Failure to insure penalty = bit of a long one I'm afraid.....

[Funkyboogaloo]

Hello all, I wondered if someone could help. My boss bought a new car last year and gave his old car (X5) to a local garage (the owner has done work on lots of the companies cars so we've had a previous business relationship) for him to sell. We advised we were going to SORN the vehicle as my boss was taking it off his insurance but the owner advised us he would add it to his insurance as it would be easier to sell if it was already taxed. I received an email from him on 16.1.13 to advise he had added this vehicle to his insurance. A couple of months later we received a notice from the DVLA to advise we must pay a fine of £50 as on 7.2.13 the vehicle wasn't insured. I spoke to the garage owner who emailed his insurance broker to advise he needed to sort this out and sent out this onto the DVLA. We then received a further notice saying we needed to pay a fine of £100 as we had ignored the previous letter. Again got in touch with the garage owner and his insurers for them to sort out and forwarded information onto the DVLA. We have now received a summons to court for not paying the fine and for not being insured. Contacted the garage owner and broker and the broker has since sent an email to state the vehicle was put on the MID on 16.1.13 with scanned proof attached, however the scanned proof shows that the broker added the vehicle with one letter wrong (an S instead of an F) but that this was then changed on the MID. I have sent all the above emails and correspondence as well as a covering letter and a "not guilty plea" to the DVLA over a week a go (by recorded/signed for delivery) but haven't heard anything back. The case is due in court tomorrow but I don't know whether my boss should be attending or not (he's mad busy so having to take a day out to Chester will cause untold problems!) Does anyone know of a number I can contact the DVLA courts etc or where is best to go with this?? Thanks in advance.

[bluebottle]

Re: Failure to insure penalty = bit of a long one I'm afraid.....

Hi and welcome to Legal Beagles.

Have you had DVLA's "We want details of your defence" letter yet? If this is going to a magistrates court, DVLA know very well that they cannot ask for details of a defendant's defence. It not only breaches the Human Rights Act (Article 6), but Criminal Justice Law, also.

You might be approached by a "DVLA Prosecutor" at the court who will ask to discuss your defence with you. The answer you give is "No" and make sure the judge knows what he or she has tried to do. However, don't put it beyond possibility after being politely told to take a hike, the "DVLA Prosecutor" will have the case adjourned.

It would appear these "DVLA Prosecutors" are telling defendants they haven't a cat in hell's chance of defending the summons and send them on their way, which allows them to go into court, lie to the judge or bench that the defendant hasn't turned up and secure a conviction by default. Strictly speaking, what these "DVLA Prosecutors" are doing is totally illegal. Be warned.

[wales01man]

Re: Failure to insure penalty = bit of a long one I'm afraid.....

There must be proof the vehicle was insured on the day of the alleged offence?

[bluebottle]

Re: Failure to insure penalty = bit of a long one I'm afraid.....

There must be proof the vehicle was insured on the day of the alleged offence?

The insurance broker entered the wrong VRM. So if anyone should get it in the neck, it is the insurance broker. The insurance broker should also be required to indemnify you against any fines, costs and other expenses.

Where the MID is concerned, it is the responsibility of the insurer to ensure the correct details are entered on the MID and it must be entered within seven days of an insurance certificate taking effect, by law.

I would certainly drag the broker into court tomorrow to explain to the judge or bench what has happened. Hopefully, the court will see sense and dismiss the case.

[wales01man]

Re: Failure to insure penalty = bit of a long one I'm afraid.....

Interesting to see if broker accepts any liability here or the DVLA drop the case

[bluebottle]

Re: Failure to insure penalty = bit of a long one I'm afraid.....

Interesting to see if broker accepts any liability here or the DVLA drop the case

If it was the broker's mistake, they should be covered by Professional Indemnity Insurance. However, the DPA could kick in as in "failure to ensure accurate records" or the Supply of Goods & Services Act 1982 as in "failing to exercise reasonable care and skill". Consequential Loss can be claimed under the Act. TBH, Wales, I don't think the broker can wriggle out of this. Also, given the circumstances, DVLA would, indeed, be very foolish to continue to proceed given that they were previously advised of the broker's error.

[Funkyboogaloo]

Re: Failure to insure penalty = bit of a long one I'm afraid.....

Thanks to everyone for their quick response. We've heard nothing at all from the DVLA (either by post or phone) since we sent our plea. I spoke to the court this afternoon and they've advised that as we've entered a plea by post (they also confirmed they have received this) that we do not need to attend this hearing as this is solely to work out whether the DVLA actually have a case against us. Here's hoping they see sense and throw it out! I will let you know how we get on but thanks again for all your help

[enquirer]

Re: Failure to insure penalty = bit of a long one I'm afraid.....

I spoke to the court this afternoon and they've advised that as we've entered a plea by post (they also confirmed they have received this) that we do not need to attend this hearing as this is solely to work out whether the DVLA actually have a case against us.

Attend.

[labman]

Re: Failure to insure penalty = bit of a long one I'm afraid.....

I agree, make sure you attend the court, or you may well end up with a judgment against you.

[bluebottle]

Re: Failure to insure penalty = bit of a long one I'm afraid.....

Definitely agree with Enquirer and Labman's advice. There is too much of this "don't turn up" and it turns out to be a scam to allow DVLA and Capita/TVL to obtain default convictions. The court is also in breach of Article 6, Human Rights Act (Right to A Fair Hearing) by doing this.

Make sure you attend. I would be interested to learn of the look on the DVLA "prosecutor's" face when you appear.