DVLA summons for car nor owned at time of offence

[Noodle1234]

Hi I’m hoping someone on here can give me some advice.
I had a vehicle which I returned to the finance company on 18th December. I sent off the V5 the next day and did not receive the DVLA reciept until early Feb. I didn’t think much of it but then got a charge by post in June that I had this vehicle without insurance on 27th December... so a week after I parted with it.
the finance company have sent confirmation that they took the vehicle on that date so that should be the end of it right?
Dvla have now summoned me for no insurance even though they accept that I was not the keeper of the vehicle at that time.
on speaking to them, they now say they didn’t receive to V5 until the end of Januarynand therefore I’m still liable!

Dvla sway between being helpful to downright useless.
i have complied with my part of the bargin but can’t prove when I sent the V5 as it wasn’t recorded.
they have told me if I pay £100 they will drop it. Can they prosecute me for a late V5 if that is proven in court even though the summons is for no insurance? Both in any case have not happened!
Thabks in advance.

[R0b]

Hello

There have been a few cases where the DVLA have tried to summon people on here and eventually backed out. The arguments in your defence is largely based on the Interpretation Act and other things such as evidence that the vehicle was not in your possession.

I would suggest you have a read of the following links which are probably going to be your defence.

http://legalbeagles.info/forums/foru...highlight=dvla

http://legalbeagles.info/forums/foru...highlight=dvla

Tagging des8 too

[james_law]

Ownership of a vehicle is not proven by the V5, it is proven by receipt. Therefore if you can prove (have paperwork) that the vehicle was returned to the finance company on the 18th December that will invalidate any action being brought against you. You don't have the vehicle anymore and you had no access to it.

You may just have to go through the process of going to court etc and then just proving your case there. I would advise going to see a solicitor and they will be able to go through the right procedure etc.

[des8]

Just because DVLA say they didn't receive the V5 doesn't invalidate your claim to have posted the document by !st class post.
Write back and remind them of the Interpretation Act (sec 7) as R0b, and invite them to drop their request for payment.
Inform them that if they continue to court you will plead not guilty, lodge a sworn affidavit regarding the posting of the V5 and claim your costs from them.