Prosecution Review.

[Cormat]

I am currently in the process of being prosecuted for not meeting the insurance requirements on a car that I had scrapped last year.

Now it is my fault completely in that I had a car that broke down and was unrepairable. I had it recovered to a garage (owned by a friend of a friend) who said he would scrap it for me and I handed him over the log book. I kept my insurance going for several more months as it allowed me to use a relatives car and then when I got a new vehicle of own, I cancelled it and sorted out a new insurance policy.

My old car was never driven or on a public road without a valid insurance policy in place.

Now this was all my fault. Absolutely no issues around that and I was at fault for trusting the owner of the garage, who I knew to be an idiot of the highest order in advance, to process the paper work for me when I should have sorted it out myself. No excuses what so ever.

So I plead guilty, explain all of this along with the letters of explanation that I had sent to the DVLA and sit back and await the fine, having learnt my lesson.

Now I have been told that the case is being transferred for a prosecution review due to the vehicle being scrapped before the date of the offence. Is it worth me going along to the court or should I just let the process happen? Still not quite sure why it is being reviewed but if I can swerve a fine then that would be great.

Any thoughts?

[Kati]

Re: Prosecution Review.

[MENTION=71570]R0b[/MENTION] [MENTION=39710]des8[/MENTION] ... anything you can say here??

[des8]

Re: Prosecution Review.

Not sure what your query is.
Have you actually received a summons for being the keeper of a vehicle which does not meet insurance requirements?
Couldyou post up (suitably redacted) the documentation you have received?


And by the way when you scrapped your old car, you probably did not have cover to drive other cars.
Most policies including "driving other cars" extension contain a clause that reads somewhat like: The policy holder may drive a car belonging to him provided that the poliyholder still has the vehicle insured hereunder and it has not been damaged beyond economical repair nor stolen and not recovered...

[Cormat]

Re: Prosecution Review.

Not sure what your query is.
Have you actually received a summons for being the keeper of a vehicle which does not meet insurance requirements?

Couldyou post up (suitably redacted) the documentation you have received?


And by the way when you scrapped your old car, you probably did not have cover to drive other cars.
Most policies including "driving other cars" extension contain a clause that reads somewhat like: The policy holder may drive a car belonging to him provided that the policyholder still has the vehicle insured here-under and it has not been damaged beyond economical repair nor stolen and not recovered...

Originally the case was being held at Highbury Corner magistrates court and I sent all the relevant paper work to that address, pleading guilty. Then I received another letter informing me that it had been transferred to Lavender Hill with the reason given being 'Prosecution Review'.

I emailed the court as the letter gave me a time to attend as I was puzzled and received the following response...

The Prosecution (DVLA) are reviewing your case to decide if they wish to proceed as the vehicle was scrapped prior to the offence.

The court is in receipt of your written guilty plea and financial statement of means. The case will be considered by the court on xxxxxxxxxx at Lavender Hill Magistrates Court. If you are content with the case to proceed in absence your attendance is not required. The court will notify you of the outcome of your case in due course.


Which has left me more than a little confused.

As to the insurance part, I did clarify with my insurers that if I kept the policy running given that the my main vehicle was not on the road, would I still be covered and they assured me that as long as I paid up, there were no issues. Usually I try to be as compliant as I can with all vehicle related legislation but I dropped the ball on this one, in terms of taking the time to sort out the SORN part myself along with having been warned in advance that the garage owner was not the most reliable fellow (although its more stupidity than sinister).

Mea cupla!

I guess what I want to know is if it is worth me going along or if this is a mess up on behalf of the DVLA who did actually have my car registered as being scrapped or even back dated it after I wrote to them explaining what a div I had been.

[des8]

Re: Prosecution Review.

Looks like you might get off the hook, in spite of pleading guilty!
I doubt it will make much difference whether or not you turn up

Regarding Insurance I did say "most policies"...obviously you have a reasonable insurer (they do exist )

[Cormat]

Re: Prosecution Review.

Looks like you might get off the hook, in spite of pleading guilty!
I doubt it will make much difference whether or not you turn up

Regarding Insurance I did say "most policies"...obviously you have a reasonable insurer (they do exist )

If I do get a result on this, then I will be pleased but I am at fault so if it goes against me, then a lesson has been learnt.

Thank you for your responses.