DVLA Summons for S144 RTA 1988 - no insurance

[whatsthepoint?]

My daughters car suffered a blown head gasket in May last year and has sat on my drive ever since. Her tax was due back at the end of February 2013 and she failed to 'sorn' it. She was then sent a reminder and did duly 'sorn' it. She then received a summons from DVLA for 'No insurance' (s.144 RTA 1988) in early March. The summons appeared the day before I went away for 3 weeks and so we asked for an adjournment which we were given and she also sent in details of the 'sorn'. On the day of my return they appear to have ignored her 'sorn' declaration and are continuing with the summons.

Is it right that if you do not 'sorn' a vehicle you need insurance under S.144 even though there is no evidence of the vehicle being on the highway?

Is it worth fighting this summons?

I understand the use of a vehicle on a road requires insurance but it appears that even if I act as her witness and prove that the car never left the drive because she failed to 'sorn' it she commits this offence.

Will this 'technical' no insurance effect her current insurance?

Any help gratefully received from a very stressed, law abiding, father!

[labman]

Re: DVLA Summons for S144 RTA 1988 - no insurance

I hope this is an unnecessary question, but was the insurance only cancelled during the period the car was off the road with the head gasket problem? If the answer is yes, then I would fight the DVLA and force them to court if necessary, as driving with no insurance (which she wasn't, but is what future insurance companies will assume) is serious and will bump up her premiums considerably, along with points on her license.

A Statutory Declaration from you, available for £10-15 from any High Street solicitor may do the job if accompanied by a well written letter. It may even worth be worth investing the £20 or so it costs to get this sent from a solicitor as well.

[whatsthepoint?]

Re: DVLA Summons for S144 RTA 1988 - no insurance

I hope this is an unnecessary question, but was the insurance only cancelled during the period the car was off the road with the head gasket problem? If the answer is yes, then I would fight the DVLA and force them to court if necessary, as driving with no insurance (which she wasn't, but is what future insurance companies will assume) is serious and will bump up her premiums considerably, along with points on her license.

A Statutory Declaration from you, available for £10-15 from any High Street solicitor may do the job if accompanied by a well written letter. It may even worth be worth investing the £20 or so it costs to get this sent from a solicitor as well.

Cheers for this however I feel it doesn't really answer my question possibly my fault. She kept the insurance running anyway till her grandad bought her another car and then transferred it over but this was way back in June/July 2012. Annoyingly she didn't even surrender the tax disc for a refund for about 10 months tax!!!

This link shows the offence under 144(A) http://www.legislation.gov.uk/ukpga/...2/section/144A and there is no mention of driving the vehicle or having it on a road - only being the keeper and having no insurance.

This next link is the exceptions http://www.legislation.gov.uk/ukpga/...2/section/144B which when you read section (

(5)

The fourth condition is that—

(a)

the registered keeper is at the relevant time the person keeping the vehicle,

(b)

at the relevant time the vehicle is not used on a road or other public place, and

(c)

the registered keeper has by the relevant time complied with any requirements under subsection (7)(a) below that he is required to have complied with by the relevant or any earlier time.

_{Same questions as before: is it worth fighting etc. I read that this is a technical 'no insurance' that because she did not 'sorn' the car and there was no insurance she has committed the offence.}