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Single Justice Procedure Notice

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  • Single Justice Procedure Notice

    Hi all,

    I'm a newbie to the site but had a look around and read similar threads but couldn't find a similar one to the issue I have. Any thoughts / advice would be appreciated.
    To cut a long story short, I had a lease car which was returned to Renault in August 2017. I received a letter in December 2017 stating I was the registered owner of an un-insured vehicle. Upon investigation, it appears likely that I didn’t complete and return the v5 when the vehicle was handed back to Renault. However, I have other documentation proving that the car was returned.

    I wrote to the DVLA and enclosed the associated information proving I’d handed the vehicle to Renault and they responded that they had updated their records. I had thought the matter was resolved.

    However, I have now received a “Single Justice Procedure Notice”. I seem to have the option of pleading guilty or not! In short, the notice has the following:

    “The record shows that the defendant was the registered keeper on 22/12/2017, The vehicle did not meet the statutory insurance requirements contrary to Section 22 of the Road Safety Act 2006.

    On 26/12/17 a Fixed Penalty Notice was sent to the defendant in accordance with Section 144A and 144C of the Road Traffic Act 1988. A valid payment was not received by the date specified in the Notice.

    No notification was received prior to the date of offence that the vehicle had been disposed of or stolen and to date no notification has been received that the vehicle was insured on the date of offence.“

    Technically, the above is true. I was the registered keeper and the vehicle probably hadn’t been insured by Renault on the 22/12/17. Therefore, I now get to my conundrum. Should I plead guilty but add mitigating circumstances to my response by post and I guess face a fine / points or should I plead not guilty and run the risk of needing to go to court?

    Any thoughts / views would be much appreciated and sorry for the long message!!!

    Thanks in advance
    Tags: None

  • #2
    des8ostellR0b

    Comment


    • #3
      Plead not guilty and go to court and show that the vehicle was returned in August and your notification to the DVLA had been mislaid, as they have a habit of doing so. Can you get the DVLA record to say what date thye have put on the transfer?

      Comment


      • #4
        When you wrote to DVLA in December did you confirm it was likely you had not informed them of the change of keeper?
        I'm just thinking you can hardly plead not guilty and accuse them of mislaying your notification if you have already confessed you may not have sent it!

        Comment


        • #5
          It's just that the OP is blaming themselves for the error, possibly in the belief that the DVLA, as a government department, is unlikely to make a mistake when it is well know that they have a habit of "forgetting"

          Comment


          • #6
            Agree ostell , but just felt original post a bit ambiguous

            Comment


            • #7
              Hi, thanks for the replies. When I wrote to them, I did say "...it appears I did not complete and return the correct section of the v5...".

              Therefore, do you think I should then plead guilty in this instance?

              thanks

              Comment


              • #8
                That certainly sounds to me like a half hearted admission of guilt.

                Have you tried ringing DVLA , explain that when they responded to your letter that they had updated their records you misunderstood and thought it meant the matter was resolved..
                Under the circumstances ask if they could reinstate fixed penalty and withdraw the summons.
                Nothing ventured, nothing gained

                If that doesn't work, plead guilty, explain the circumstances and your misunderstanding. APOLOGISE!!!!.
                Some say by post, others suggest in person. Probably won't make a lot of difference either way.

                Comment


                • #9
                  Did you know that you did not complete the V5 and return or are you giving the DVLA the benefit of the doubt?

                  Comment


                  • #10
                    Thank you all for the replies and feedback. I called the DVLA on Friday and the short story is that they closed the case and cancelled the court notice for a fine of £100.

                    It's incredibly frustrating and a lesson learned.

                    Comment

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