Hi
Hope you can help. Any guidance gratefully received. Hopefully the below is clear but probably not so please ask any other questions.
I sold my car over a year ago to a private individual dealer and he sold it to someone else. I sent the forms off to change owner, but it seems DVLA didn't receive or process them. The new owner of the car was going 105mph twice over 2 days on the same Motorway and I recieved forms for both offences.
I only thought this was one offence and only just found out it was two.
This was 10months ago so although I can't fully recall, I have been getting parking tickets and speeding tickets from all over the country from this person so have had a lot of paperwork to fill in. I may have been sent two documents and thought they were duplicates so may have only responded to one.
On all responses to the Police I stated that I was not the driver and gave details of who I sold to and the dates etc.
4 weeks ago I received court forms for one of the offences. I pleaded not guilty due to the paperwork I had sent in previously.
I received no other court forms, but have received £660+£151 fine and 6 points on my license.
I called the Court and asked for a Statutory Declaration I have to book this. This is when I found out I have two cases against me. The court date for the one I pleaded not guilty for is in July.
As summary I have I received points and a fine for a court date I did not know about. I also have another court date upcoming.
Obviously this is worrying as if I get another 6 points here I can get banned!
My plan is:
1) Get the statutory declaration and get a new date for the case I never knew about. Hopefully the same date as the case I pleaded not guilty to.
2) Go to court and defend myself. I will have a witness who knows I sold the car (he sold it for me) and I will have a witness statement from the dealer saying I sold him the car.
Other questions:
1) It wasn't;t my car. Doesn't that mean all charges are not relevant? Even the non-response since I wasn't the registered keeper?
2) Anything else I can do?
3) They are obviously saying I didn't respond to either of the cases request for driver details. This is not true I gave details of the dealer I sold the car to. I sent the details by post. Can they just say "didn't receive it"?
I have a witness to state that I was asking for the details of the person who I sold the car to i.e. why else would I be asking for the details unless I intended to send off the info?!
4) if I get 12 points I am banned. I have only ever had 3 points on my license previously in over 20 years! Anything I can do to stop this in worst case?
5) Is the £811 fine and 6 points standard or is it due to the fact 105mph is a high speed and on paper to a magistrate it looks like it was me speeding?
6) I guess "I thought they were the same case" isn't a defence?
Thanks
D
Hope you can help. Any guidance gratefully received. Hopefully the below is clear but probably not so please ask any other questions.
I sold my car over a year ago to a private individual dealer and he sold it to someone else. I sent the forms off to change owner, but it seems DVLA didn't receive or process them. The new owner of the car was going 105mph twice over 2 days on the same Motorway and I recieved forms for both offences.
I only thought this was one offence and only just found out it was two.
This was 10months ago so although I can't fully recall, I have been getting parking tickets and speeding tickets from all over the country from this person so have had a lot of paperwork to fill in. I may have been sent two documents and thought they were duplicates so may have only responded to one.
On all responses to the Police I stated that I was not the driver and gave details of who I sold to and the dates etc.
4 weeks ago I received court forms for one of the offences. I pleaded not guilty due to the paperwork I had sent in previously.
I received no other court forms, but have received £660+£151 fine and 6 points on my license.
I called the Court and asked for a Statutory Declaration I have to book this. This is when I found out I have two cases against me. The court date for the one I pleaded not guilty for is in July.
As summary I have I received points and a fine for a court date I did not know about. I also have another court date upcoming.
Obviously this is worrying as if I get another 6 points here I can get banned!
My plan is:
1) Get the statutory declaration and get a new date for the case I never knew about. Hopefully the same date as the case I pleaded not guilty to.
2) Go to court and defend myself. I will have a witness who knows I sold the car (he sold it for me) and I will have a witness statement from the dealer saying I sold him the car.
Other questions:
1) It wasn't;t my car. Doesn't that mean all charges are not relevant? Even the non-response since I wasn't the registered keeper?
2) Anything else I can do?
3) They are obviously saying I didn't respond to either of the cases request for driver details. This is not true I gave details of the dealer I sold the car to. I sent the details by post. Can they just say "didn't receive it"?
I have a witness to state that I was asking for the details of the person who I sold the car to i.e. why else would I be asking for the details unless I intended to send off the info?!
4) if I get 12 points I am banned. I have only ever had 3 points on my license previously in over 20 years! Anything I can do to stop this in worst case?
5) Is the £811 fine and 6 points standard or is it due to the fact 105mph is a high speed and on paper to a magistrate it looks like it was me speeding?
6) I guess "I thought they were the same case" isn't a defence?
Thanks
D
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