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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70715
Experience:  Over 5 years in practice.
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last year I sold my classic car and filled in the V5 and sent

Customer Question

last year I sold my classic car and filled in the V5 and sent it to the DVLA, they wrote to say they hadnt recieved it and asked me to send proof of notification of disposal and the opportunity to pay an out of court settlement. I could not send them proof as I had already sent it and failed to see why I should pay a settlement as I had done nothing wrong
I have now been summoned to court. i have two questions, firstly do I have to attend to plead not guilty and secondly if i do can I ask for a different session. they have asked me to attend at 2pm, I am a foster carer with disabled children and no one else to collect them from school so this time is impossible for me.
Submitted: 3 years ago.
Category: Traffic Law
Expert:  Jo C. replied 3 years ago.
Thank you for your question. My name is Jo and I will try to help with this.

What are you summonsed for?
Customer: replied 3 years ago.

failure to notify change of keeper - but as i say i posted this the day I sold the car

Expert:  Jo C. replied 3 years ago.
Thanks.

Its a mixed bag of news really.

The bad news is that if you don't attend court for trial then they will try you, probably convict you and sentence you in absence. I'm afraid your child care arrangements are not reasonable excuse.

The good news though is that if you do go to court and resolve this matter then you do have a defence. Despite the way the DVLA behave the obligation is actually only to put notification in the post rather than to nag the DVLA to ensure they have received it.

Obviously you will have to give evidence and you will need to be reasonably credible on the point but its very unlikely the DVLA will have any evidence that you did not send it. All they will be able to say is that it was not received which is different entirely.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.

Jo
Customer: replied 3 years ago.

you mention evidence, I have no evidence to prove I sent it as i sent it by first class post, not recorded or special delivery, so how can I prove I sent it?

Expert:  Jo C. replied 3 years ago.
Well, as I said really. You will have to attend court and give evidence about it. Obviously you will need to be reasonably credible on the point but its very unlikely the DVLA will have any evidence that you did not send it. All they will be able to say is that it was not received which is different entirely.