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Car written off in July 15 received court summons from dvla as still down as reg keep

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  • Car written off in July 15 received court summons from dvla as still down as reg keep

    Hi all,

    I need some advice in late July my car was written off in an accident. I have not seen the car since it was taken away a day later then written off by the insurers. The following week I insured a new car on my policy. As the car was written off best to my knowledge no longer existed been scrapped.

    I received a letter in from the mid then the dvla claiming I'm still the reg keeper and owner off the car in January either pay a fine or prove you're not the reg keeper and owner. I replied with my insurance policy number photo evidence and the form I signed from the company who took my car away along with an email from my insurer stating the car was written off. Forgot to do recorded delivery. I assumed my insurance had filled in the forms to then acquire the car or what they needed.

    Heard nothing back till now either I plead guilty or not guilty if I plead guilty I it's a silly question what are the consequences. Or not guilty do I have a leg to stand on so the car was written off so how can I insure or be the reg keeper of something that no longer exists.

    I would appreciate some help I know they are similar threads on the subject but any help would be appreciated.
    Tags: None

  • #2
    Re: Car written off in July 15 received court summons from dvla as still down as reg

    TOTAL loss payment for your vehicle




    If your insurance company decides to write off your vehicle, you must hand over the vehicle to them in return for a total loss payment.


    Youll need to:
    • complete the V5C/3 Notification of sale or transfer section of your registration certificate and send it to DVLA, Swansea, SA99 1BD
    • give the remainder of the registration certificate to the insurance company

    Your insurer may ask you for the whole registration certificate, which theyll complete for you and send to DVLA.If this happens, write to DVLA to be sure your name is removed from the record. Give the date you passed the vehicle to the insurance company and details of their name and address and send it to DVLA, Swansea, SA99 1BR.If your vehicle has not been scrapped and you choose tokeep the salvage, you should be in possession of the V5C.Your vehicle may alsoneed a Vehicle Identity Check before it can be used onthe road again.

    - - - Updated - - -

    What to do if your vehicle is scrapped or written off


    You should only tell the Driver and Vehicle Licensing Agency (DVLA) that your vehicle has been scrapped if you actually break it up or destroy it yourself. In the event of the vehicle being written off, the insurance company will notify DVLA on your behalf.

    Breaking the vehicle up yourself

    If you break or destroy the vehicle yourself, you should notify DVLA by completing the 'scrapped' box on the registration document or certificate and enter the date of scrapping. Send the certificate to DVLA, Swansea SA99 1BA.

    Selling the vehicle for scrap

    Scrap dealers and vehicle dismantlers are now known as authorised treatment facilities (ATFs), they will treat end of life vehicles in an environmentally friendly manner. If you pass your vehicle to an ATF and it is destroyed immediately, hand in your registration certificate. Certain types of vehicles, including cars and vans up to 3,500kgs, will be issued with a certificate of destruction (CoD). If the vehicle is not to be destroyed, you should fill in the V5C/3 section of the registration certificate to transfer keepership to the ATF. Send the V5/3C to DVLA, Swansea SA99 1BD.

    If you have third party insurance cover

    If you have third party insurance cover on your car and it has received substantial accident damage to the bodywork, you are required on change of ownership to surrender the registration document or certificate to DVLA before disposing of the vehicle. Substantial damage means the cost of commercial repair would exceed the value of the car.

    What happens next

    You will be liable for the vehicle until you have notified DVLA of the scrapping or sale of your vehicle. Once you have informed DVLA you will receive an acknowledgement letter confirming the discharge of liability of your vehicle. If you do not receive an acknowledgement letter within four weeks please contact 0870 240 0010. Customers with impaired hearing or speech who have access to text phone/minicom should ring 01792 782 756.


    - - - Updated - - -



    If your insurance company decides to write off your vehicle, you must hand over the vehicle to them in return for a total loss payment. You will need to:
    • complete V5/3 or V5C/3 'Notification of sale or transfer' section of your registration document or certificate and send it to DVLA, Swansea, SA99 1BD
    • give the remainder of the registration document or certificate to the insurance company



    Under a special arrangement between DVLA and the insurance industry, your insurer may ask you for the whole registration document or certificate, which they will complete for you and send to the DVLA. If you decide to do this you should, in order to discharge your liability, write to DVLA Swansea SA99 1BR giving the date you passed the vehicle to the insurance company and details of their name and address.

    Comment


    • #3
      Re: Car written off in July 15 received court summons from dvla as still down as reg

      Originally posted by Fiatpunto1234 View Post
      Hi all,

      I need some advice in late July my car was written off in an accident. I have not seen the car since it was taken away a day later then written off by the insurers. The following week I insured a new car on my policy. As the car was written off best to my knowledge no longer existed been scrapped.

      I received a letter in from the mid then the dvla claiming I'm still the reg keeper and owner off the car in January either pay a fine or prove you're not the reg keeper and owner. I replied with my insurance policy number photo evidence and the form I signed from the company who took my car away along with an email from my insurer stating the car was written off. Forgot to do recorded delivery. I assumed my insurance had filled in the forms to then acquire the car or what they needed.

      Heard nothing back till now either I plead guilty or not guilty if I plead guilty I it's a silly question what are the consequences. Or not guilty do I have a leg to stand on so the car was written off so how can I insure or be the reg keeper of something that no longer exists.

      I would appreciate some help I know they are similar threads on the subject but any help would be appreciated.
      Fiatpunto.

      Here's a similar success story where Jamie challenged the Magistrates/ prosecution for the offence having no insurance. He reported to DVLA that his car was sold to another person. http://www.legalbeagles.info/forums/...549#post641549

      The difference in your case is that your car was scrapped.

      As you have been summoned by the Magistrates it means it's too late to contact DVLA now. However, in your circumstances you should only plead guilty if you are guilty. You're simply not guilty in your circumstances. If you plead guilty you'll get a fine and probably points on your licence. If you plead not guilty DVLA's prosecution lawyers have to prove the offence against you. They will threaten you with paying higher amounts than if you agree to pay the amount that they say you owe, or if you challenge the offence by pleading not guilty they'll put pressure on you to admit guilt when making your plea at the Magistrates. If you do plead guilty and found guilty but think it was unfair, you can not do anything about it. Said prosecution will put pressure on you right throughout until they know you'll stand by your guns, so to speak. What is the law that that DVLA are using against you? As you posted the receipt to DVLA to inform of the vehicle's scrapping/ destruction, DLVA has to prove you have not posted it, as it is considered delivered when posted: Interpretation Act (the law). They cannot prove it and will not seek to, as they'll have to accept your word for it under the law: Interpretation Act. Your further evidence is your insurance company's details relating to your insurance being cancelled, ie when the car was scrapped. Your current car (if you're driving one) will be insured by the same company, so where this policy continues with your new car is the date where you can prove you no longer had ownership of the previous car. Just use your insurance certificates. You should also have your previous vehicle's registration book, ie V5/C which will have a part missing ie, what you removed to send to DVLA. This should be photocopied as your further evidence. This V5/C will also have your new vehicle's details (if you have another car) for further proof.
      Last edited by Openlaw15; 16th April 2016, 12:11:PM.

      Comment


      • #4
        Re: Car written off in July 15 received court summons from dvla as still down as reg

        Open law1
        Where do points on licence come into this?

        Comment


        • #5
          Re: Car written off in July 15 received court summons from dvla as still down as reg

          Originally posted by wales01man View Post
          Open law1
          Where do points on licence come into this?
          Some strict liability offences have points on licence as punishments, so am just speaking in broad terms. I think in this situation it's only a fine. I always explain the law broadly first and then apply to facts, it's how I was taught in law school.

          Comment


          • #6
            Re: Car written off in July 15 received court summons from dvla as still down as reg

            In broad terms if the OP has proof the car was no longer theirs on the date of the alleged offence no case to answer

            Comment


            • #7
              Re: Car written off in July 15 received court summons from dvla as still down as reg

              Originally posted by wales01man View Post
              In broad terms if the OP has proof the car was no longer theirs on the date of the alleged offence no case to answer
              the prosecution don't see it like that....there's been a Summons so he has to plead or make payment.

              Comment

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