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Being taken to court for no insurance but I wasn’t the registered keeper.

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  • Being taken to court for no insurance but I wasn’t the registered keeper.

    Hi Guys,

    I really hope you can help with a difficult problem I’m having with the DVLA at the moment. In May this year I part exchanged a car at a motor dealers and sent off the usual change of keeper form to the DVLA and thought nothing more about it. A few months later I received a letter from the DVLA stating the car had no insurance. I responded by post to the DVLA telling them the date and to whom I had sold the vehicle. It seems this letter was not received as a they then sent a reminder to which I replied again but via recorded delivery this time! This response got through as I then received an acknowledgement slip from the DVLA along with a tax refund stating I was no longer the registered keeper dated 05/10/2017.

    Shortly after this I received a Single Justice Procedure Notice stating I had been charged with the offence of being the registered keeper of an uninsured motor vehicle on 14/09/2017. I called the DVLA and explained the situation and was advised this was a crossover as the case handler would not have looked at their records since issuing the notice and that now they had been updated the handler would be able to cancel the court proceedings. As advised I sent a letter back the the DVLA and pleaded not guilty explaining the above and sent sent copies of the sale receipt showing the date and part exchange with the dealer, a copy of the slip to say the DVLA had accepted I was not the registered keeper and even my new V5 to prove the sale had gone through.

    Yesterday I received a notice to say the DVLA were proceeding with the court case and they have now given a date for trial.

    I am in the process of contacting the dealer to see if they will provide a statement to say they notified the DVLA they were the new keeper but cannot be certain I can obtain this. I also intend to call the DVLA and check the date they have for the change of keeper on the vehicle in question.

    I have to accept I should have sent the first two communications to the DVLA recorded delivery but assumed first class would be sufficient.

    The letter I got yesterday simply states the reason for referral to court is “For trial” so I cant be certain they have even considered my defence.

    I simply cant believe I could end up paying a large fine and having a criminal record because either the Royal Mail or the DVLA lost a letter, please can somebody offer some advice as to what course of action I can take?

    I have seen a similar case with a rather excellent looking letter in response to a post made on 06/03/2016 and wondered if elements of that letter could apply to my case?

    Thanks in advance for any help you can give.

    Kind regards,

    Ben
    Tags: None

  • #2
    Re: Being taken to court for no insurance but I wasn’t the registered keeper.

    Where is the car invoice from dealer should show that you part exchanged the car on a date that's proof

    Comment


    • #3
      Re: Being taken to court for no insurance but I wasn’t the registered keeper.

      I have the invoice and sent a copy to the DVLA, it seems the offence is being the registered keeper of an uninsured vehicle rather than the actual owner!

      Comment


      • #4
        Re: Being taken to court for no insurance but I wasn’t the registered keeper.

        Others o LB will advise you please be patient

        Comment


        • #5
          Re: Being taken to court for no insurance but I wasn’t the registered keeper.

          Thank you!

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          • #6
            Re: Being taken to court for no insurance but I wasn’t the registered keeper.

            There is no requirement to sent anything to DVLA by Signed For. They have a serious problem of losing post sent to them and often accuse the general public. All you need is a Certificate of Posting which is free from any Post Office, in your case you only need to swear that you posted the item. It is then for them to prove you did not. What has happened to you is a very frequent occurrence particularly with trade ins.

            Comment


            • #7
              Re: Being taken to court for no insurance but I wasn’t the registered keeper.

              Thanks. I called the DVLA today who confirmed they have the correct date of transfer for the part ex to the dealer, I will try and get hold of the dealer later!

              Comment


              • #8
                Re: Being taken to court for no insurance but I wasn’t the registered keeper.

                I just spoke to the dealer who said they sold the car at auction 2 weeks after the part ex date. They didn't notify the DVLA of the transfer as this is the responsibility of the person who purchased the car however they are going to write a statement for the court!

                Comment


                • #9
                  Re: Being taken to court for no insurance but I wasn’t the registered keeper.

                  Originally posted by Blinky View Post
                  They didn't notify the DVLA of the transfer as this is the responsibility of the person who purchased the car
                  They are incorrect, it is the seller who is responsible, so it was your responsibility to notify DVLA you had sold it to the dealer & then the dealers responsibility to notify DVLA when they sold it. It used to be the purchaser but that changed several years ago
                  Sorry i'm just thinking out loud, it might be irrelevant, I am not employed in anyway in the legal profession, please ensure you research any advice I give before using it I have been known to be wrong on multiple occasions.

                  Comment


                  • #10
                    Re: Being taken to court for no insurance but I wasn’t the registered keeper.

                    Well if this is all true and you have clear evidence that you did in fact have nothing to do with the vehicle after sale date and it eventually ends up in court then what a sorry state we have got ourselves into. It's a no wonder the courts are overwhelmed if this is what they have to contend with.

                    Personally I'd wait until the court hearing and let the judge see sense and then claim compo for the stress etc from dvla.

                    Comment


                    • #11
                      Re: Being taken to court for no insurance but I wasn’t the registered keeper.

                      It isn't unknown for DVLA to take the matter to the court steps before withdrawing!
                      They do their utmost to relieve peeps of their cash, much as private parking companies

                      Comment


                      • #12
                        Re: Being taken to court for no insurance but I wasn’t the registered keeper.

                        Originally posted by des8 View Post
                        They do their utmost to relieve peeps of their cash,
                        I think that pretty much goes for most oversized companies.

                        Comment


                        • #13
                          Re: Being taken to court for no insurance but I wasn’t the registered keeper.

                          I managed to speak to a prosecutor at the DVLA yesterday who offered £50 out of court settlement, I took it!

                          Comment


                          • #14
                            Re: Being taken to court for no insurance but I wasn’t the registered keeper.

                            Oh well, avoids the stress of court.
                            Thanks for letting us know.

                            Comment


                            • #15
                              Re: Being taken to court for no insurance but I wasn’t the registered keeper.

                              Good result, but why did they waste so much time & money on a prosecution that was clearly going nowhere, what is more galling is it's our money they are wasting.
                              Sorry i'm just thinking out loud, it might be irrelevant, I am not employed in anyway in the legal profession, please ensure you research any advice I give before using it I have been known to be wrong on multiple occasions.

                              Comment

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