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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Good morning, last year on the 6th of November 2013 sold my

Customer Question

Good morning, last year on the 6th of November 2013 sold my car to Aero Cars. Unfortunately, that day I couldn't find the registration certificate and the buyer' reprisentative gave me a hand written arrangement like a receipt, signed and stamped, telling me they will send it the next days to DVLA. A few days ago I received a summons to appear at Watford Magistrate Court because MY CAR did not meet the insurance inquirements on the 3th of December 2013. Tell me, please, is there anything to do to avoid paying any penalty(maximum £1000 plus £110 for prosecuter)? I am really scared
Submitted: 4 years ago.
Category: Law
Expert:  Ash replied 4 years ago.

Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Did you notify the DVLA at all?
JACUSTOMER-m7m2w6r8- : Unfortunately no, the buyer told me he will do that....
Alex Watts : Yes but why did you not? You have a legal obligation to stop things like this happening?
JACUSTOMER-m7m2w6r8- : It was a big mistake
Alex Watts : Ok. Then if you have evidence you were not the keeper you can go to court and plead not guilty.
Alex Watts : You can show the court that you were not the owner.
Alex Watts : I assume you still have the evidence?
Alex Watts : If you do and can provide the name and address of the new owner all should be well.
Alex Watts : But of course you are guilty of not notifying the dvla of a change in registered keeper.
Alex Watts : But go to court and show the court what you have.
Alex Watts : Can I clarify anything for you about this today please?
JACUSTOMER-m7m2w6r8- : What is that means, I won't be framed in the same Section 144(1) of the Road Traffic 1988, but I am still guilty? How much could be the penalty, it's better to know because I will be required to make payment on the day. Is it better to send to DVLA now my evidence and explain them the circumstances?
Alex Watts :

Yes but you should NOT be the registered keeper, someone else is.

Alex Watts :

I would send it to DVLA they may drop it before Court

Alex Watts :

Does that help?

JACUSTOMER-m7m2w6r8- : I really can't understand, you will send it to DVLA? And what about the penalty?
Alex Watts :

Yes send a copy of proof to DVLA. They may withdraw the summons and the case is closed.

Alex Watts :

Does that clarify?

Alex Watts :

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