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F E Smith
F E Smith, Advocate
Category: Traffic Law
Satisfied Customers: 8552
Experience:  I have been practising for 30 years.
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I sold my bike. A few months ago to my flatmate I gave him

Customer Question

Hello I sold my bike. A few months ago to my flatmate I gave him the vc5 and he promised to send it next day then he got in insurance for this bike on his name . Fast forward I just received a letter for" Failure to comply with insurance Requirements". Because my flatmate forgot to send the vc5 btu his bike has been insured all the time sInce I sold it to him.
I was checking and apparently I committed two offences not telling the dvla and not insured the bike as I am currently the register keeper is that true to ? And if is what are my options?
Thank you very much.
Submitted: 3 months ago.
Category: Traffic Law
Expert:  F E Smith replied 3 months ago.

I assume this is a motorcycle not a bicycle.

The duty is on the registered keeper to send the V5 to Swansea, not the buyer.

Hence, if it has not been sent to Swansea, you have committed the offence of failing to notify change of keeper. In that respect, you are absolutely correct.

Unfortunately, DVLA are very inflexible. You may possibly get away with the insurance matter if you send a copy of the friends insurance to DVLA and asked them to cancel that. However it is generally a requirement of the insurance that the bike is registered in the name of the insured and that question is asked at the time of proposal. Hence, if it isn’t registered in your friend’s name, the chance is that the insurance is invalid anyway and although he thinks that he has been insured, he has not. But this last reason, I think it’s very unlikely that you will get off the insurance matter either.

I’m sorry it’s not good news.

Can I clarify anything for you?

Please rate the service positive. It is an important part of the process by which experts get paid.

We can still exchange emails.

Best wishes.

FES

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