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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 69364
Experience:  Over 5 years in practice.
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I sold my vehicle last year, but being silly I forgot to take

Customer Question

I sold my vehicle last year, but being silly I forgot to take the v5 part of the new owner. I then contacted the buyer to notify that I had left them with the v5 that I needed to send of, they said they would do it straight away. Few weeks down the line I receive a letter that the police had taken the car because the person driving it at the time was uninsured.
Meaning they had not sent of the v5 to transfer the registered owner. So it came through the post under my name. I contact the buyer to state why they haven't transferred the ownership as there breaking the law as well as being uninsured, I told them I received a letter about the vehicle being uninsured and the vehicle being taken by the police.
He said he is aware and will be paying the fine and transferring the ownership over right away. Since then I have received a letter to attend court because I was the owner of a uninsured vehicle ( witch I wasn't because I had sold the vehicle in December 2015) I could be facing loads of fines, but I'm not guilty.
Submitted: 7 months ago.
Category: Traffic Law
Expert:  Jo C. replied 7 months ago.
How can I help with this please?
Customer: replied 7 months ago.
I need legal advice on weather to plead guilty or not. As its not my fault
Expert:  Jo C. replied 7 months ago.
Sorry for the delay.The vehicle is still in your name?
Customer: replied 7 months ago.
No it's been transferred as I received a letter about changing ownership.
Expert:  Jo C. replied 7 months ago.
When was it transferred over?
Customer: replied 7 months ago.
Late November.
Expert:  Jo C. replied 7 months ago.
Thanks. What is the date on the summons sheet?Is it before or after November that they allege this was uninsured?
Customer: replied 7 months ago.
Its was after 1/1/16.
Expert:  Jo C. replied 7 months ago.
On the face of it then you do have a defence.You were not the owner of the vehicle at the time that it was uninsured. I'm not sure why they think that you are liable if indeed they do accept that you were not the owner.Keeping a vehicle uninsured is an offence of strict liability but it is only made out against the owner of the vehicle.Can I clarify anything for you?Jo
Customer: replied 7 months ago.
I have no evidence of sale date, but when the car was uninsured I wasn't the owner.I would like to know how I can defend myself in court, with such a situation like this.
Expert:  Jo C. replied 7 months ago.
The issue is not the sale date. The issue is whether the DVLA performed the transfer. If you were not the registered keeper then you just produce evidence of that.
Customer: replied 7 months ago.
DVLA took over a month to perform the transfer.
Expert:  Jo C. replied 7 months ago.
Then you are liable to keep it insured until the transfer date.
Customer: replied 7 months ago.
It was but the buyer didn't transfer the ownership over when I sold the vehicle. Then got stopped by police with the car in my name still. Surely that's there fault
Expert:  Jo C. replied 7 months ago.
It is the seller's responsibility to transfer the V5.
Customer: replied 7 months ago.
Thanks, ***** ***** a bit confused on how to transfer over the details for the v5. Now I know I was responsible, is there any way I can fight that within the court.
Expert:  Jo C. replied 7 months ago.
/
Expert:  Jo C. replied 7 months ago.
Not if it alleges a time when you were the registered keeper.You could always ask the prosecution to consider the merits of the matter.
Expert:  Jo C. replied 7 months ago.
The reality is that they may take no notice though Im afraid.

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