SJNP - DVLA uninsured vehicle

[redphoenix92]

Short story;




My father-in law sold his car back in September last year to a garage in part exchange, Whilst at the dealership he filled in all the required paperwork and the garage said they would sort everything out i.e change of registered keeper.

He then received a letter as according to their systems in December which was a fine to pay as the vehicle was shown to have no insurance or SORN , he responded to the letter simply by putting a 1st class stamp on it (to dvla) which is whom wrote the letter, advising that he sold the car to the dealership and is no longer the registered keeper.

He received no response and got sent another letter, he again responded to the letter by post using a 1st class stamp (even though i told him to send it as tracked/signed for) with evidence of proof of sale to the garage back in September last year prior to DVLA's systems showing no insurance.

To me it sounds like the dealership took a long time to inform the DVLA that he was no longer the registered keeper, as eventually he received a tax refund for the car however to date has not received a letter saying he is no longer the registered keeper of the car.

He has now been sent a SJP to plead either guilty or not guilty to the offence, obviously in my opinion this is down to the garage but looking up the law it states as he was the registered keeper its his legal obligation to ensure the DVLA are informed.




My petrified father-in law who has never broken a law in his life now doesn't know what the best option to do is, he just wants this to go away with the least possible amount of repercussions. I.E no points and a small fine or should he fight and plead not guilty.




Thank you for your help and time.

[islandgirl]

Assuming the offence is no insurance - does he have any proof of the date the car was sold (bill of sale etc)
Bad news is that for no insurance it is 6 points
https://www.sentencingcouncil.org.uk...-revised-2017/

[redphoenix92]

Yes he has bill of sale, other sources say it is not an endorsable offence i.e points but its all so mismash

• Failure to Notify change of keeper
  
  If you sell / transfer your vehicle, you have an obligation to notify the DVLA as to the new keeper, whether it be an individual, a motor trader, insurance company / salvage company. Failure to do so can result in a Out of Court Settlement Letter of £55, reduced to £35, if paid within 17 days but if that is ignored, a Single Justice Procedure Notice will be issued and the maximum fine is £1,000.
• If the vehicle is also not insured
  
  Again, regardless of whether it is being used or not, in the absence of a SORN declaration, an offence is committed and the DVLA will issue a Fixed Penalty of £100, reduced to £50 if paid within 21 days. If it is ignored, the DVLA can and will refer the case to Court, resulting in a fine up to £1,000.

Whilst none of the DVLA commenced processes will result in a penalty point endorsement, if the DVLA refer the case to Court, the financial implications can be severe and it is by no means uncommon for repeat offences to be issued if the registered keeper does not take prompt steps to rectify the oversight.

[HandyAndy]

Bad news is that for no insurance it is 6 points

As above. The charge is almost certainly under Section 144a of the RTA (that of "Keeping" an uninsured vehicle). This carries a fine only and no endorsement or points.

It is the seller's responsibility to ensure the DVLA are informed of the change of Registered Keeper.

[islandgirl]

OK so I thought there was a driving issue (perils of late night posting) which would carry 6 points.