the vehicle at the time of the offence and pleaded not guilty due to the facts. I have given you the documentation I sent back at this time and this was sent recorded delivery.
Customer: replied 2 months ago.
You are now up to date with facts, and now I have received a Summons on Referral to Court on the 12th Oct. It states a magistrate has decided the case should be referred to a full court hearing.
Customer: replied 2 months ago.
This is the Summons on Referral to Court letter received today.
Customer: replied 2 months ago.
Sorry I duplicatedthis file in the previous message, this is now the correct file.
Expert:  Jo C. replied 2 months ago.

Ok. Did you send it by any other recorded means?

Customer: replied 2 months ago.
no I didn't send the v5 registration document by any other means. it has always been fine like this before. When they send documents, it isn't by recorded delivery.
Expert:  Jo C. replied 2 months ago.

Yes, but they don't end up in this position if they can't prove it wasn't sent.

Did you take a copy?

Customer: replied 2 months ago.
No I didn't take a copy, I just sent it as I normally do.
Expert:  Jo C. replied 2 months ago.

That is a problem I'm afraid.

Do you mean driving without insurance or keeping the vehicle uninsured?

Customer: replied 2 months ago.
I think you missed the point. I sent the v5 registration document of the old car to the dvla after the car was part exchanged. I didn't keep the car the insurance was transfered to my new car as per all the paperwork I sent you of the trade in. So I was not driving the car, nor did I own it at the time of the alleged offence.
Expert:  Jo C. replied 2 months ago.

Would it be possible to give me the information I asked for?

Customer: replied 2 months ago.
What information have you asked for? I have given you all the information.
Expert:  Jo C. replied 2 months ago.

Do you mean driving without insurance or keeping the vehicle uninsured?

Customer: replied 2 months ago.
Your question is not clear. I did not keep the old vehicle. So the insurance was cancelled for it. My insurance company then transfered it to my new vehicle. You have copies of this in the documents I sent you pertaining to the day of the trade in. The trade in centre, unbeatable car.com took their half of the v5 I kept my half and sent it off. I had to have insurance before I could drive the new car away. These documents I have already sent to you.
Customer: replied 2 months ago.
Do you mean did I send all the documents I have sent to you recorded delivery to the dvla? If so then yes I sent those documents recorded delivery.
Expert:  Jo C. replied 2 months ago.

No, sorry. I can't really think of another way of phrasing this.

Are you summonsed for driving without insurance or for keeping the vehicle uninsured?

Customer: replied 2 months ago.
Ok sorry I thought you would of seen it on the documents I had sent you. The charge is as follows.... On 17/02/2016 at Portsmouth, you were the person in whose name a vehicle,namely registration number HY60VDD,was registered under the Vehicle Excise and Registration Act 1994 when it did not meet the insurance requirements of section 144A of the Road Traffic Act 1988. Contrary to section 144A of the Road Traffic Act 1988 and Schedule 2 to the Road Traffic Offenders Act 1988. So in answer to your question this is what I'm being charged with.
Customer: replied 2 months ago.
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