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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70506
Experience:  Over 5 years in practice.
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I have received a "requisition" from the DVLA

Resolved Question:

hello
I have received a "requisition" from the DVLA for failure to insure a car.
I did uninsure this car and put it in a garage as it was no longer being used (probably around June 2015).
I was sent a letter by askMID and DVLA dated 30/06/15 telling me I needed to make a SORN. However, I went to the US on 6/7/15 and had not received the letter before my departure. I opened the letter on my return at the end July and immediately made a SORN on 2/8/15.
I received a letter dated 9 /9/15 which was a final notice asking for payment of £100 but giving no end date for payment.
I was planning to look into the whole issue before paying but have now recieved a requisition from the DVLA which looks as though it has a fine of £1000 if I plead guilty.
Essentially, my insurers did not tell me to make a SORN when I stopped the insurance and I acted as soon as I recieved the intial notice on return from my holiday. Could I use this to mitigate what I assume will require a guilty plea?
Submitted: 2 years ago.
Category: Traffic Law
Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
Is there any reason they haven't offered a fixed penalty fine?
Customer: replied 2 years ago.

they have used Form 144APR.

THere is a statement of facts : that I was the registered keeper of an unisnured motor vehicle on 28/07/15.

There is a notice of penalties (from s144A (1) of the RTA 1988 - stating the max penalty on conviction is £1000 plus costs.

It then offers the option of pleading guilty or not guilty but does not offer a fixed penalty fine.

That came in the "final notice" dated 9 September, but there was no deadline to pay by - although it did say "immediately".

So, on the requisition there appears to be no option to pay a fixed penalty.

Obviously I did comply with the original notice and make a SORN, but only once I had returned from holiday

Expert:  Jo C. replied 2 years ago.
You might be able to negotiate a settlement out of court with the DVLA. I have heard stories of them doing that something. I don't know what basis they think they can rely on to do so but I suppose it avoids going to court so from your point of view it is a good deal.
You can always make representations to them that this is not in the public interest because the gap was a very short one and it arose for the reason that you mention.
Failing that though, you can mitigate on this basis. A very short gap of no insurance is a different category to a person who has never had insurance.
They might agree to drop this. They do sometimes. The DVLA apply the public interest test better than CPS in my experience.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

What is the process for doing this? should it be via the court papers and response or should I call them directly? Is there a DVLA office that I can contact directly?

THere is no direction on any of the forms regarding getting advice; had there been I would have followed up sooner.

Further evidence is that the battery was dead anyway and I had to get it jump started in August as it hadn't been driven for months.

Customer: replied 2 years ago.

Hello

Do you think that you will be able to answer the final part of my question that I sent in 20 mins ago?

Customer: replied 2 years ago.
Relist: Incomplete answer.
Hello
I didn't get a response to my clarification question
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
You should call them directly. There should be some contact details on the paperwork you have. If not then call the main number, there should be a reference or something you can have or your reg number
Can I clarify anything for you about this today please?
Alex
Expert:  Jo C. replied 2 years ago.
Sorry for the delay and actually the answer above is wrong.
There is no point in phoning. You will not get through to the right person.
In fact, you need to put the offer in writing or it will be completely ignored by them.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70506
Experience: Over 5 years in practice.
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