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SORN lost in post, court appearance for no Insurance

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  • SORN lost in post, court appearance for no Insurance

    Will try to cut a long story short!

    Bought Car A a few years ago, all insured and taxed
    Middle of last year bought Car B, insured and taxed it
    A few weeks later moved house
    A few days later cancelled insurance on Car A after realising in the insurance small print for Car B I couldn't have Car A insured in my name too
    A few days later I sent off to the DVLA the V5 for Car A and Car B to change address, and SORN for Car A in the same envelope
    No recorded delivery, proof of postage unlikely to find as it was more than a year ago
    (and yes I know, maybe I should have followed it up when I didn't get anything back from the DVLA, but moving house and new born twins meant I had a lot of other things on my mind than checking the post every day!)
    Fast forward about a year to a few weeks ago, received a warrant of control from the bailiffs for £600+
    Found out it was for keeping a vehicle with no insurance
    Sent off a Statutory Declaration saying that I had no knowledge of the court case due to moving house and all the correspondence going to my old address
    This was accepted and the case has now been re-listed in a few weeks time (at Stevenage Magistrates which is about 80 miles away!)

    Sooo, given that the V5's and SORN have either gotten lost in the post or by DVLA, what's the best way of trying to avoid having to go to court with this - I am loathed to do a 3 hour round trip, travel expenses, having to take a day off work etc to sort out this mess. Do I approach the DVLA directly to try to get them to drop it, or am I going to have to go there and hopefully persuade the magistrate?

    Thanks in advance
    Tags: None

  • #2
    Re: SORN lost in post, court appearance for no Insurance

    Take my advice

    Appear in court in person. The bench will not like it and consider it disrespectful if you fail to appear.
    You are asking the court to quash the conviction, you can at least turn up

    It might even save you £600

    With me they phoned 2 days before the hearing and dropped the case

    Comment


    • #3
      Re: SORN lost in post, court appearance for no Insurance

      Oh of course, if needs be I will turn up
      Was your case similar?
      If so, what led to it being dropped?
      Was really after advice on how to get to the same outcome as yours in hopefully getting the case dropped before I have to turn up
      Did you go to the DVLA or just put your case in reply to the court summons (of which I haven't received yet by the way)?

      Comment


      • #4
        Re: SORN lost in post, court appearance for no Insurance

        They said i faled to notify change of keeper and gave me a penalty charge. I refused to pay it so they served a "requisition" on me, a sort of summons to attend the magistrates court. I gave DVLA my defence as to the Interpretations Act.

        They gave some bumf that with the act i had to personally give the minister for transport by hand the letter to use the act. I stated that DVLA were an executive agency for the minister of state and bog off

        Two days before i was due in court they phoned and withdrew the charge
        Last edited by judgemental24; 28th September 2015, 13:56:PM.

        Comment


        • #5
          Re: SORN lost in post, court appearance for no Insurance

          http://www.legislation.gov.uk/ukpga/1978/30/section/7

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          • #6
            Re: SORN lost in post, court appearance for no Insurance

            Have a read of my case just above yours. Phoned up today to cancel, court case next Tuesday. Rob was invaluable to achieving the result.

            Comment


            • #7
              Re: SORN lost in post, court appearance for no Insurance

              Originally posted by Stuffedagain View Post
              Have a read of my case just above yours. Phoned up today to cancel, court case next Tuesday. Rob was invaluable to achieving the result.
              Is it still being held at Stevenage Magistrates?

              Comment

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