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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71140
Experience:  Over 5 years in practice
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I am guilty of allowing a pile of post to go unanswered. I

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I am guilty of allowing a pile of post to go unanswered.
I have been asked to attend magistrates court to answer the charge that on 11.3.15 I was the registered keeper of a car that was not insured. The facts of the matter are that the car was written off on 28.10.14 and the salvage dealer took it away. I replaced the car on 6.11.14 and this new car has been insured since that date. I have all the documents to support this.
Should I plea not guilty and start the process of proving this? I can seem to find anyway of speaking to anyone at DVLA - they will only speak with you if you are paying a fine.
If I was to pay the fine, will they cancel the court proceedings?
Thank you for your question. My name is ***** ***** I will try to help with this.
Did you SORN the vehicle?
Customer: replied 2 years ago.

I assumed this happened when the salvage man took the car away - I have still got the red V5 docment. They sent me back my tax disc .

Thanks. That is all I need to know.
I'm afraid the responsibility was yours to SORN the vehicle. If you did not then you do not have a defence I'm afraid.
You can plead guilty by post and they will levy a fine upon you but that will unfortunately include court costs.
The other alternative is to attend court and try to negotiate with the prosecutor that the prosecution is not in the public interest. I used to prosecute for the DVLA a bit and they do sometimes drop things but it cannot be relied upon obviously.
You can also write to them explaining and asking them to review.
On these facts though, you do not have a positive defence.
Can I clarify anything for you?
Customer: replied 2 years ago.

Thank you for your clear reply.

The only other thing that makes this a bit more complicated is that it is all in my sons name as he was the registered keeper - but he was away at university and so the post built up and now he is in the USA for 9 months. I handled all the details of the accident - it was a named driver who had the crash, not my son and as it is part of multi car policy I was able to deal with it all.

So can I deal with this plea on his behalf or do I need him to come back from the US?

You can also write to the DVLA but they will probably ignore it.
He doesn't need to come back from the states unless he wants to contest it. He can write to the DVLA from the states but if he wants to negotiate face to face then he will obviously have to return.
Alternatively he can plead by post.
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