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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32177
Experience:  Over 5 years in practice
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Good evening, I have to appear in Magistrates court tomorrow

Customer Question

Good evening,

I have to appear in Magistrates court tomorrow for a hearing about non payment of car insurance and I am confused by the Plea section of the form I have to fill out.
The situation is I sold a car in May this last year then despatched the documents to the DVLA to transfer ownership.
I then received a letter from the DVLA on the run up to Christmas saying they were prosecuting me for not having car insurance in August last year.

As far as I was aware I was no longer the registered owner keeper of the vehicle.
Documents to support this I have are a copy of the Log book I took prior to sending it to the DVLA (I am guessing they never received or processed the original) with the purchace date of May 5th 2012.

I have a written statement from the purchaser saying stating he bought the car from me in May of 2012.
I have copies of the insurance schedule for the vehicle stating it would have been insured until September 2012 (except I cancelled it once the vehicle was sold).

I understand that if I was indeed the registered keeper (even though I was not aware it had not been transferred for whatever reason), then perhaps I should have been more diligent, but I do feel this mitigates my guilt as it does not feel this was my fault.

So on the form I have 4 options:

No contest guilty
Guilty be requesting reduce penalty
Guilty with mitigating circumstances
Not guilty.

I really don't want this to go to trail as it is causing me no end of stress. Would I be better guilty and reduced penalty or guilty with mitigating circumstances?

Is there anyone I can speak to about this on arrival to the magistrates court?

Many thanks,

Submitted: 5 years ago.
Category: Law
Expert:  UK-Justice replied 5 years ago.
Thanks for your question, I will do whatever I can to help you. Please remember to rate my answer SMILEY FACE OR ABOVE.

What section of what Act?
Expert:  joannem1965 replied 5 years ago.
Hello. Did you get confirmation from the DVLA of the change of ownership?