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Failure to Insure Penalty *COMPLICATED*
Hi All,
I am new to the forum and was after some advise on a matter that I have landed into: I really apologise about the length of the post and I appreciate your time.
On the 23/05/13 I received two letters, one from DVLA being a Requisition to attend a hearing at a Magistrates in Swansea on 15/05/13 which meant that I missed the hearing, same format as all other Requisition letters seen on this forum but mine mentions Offence (That was the registered keeper on 08/11/2012. The vehicle did not meet the statutory insurance requirements contrary to Section 22 of the Road Safety Act 2006)
The car was not insured at the time and was on my name, it was Taxed and in private property however not insured, I was not aware that it is illegal to have a car Taxed but not insured whilst in private property, and if one needed to do so in the future a SORN would have to be made. This could be to my own disadvantages but you get so carried away with life due to busyness and other that you only learn and deal with things as they happen.
The problem in my case is that I received the Requisition letter late, and did not receive the penalty notice from DVLA or any other correspondence before that at all, which still puzzles me to this day. This could be for a number of reasons beyond my control i.e. missing post by Royal Mail, post box could have been picked downstairs as I live in a flat and box is easy to open, DVLA never sent the letters or any other possibilities.
I am a law abiding citizen, clean record on everything and would never have ignored such matter intentionally and to be honest since the 23r of May I have had nothing but stress from this as its making me look like an idiot.
I called DVLA and they advised me that they sent me a warning letter back in October 2012, the penalty on 08/11/12 as mentioned above to pay £100 or £50 if paid within 21 days or so and another penalty final notice to pay £100 sometime in November 2012.
I have not received any of these and to be honest I have not had any major Post issues at my address before and this is a first time incident. Anyhow I attended a Requisition hearing, explained my circumstances and it was approved at a Magistrates in Richmond (Middlesex), after that DVLA started proceedings again and sent me a new Penalty Notice to pay £100 or £50 if within 21 days or so.
I was going to pay and get over and done with as it was not worth the hustle as this has taken way too much time from me already but I am very annoyed with the fact that I never received any of the previous correspondence that could of helped me prevent this matter from occurring in the first place and feel as if I am being blackmailed to pay them money.
I have asked for proof from DVLA that they have sent all previous communication but they do not seem to record any of their deliveries at all, which is disappointing as it would have helped me with my case.
I sent a letter back stating that I won’t be paying the new penalty and look forward to seeing them in court as I will be defending myself on the matter. Today I received a letter that they will be prosecuting me in Court and they are making arrangements to do so.
I am happy to defend myself, I have no evidence apart from honesty and articles I found online that refer to DVLA having history for loosing mail.
Could you please offer your honest opinion or some advice if possible on the matter.
I am going to be outside the country from 15th to 26th of July and I have explaiend this to DVLA. I am afraid that they might arrange a hearing whilst I am away and wont be present to defend my self and land my self in more trouble. My penalty notice mentions that I have until the 14th of July to pay the 50% otherwise it will increase to £100.
Could I still pay the £50 or is that not an option after an appeal and then deal with the matter afterwards or not?
Thanks again for reading
Any comments are welcomed
I am new to the forum and was after some advise on a matter that I have landed into: I really apologise about the length of the post and I appreciate your time.
On the 23/05/13 I received two letters, one from DVLA being a Requisition to attend a hearing at a Magistrates in Swansea on 15/05/13 which meant that I missed the hearing, same format as all other Requisition letters seen on this forum but mine mentions Offence (That was the registered keeper on 08/11/2012. The vehicle did not meet the statutory insurance requirements contrary to Section 22 of the Road Safety Act 2006)
The car was not insured at the time and was on my name, it was Taxed and in private property however not insured, I was not aware that it is illegal to have a car Taxed but not insured whilst in private property, and if one needed to do so in the future a SORN would have to be made. This could be to my own disadvantages but you get so carried away with life due to busyness and other that you only learn and deal with things as they happen.
The problem in my case is that I received the Requisition letter late, and did not receive the penalty notice from DVLA or any other correspondence before that at all, which still puzzles me to this day. This could be for a number of reasons beyond my control i.e. missing post by Royal Mail, post box could have been picked downstairs as I live in a flat and box is easy to open, DVLA never sent the letters or any other possibilities.
I am a law abiding citizen, clean record on everything and would never have ignored such matter intentionally and to be honest since the 23r of May I have had nothing but stress from this as its making me look like an idiot.
I called DVLA and they advised me that they sent me a warning letter back in October 2012, the penalty on 08/11/12 as mentioned above to pay £100 or £50 if paid within 21 days or so and another penalty final notice to pay £100 sometime in November 2012.
I have not received any of these and to be honest I have not had any major Post issues at my address before and this is a first time incident. Anyhow I attended a Requisition hearing, explained my circumstances and it was approved at a Magistrates in Richmond (Middlesex), after that DVLA started proceedings again and sent me a new Penalty Notice to pay £100 or £50 if within 21 days or so.
I was going to pay and get over and done with as it was not worth the hustle as this has taken way too much time from me already but I am very annoyed with the fact that I never received any of the previous correspondence that could of helped me prevent this matter from occurring in the first place and feel as if I am being blackmailed to pay them money.
I have asked for proof from DVLA that they have sent all previous communication but they do not seem to record any of their deliveries at all, which is disappointing as it would have helped me with my case.
I sent a letter back stating that I won’t be paying the new penalty and look forward to seeing them in court as I will be defending myself on the matter. Today I received a letter that they will be prosecuting me in Court and they are making arrangements to do so.
I am happy to defend myself, I have no evidence apart from honesty and articles I found online that refer to DVLA having history for loosing mail.
Could you please offer your honest opinion or some advice if possible on the matter.
I am going to be outside the country from 15th to 26th of July and I have explaiend this to DVLA. I am afraid that they might arrange a hearing whilst I am away and wont be present to defend my self and land my self in more trouble. My penalty notice mentions that I have until the 14th of July to pay the 50% otherwise it will increase to £100.
Could I still pay the £50 or is that not an option after an appeal and then deal with the matter afterwards or not?
Thanks again for reading
Any comments are welcomed
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