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Court Summons for Section 144A(1)

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  • Court Summons for Section 144A(1)

    Hi all,

    Hoping for some advice on how the proceed with the following summons

    In June/July 2013 my car broke down and the cost to repair exceeded it's value so I sold it to the garage I had it towed to. We filled in the V5 paperwork on the spot and it was posted the next day. Come November the DVLA wrote to me with a fixed penalty for not insuring (despite the fact that the required paperwork was sent off months earlier). After contacting the garage I sold the car to they confirmed they still hadn't received the new log book. I, perhaps foolishly, ignored the letter. 3 weeks ago I finally received notification that the car had been transferred and the garage have confirmed that they received the new log book at the same time. Neither of us had contacted the DVLA to ask why the log book was taking so long to process. I thought that the end of it.

    Now today I have received a courts summons for next month on the "charge that on 22/10/2013 I was the registered keeper of a vehicle that did not meet the insurance requirements, contrary to Section 144A(1) of the Road Traffic Act 1988."

    Now, clearly DVLA received the V5 as they processed it. It took them 7 months! to process this and they have the audacity to charge me with this.

    Surely the V5 we sent off with the dates of sale etc should prompt the DVLA to think that this is down to their failings to process the transfer in a timely manner, however this is the DVLA...

    What options do I have? Could the garage owner I sold it to write a statement confirming this to the courts? He's already said he is willing to provide any documents available to help me.

    How can the DVLA get away with not processing a V5 document and then issuing penalties for not insuring a car I no longer possess!

    Any advice greatly appreciated.

    Thanks,

    Codeine.
    Tags: None

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