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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70535
Experience:  Over 5 years in practice.
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My daughter was involved in a traffic accident when 7 and a

Resolved Question:

My daughter was involved in a traffic accident when 7 and a half months pregnant in March of this year. There were no serious injuries but her insurance company'Sheila's Wheels' wrote her car off. She phoned DVLA to tell them this and they said thank you for letting us know, there's nothing else you need do. The insurance was terminated on the 6th March.
Mysteriously, some months later my daughter received a tax renewal notice for the written off vehicle. A disposal notification form was sent to DVLA although they say they have not received it and an acknowledgement letter was received from them. She informed DVLA a second time via the VSC slip.She has been issued with letters claiming that she has failed to insure the 'written off' vehicle and must therefore pay a fine of £100 immediately [which she cannot afford]or face a court order because she did not send the required form back within a specified time.
A letter was sent to DVLA in August reiterating all of the above. Their reply was simply a standard letter insisting that the fine should be paid. There was no response to the issues that I mentioned above.
Any advice welcomed please before I give in and pay the fine for her to put an end to the matter.
Submitted: 3 years ago.
Category: Traffic Law
Expert:  Jo C. replied 3 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
Did she declare the vehicle SORN when it was written off?
Customer: replied 3 years ago.

DVLA say not but my husband sent it off for her. Forgot to say that we are currently trying to track down the original phone call to DVLA through Vodaphone call records

Expert:  Jo C. replied 3 years ago.
OK.
But you know that a V5 was sent off?
How quickly?
Customer: replied 3 years ago.

Just checked .

My husband sent of a v5c/3 slip on 19th July. It was later than it should have been but my daughter had already informed them that the vehicle had been written off in March.

Have just sent another message re. the Acknowledgement slip receive from DVLA

Expert:  Jo C. replied 3 years ago.
Ok. Thanks.
You are actually under an obligation to notify the DVLA within 30 days of the sale or the scrapping. It is fair to say that the DVLA do not always enforce that to the letter and will sometimes give you much longer. However, come what may, you were later than that.
You have a number of options. The first is to pay the fine. At least it would remain cheap.
The second is to refuse to pay and invite them to summons. They do sometimes forget and they only have six months. If that does happen then you can always write to them asking them to review the public interest of the prosecution since you did complete a V5.
The third is to wait until you are summonsed to court and then try to negotiate with the prosecutor. I used to prosecute for the DVLA all the time and they do often discontinue in those circumstances.
The risk of going to court is costs though.
Can I clarify anything for you?
Jo
Jo C. and 2 other Traffic Law Specialists are ready to help you
Customer: replied 3 years ago.

Presumably this means that even if we track the original phone call it will make no difference?

Also is the 30 day obligation to DVLA a legal requirement?

Expert:  Jo C. replied 3 years ago.
1 There isn't actually any statutory requirement to notify using the V5 document. That is just a DVLA requirement which I suppose does make sense but no more than that. You could try to argue that notification was be telephone but it would be irresponsible of me to tell you it will succeed.

2 No. You should do it forthwith. But they will usually give people 30 days in my experience. That probably does vary on a regional basis but that has been my experience.
Customer: replied 3 years ago.

Sorry Jo but I'm unclear about your second response. Do what forthwith? Track the phone call?

Expert:  Jo C. replied 3 years ago.
No, SORN the vehicle. It should be done on the date of writing off or sale.

The DVLA give people various dates that are not supported by the statute but generally if its done within 30 days then they will not prosecute
Customer: replied 3 years ago.

But we have an acknowledgement slip from DVLA where they confirm that my daughter is no longer the keeper of the vehicle in question. It is dated 24.07.14.

Expert:  Jo C. replied 3 years ago.
Yes, but you said you didn't send that until until July and the insurance ran out in March. Therefore it was uninsured for four months.
Customer: replied 3 years ago.

Uninsured when written off and therefore not on the road. Strange?


Thank you for your advice.


I will write to DVLA on my daughter's behalf once again and no doubt will eventually pay the fine. Thank you for your advice.

Expert:  Jo C. replied 3 years ago.
No. You have a duty to keep it insured or SORN it.

Unless you SORN it they don;t know its off road.

It used to be possible to avoid this by keep the vehicle on private road but there is a duty to keep them continuously insured.
Customer: replied 3 years ago.

Have been trying to. You should have received 'Good Service' Thank you Jo.

Expert:  Jo C. replied 3 years ago.
Nothing to worry about. You have rated already.

All the best.