DVLA - Single justice procedure notice - Failure to comply with insurance requirement

[andjac]

Hello,

I have received a Single justice procedure notice - Failure to comply with insurance requirement

First thing i noticed is the court they have sent me a letter from is a court around 60 miles away, is this correct?

My situation: The car in question was traded in for part of the value towards my new car in march 2017, i then sent the relevant paperwork to the DVLA(not recorded delivery) the week after the sale(i assume the DVLA or Royal mail lost it). then 3 months later they sent me a fine notice, I rang them and explained my situation, I was then told to send them a letter explaining the situation which was sent recorded delivery and they received on Sep 3rd 2017. I then assumed the problem had gone away.

As of the 3rd of Jan 2018 i have this notice and would like some advice on how to plea. they acknowledge my letter but have stated it took too long(via a phone conversation) and therefore i must face the notice in court.

i would appreciate any help on how to respond.

Thanks in advance

[ploddertom]

Re: DVLA - Single justice procedure notice - Failure to comply with insurance require

The DVLA have form for losing post. There is no requirement for to correspond with them by Signed For, you should obtain a free Certificate of Posting from the Post Office when sending anything to them. They may tell you that you are supposed to contact them if you have not heard back from them within 4 weeks - however there is no legal requirement to do this.

You should just need to swear that you posted the appropriate documents to DVLA on or about XX/XX/XXXX, once in the mailing system it is beyond your control what happens next. They will probably still insist on doing Court but often fold on the day, they may also suggest they can accept a payment of £50 or similar to halt things.

More guidance can be obtained from Pepipoo.

[andjac]

Re: DVLA - Single justice procedure notice - Failure to comply with insurance require

Ploddertom,

Thanks, I really appreciate the help.

what did you think about the court letter suggesting a court that’s 60 miles away, is this common?

Do you think I should state in my please just the facts or use legal references?

Regards,

[Kati]

Re: DVLA - Single justice procedure notice - Failure to comply with insurance require

what did you think about the court letter suggesting a court that’s 60 miles away, is this common?

Northampton by any chance?? If the DVLA proceed with a court claim, you'll have a chance to get it moved to your local court before the case was heard

[andjac]

Re: DVLA - Single justice procedure notice - Failure to comply with insurance require

Hi,

no, it’s stating Peterborough which is nowhere near where I live.

i am going to please not guilty as I have done nothing wrong.

But going back to my previous question should I just stick to my current facts, or refer to case law?

kind Regards,