DVLA Requisition for not insured

[eire13]

Hello,

I am hoping I am posting this in the right section and I get some help please. I am posting on behalf of my son. He has today received a requisition from the DVLA to attend court in about 2 weeks time. They say he was uninsured in April. We were at first confused by this. He got out his certificate of insurance which says he was insured on the date. He took it out online. We thought all was well. Then I had a look through his file and noticed a letter in March from his insurance company to check that the registration is correct for his vehicle. It took me only a few minutes to realise there was one digit incorrect on the letter. My son had not noticed this and continued to believe he was insured. We realise now it was his mistake. He has phoned the insurance company today to rectify the mistake. Can anyone please help with if he has a defence if he should plead guilty/not guilty. He needs to send in a witness statement. Would it help if he attends the court or not? Please can someone help us with this? Thanks.

[paulajayne]

Re: DVLA Requisition for not insured

He needs to get a letter from his insurance company to say that he was insured on the date.

[eire13]

Re: DVLA Requisition for not insured

Just wondering if this will be enough for them? He has the certificate of insurance but with the wrong reg no just one digit incorrect. He has also phoned the insurance company today and they said they will be sending a letter about the amendment so will send this to the court. Should he plead not guilty on this evidence? Also should he attend the court? Wondering if anyone could help with a witness statement. Thanks

[paulajayne]

Re: DVLA Requisition for not insured

If the insurance company will state that he was covered on the date of offence then he has a not guilty defence. Need to get it in writing though.

[eire13]

Re: DVLA Requisition for not insured

Do you think it is worth writing to the DVLA first explaining or fill in the not guilty defence?

[paulajayne]

Re: DVLA Requisition for not insured

Do you think it is worth writing to the DVLA first explaining or fill in the not guilty defence?

At present he is guilty as it looks like insurance not in place.
If the insurance company will state in writing that he was insured then not guilty.
So insurance company is the first port of call.

[Tools]

Re: DVLA Requisition for not insured

He should definitely attend court and take any evidence he has.

DVLA cases are normally dealt with in bulk, there is normally a representative acting for the DVLA at the court on the day. He should find her and present her with the evidence/his statement. 9/10 this will be accepted and the claim removed. He should respond to the claim and request more time in order to get the evidence from his insurer.

If there was an incorrect digit/letter on the registration it should have flagged up as a different vehicle, that is unless that registration number matched the exact make and model.

[bluebottle]

Re: DVLA Requisition for not insured

One tactic of DVLA is to obtain details of a defendant's defence. Strictly speaking, this is illegal. The defendant should not allow themselves to be coerced, bullied, intimidated or hoodwinked into handing over details of their defence or to plead guilty. DVLA need to be reminded their tactics will be reported to the CPS. and any legal professional acting for them found behaving in the aforementioned manner will be reported to their regulating body for professional misconduct.

[des8]

Re: DVLA Requisition for not insured

In the eyes of the law, motor insurance is an absolute i.e. either it is in force or it is not.
It is a surprisingly common mistake to get a wrong reg. number on a Certificate of Ins.
The Insurers are providing a "Letter of Indemnity" which is basically a letter in which the Insurers confirm they would have indemnified the insured for claims.
A letter of Indemnity is produced as the Insurers are not allowed to issue backdated Certificates.
A letter of indemnity is the Industry Standard way of satisfying the requirement that insurance covering third party liabilities as required by the Road Traffic Act was in place.
With this letter there should be no problems in court.
If you are pulled by the police with this problem, as soon as you produce the Letter of Indemnity the case is closed.

[MIKE770]

Re: DVLA Requisition for not insured

Pulled over once by Police who stated no insurance on DVLA computer, told them I had, they stated there are times when the computer reference is in correct, then gave me a notice to supply at the station the Insurance certificate within a certain time, I looked at certificate and low & behold an error on one letter, so I rang insurance company who corrected the details there & then and sent new certificate out which I produced at the desk at the station and that was recorded and no more heard, it was an error on initially taking out the insurance couple months before by me on the computer which I had not noticed before submission!:beagle:

[vanman]

Re: DVLA Requisition for not insured

you say that there was one digit incorrect on the letter side of the reg

if the reg stated to the insurance company belongs to lets say a lawn mower
then he would have a quote for a lawn mower.

and not the Lamborghini Aventador that he is driving

[vanman]

Re: DVLA Requisition for not insured

Hello,
requisition from the DVLA to attend court in about 2 weeks time. They say he was uninsured in April. .

bit more thought on this i take it that the requisition was because he had not put a sorn or not have insurance for the vehicle.
and not been stopped by the police or an anpr camera while driving it.

if the court case goes bad
there will be no points issued.
just a fine for keeping a vehicle without insurance or a sorn.

http://www.mib.org.uk/Motor+Insuranc...nt/default.htm

[bluebottle]

Re: DVLA Requisition for not insured

This is a prime example of what happens when the private sector muscleS in on something that should be under the control of the public service. The private sector has proven its incompetence and dishonesty over and over again. The police must be told, by MPs, to stop using the MID until a publicly-owned and run and accountable database is up and running.

[des8]

Re: DVLA Requisition for not insured

you say that there was one digit incorrect on the letter side of the reg

if the reg stated to the insurance company belongs to lets say a lawn mower
then he would have a quote for a lawn mower.

and not the Lamborghini Aventador that he is driving

Not necessarily.
If there is only a single digit adrift the given registration could (and often does) relate to an identical car. So you end up with a car apparently being insured twice, but this can also happen legitimately and will not give rise to questions.

[ncf355]

Re: DVLA Requisition for not insured

Yep

Had this once for a red light offence in Slough

All very well apart from the fact I've never been to Sloth in my life

When I asked for evidence it was one digit out and the car was a 1 series BMW, not a 3 series like mine (at the time)