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Found 11 results

  1. Hi guys thanks in advance for any replys, all help appreciated. I received a letter through the post to state that I had been charged with the offence of being the registered keeper of an uninsured motor vehicle. The letter I received was sent to my old address (mums house), stating that I either need to reply guilty or not guilty etc to the above offence. The vehicle in question was my old car that was left at my mums on the driveway for her to scrap/sell, I had moved the insurance from this car onto my new car so at this point the car was uninsured. Due to the car being in the way my mum had moved the car onto the road, I'm not sure whether this is why I have been charged with the offence or whether it doesn't matter if it's on the road etc? Next question is I'm sure I never received a fixed penalty notice for the offence, I pick up my post once every couple of months from my mum address some things I still haven't changed address on, is this a legitimate defence to ask the dvla if they can revert back to this stage as I no longer live at the address so didn't receive notification of the offence and the fine I had to pay ( which if I'm in the wrong I'm happy to pay) If it is not a defence that I am no longer living at the address and the dvla are not willing to revert back to the fixed penalty notice stage what is my best bet moving forward? Shall I plead guilty to the offence and provide this information in mitagating circumstances to the court? If this is the case what sort of punishment is likely for the offence and would this constitute a criminal record. Any help or advice greatly appreciated
  2. I'm seeking some advice... Cutting long story short - a couple of years ago someone else (my partner) was driving my car (with my permission) with me as a passenger. Partner had a fully comp insurance and wrongly thought it contained a third party insurance on my car (i accept it was a very stupid mistake, and we have learnt a lesson to check all details on insurance big time!). Partner was not listed on my policy. My vehicle was involved in a minor collision with another vehicle while being driven by my partner. No visible damage to either of the cars and third party driver and passenger assured they were fine and had no injury. Police were not called. Afterward we called partner's insurers to inform them of this minor collision it transpired partner was not insured on third party vehicles, including my car. Eventually third party made a series of claims including whiplash and damage to vehicle. Admiral sent me form of indemnity which i did not sign. Partner never had any communication about this from any source. Now Admiral are pursuing me for just short of 10k for their "outlay" in this case. Third party was also insured with Admiral. I am concerned they have not investigated this matter at all and as far as i'm aware no medical or other evidence has been presented by third party and this claim has been just paid out by Admiral without any consideration to minimise the costs. My question is: does this mean all claims have now been paid out by Admiral to third party considering they seek "settlement proposal" for their "total outlay"? Also my understanding is Admiral would only be able to act as RTA insurer and pay out to third party IF they obtained either signed form of consent and indemnity or obtained court judgement against the driver (my partner) BEFORE paying out the claims to third party (considering i was not the driver, partner was not a named driver on my policy, and form of consent has not been signed). I have obtained legal advice from solicitor who advised not to sign the consent and indemnity form as it is effectively a blank cheque. He gave me advice as above i'm still confused as to why have Admiral paid out to third party as RTA insurer (which they say they did) without any signed consent form or court judgement? can Admiral now legally pursue me for their outlay? Can they now take legal action and obtain court judgement against my partner (we are still together) considering they have never even sent them any communication (although they were aware of driver's details)? The solicitor seems to suggest they Admiral effectively do not have a legal leg to stand on now as they have paid the claims out without taking the required steps as above, if anyone has any similar experience or knowledge i would be grateful for this. I just don't know where to go from here and how to finally resolve this.
  3. Hi my father past away on June 3rd my brother in-law was still driving his car so I contacted DVLA to inform them. they sent me back the tax that was left over and unregistered it. 2 weeks later he was still driving it so I contacted them again they said they had past it on to nsl to be towed or clamped, when I phoned nsl they had no idea what I was talking about, so I wrote a complaint to DVLA online. I received a reply saying they would deal with it when they were in the area. 2 weeks later he was still driving it so I wrote another complaint I also told them when they were driving to wales from Winchester "about 350 mile trip there and back" and what route they were taking for the 3rd time since reporting it, and still he was driving it a week later. I have also reported this to the police twice in person twice by phone, i have reported it to a traffic warden and to a council official who again informed the police. I also took photos of the car parked in a disabled bay using my deceased fathers disabled blue badge and passed that information to the right people and still today over 2 months later he is still driving it. I would really like to know when are the authorities put there to protect us concerned for the public safety on our roads. You can not even look up this car any longer as apparently it does not exist.
  4. Hello, I may need some guidance please. Last Wednesday I was travelling home from work, came off an A road onto a slip road which leads to a roundabout. There was a queue of traffic waiting to enter the roundabout. I joined the queue and was stationary when a vehicle behind me failed to stop and ran into the back of my car with quite some speed. I was propelled forward and almost hit the car in front of me., luckily there was no impact as my car came to a stop before hitting them. The guy who hit me got out of his car and stated he was sorry and accepts full responsibility. He gave me his name and an insurance company but stated he had no ID and no insurance documents on him, he said he didn't need any details from me as he accepted full responsibility. I took a photo of his car and registration plate with my mobile. He apologized and drove off, almost causing a second accident by nearly missing a van that came travelling up the slip road. My car has considerable damage to the back, the bumper is cracked, the rear passenger side wing is coming off, the number plate and number plate light are broken, the boot hatch is dented and I cannot open the boot anymore. I have neck and shoulder injuries and now have got a tinnitus in both ears, the doctor hopes it should settle again over time and is a whiplash type neck injury which can also cause the ringing in both ears. I have TPFT cover on my car and phoned my insurers to start the claim, when I gave them the details of the other car it came back as uninsured, the details he gave me were false. They said they couldn't help me any further but going by the damages described they thought for insurance purpose my car would be a total loss. (10 year old Ford KA). I since got an estimate from a local repair garage for £300.- to fix it though (the same garage I originally bought the car from and the guy said he would do me a deal as I think he felt sorry for me to be honest, so he said he'd do it for £300.-) I also reported it to the police who gave me details of the MIB, I spoke to them and downloaded a claim form which I have filed out and returned today. Ha anybody got some experience what is happening next and what I can expect to be the outcome ?
  5. I had an accident on the 31st July... I was driving down a main road when a car didn't stop at a stop sign, and pulled straight out in front of me. We exchanged details and everything, he said it was a company car and he didn't know the insurance company but he gave me the name of the company. When I got home I rang Hastings and gave them all the details. The next day Albany phoned, a courtesy car was arranged and my car was booked in for collection. That afternoon the driver of the other car rang me to say that he wasn't on their fleet policy so was uninsured. I then rang Hastings and told them what he had told me; they said I would be covered under the uninsured drivers promise - it wouldn't effect my no claims, if they proved he was uninsured then my excess would be waived, else my excess would be claimed back either from the otherside or under the promise. In any case Hastings canceled Albany and issued new instructions to Nationwide. Nationwide then collected my car, gave me a courtesy car, and kept me informed every step of the way. They told me on the 7th August they had issued a quote for repairs to Hastings, and were waiting for instructions. On the 9th Nationwide phoned me to arrange collection of the courtesy car as my vehicle had been declared a total loss. During this phone call they said they had waited to phone, so Hastings had the time to call me and inform me of the total loss. On the 12th August I had still not been contacted by Hastings, so I decided to contact them. The person on the phone didn't know about the total loss, and had to put me on hold to phone nationwide. Once she came back to me she told me that Hastings hadn't been informed of the total loss until now. - How can this be? Surely it is Hastings who decide whether to repair my car or not? During the past two weeks I have phoned Hastings a number of times to try establish what is going on, and each time I get told something different. However I have asked whether the other driver is insured numerous times and each time; I get told the car is insured but the drivers not. Each time I get told that means my claim will be dealt with under the uninsured drivers promise. When I then discuss what this means - I get told my no claims wont be affected. When I ask about my excess they tell me I still have to pay it, as the insurance schedule only says I keep my no claims. This is despite the fact the website says I don't pay my excess (I have evidence to prove this, in case they change it) and the first guy telling me my excess would be waived if it was proved he was uninsured. Yesterday I had a phone call to tell me what happens next. Suddenly Hastings are claiming that since the other car was insured, he technically wasn't an uninsured driver and they will be claiming against the fleet insurance, I will have to pay my excess but will be able to claim it from the other party if they admit liability. - Now to me this just seems like Hastings is trying to pull a fast one, so I have to shoulder the costs and I loose my no claims. No way is the fleet insurer going to admit liability for a driver not on their policy! If it was the other way round Hastings wouldn't admit liability would they! Finally I got a letter today saying I need to send my V5C (along with other documents) to the address below, however there was no address below! I find the need to send my V5c strange, seen as I will need to use this to 'sell' the car to Hastings once we have agreed a price.
  6. This is what the DVLA have sent me. [ATTACH=CONFIG]46474[/ATTACH][ATTACH=CONFIG]46475[/ATTACH] I'll try to keep it brief as I can. In March/April this year I paid the DVLA £50 for the car not being insured and took their advice that the car needed to be SORN. The vehicle was not being used due to water leak problems. ( car was still taxed but insurance cancelled) Took the advice and sent off SORN and left it at that. Come 2nd week of August I receive this requisition. Within a week i plead not guilty (on behalf of wife- as it his her car) and wait. Last week 11th Sept, I begin to worry as I have not heard from them. I contact DVLA only to be moved from pillar to post, Find out vehicle has never been made SORN so do it over the phone there and then. Advised to write to the Enforcement Centre as apparently this is the only way you can contact them. Again, 16th Sept, worrying about no correspondence back, I call DVLA who ask me to call the courts. Eventually i speak to the appointed witness this morning (17th Sept) If i have put in a no guilty plea the case will be adjourned and ill be informed soon and maybe have a trial (!!) nearer to home in two to four weeks. There will still be a hearing which i don't need to attend! Speak to the dvla appointed witness, who says i don't have a leg to stand on. The car had lapsed insurance but still had tax. I originally paid fine to stop it going to court but the MIB checked again in June and the car was still uninsured therefore this is why i am going to court. I explained that once I paid my initial fine I sought advice and was told to SORN. I did this. He then asked whether I received an acknowledgement letter to confirm the SORN. i had not received it and he then went on to tell me that its my duty to call the DVLA and find out what is happening. I explained Ii had done what was required of me. Further more he also mentioned that while the car is still taxed you cannot SORN it. So, is there any advice or solicitor I can be referred to as it looks as though I will end up going to court. I did ask about changing the plea to guilty and pay the fine but this is unjust as I have not used the car illegally or anything. All help would be soo appreciated as I am stuck on what I need to do.
  7. Hi guys, First post here. I found the forum while on google. I don't have any paperwork infront of me so I will just give you the basic outline of my story minus all the road traffic act BS etc. My motorbike was up for sale, so I put a full MOT and 12 months TAX on to help sell it. It didn't sell and it just sat in my shed. A few months went by and I got a demand from the DVLA as my bike was no longer insured. I had to insure it or sorn it. I could return the tax disc for a refund. Failure to do so would end up with penalty or court. Being disorganized, I had lost the new tax disc and admittedly didn't get my butt into action. A couple of weeks later, I got an automatic fine. I complained because the first letter had not given me a deadline to act by. I think this is poor practice as any government service should work to clearly defined deadlines and procedures. Naturally my complaint got ignored and I paid the fine to avoid further penalty. I requested a V33 lost tax disc form via the DVLA but they didn't send one. I therefore sent back the tax refund/SORN decleration form as requested, only minus the tax disc. I did this to at least declare sorn and avoid any more grief. The form was returned to me saying that I cannot claim for a refund on my tax disc without the tax disc (fair enough) and enclosed a missing tax disc form. This form makes you sign an agreement whereby the DVLA may keep £12 of the refund. A 2 month refund on a £60 tax disc is less than that! I really wasn't fussed about the refund (I'd already been stung) and didn't return the form. About a month passed by and I got a court summons for a repeat offense. I complained and wrote to my local MP. The response I got was late (according to their own response guidelines) and they notified me for the first time, that my SORN was rejected for not returning the tax disc. This had NEVER been mentioned to me before. The letter I received only ever mentioned monetary interests for returning the disc. They gave me a 9.45am court date in SWANSEA - I live in Luton. They instructed me to return my non guilty plea to them. I contacted the court a couple of days before and they said I should have contacted the court directly and could have the hearing at my local court. Why did they not make me aware of this? The DVLA have basically made the process as difficult as possible. They refused to give me any vehicle information over the phone because of the court date. A written request could be made with a cost attached, but they would not guarantee the information's arrival until AFTER the court date. They haven't been clear about rejecting my SORN declaration an gave me incorrect information about the SORN declaration process. I should be shocked that this is a GOVERNMENT organisation, but I'm not. I also don't believe that I will win or receive a fair trial, but I am going to stand up in court and have my say. I have been compiling as much evidence as possible to illustrate their incompetence and resistance to helping me resolve the issues. There is a hearing next week in Swansea to discuss having the summons in Luton. What an expensive and ridiculous process! TYPICAL!!!! I shall keep you all posted!
  8. I sold my vehicle to a on 11 December 2012 and sent the completed V5 form back to the DVLA. After a few weeks I realised that I had not received confirmation of the change of owner. I then received a letter from the MID stating that my vehicle was uninsured. I phoned MID and explained that the vehicle had been sold. They told me to phone DVLA and find out if they had received the V5. To which I did, and DVLA confirmed they had not received it. They advised me to send them a letter detailing the new owners address details and the date of sale, to which I did on 28th February 2013. I heard no more until April 2013 when I received a PCN from DVLA for having no insurance on the vehicle I had sold. They wanted me to pay a £50 penalty which increased to £100 if not paid in a certain amount of time. There were no telephone contact numbers on the letter just a number to make payment via an automated service. So, I phoned DVLA again explaining the situation. They told me to write to the DVLA Enforcement Centre explaining the situation to them this time. Within a few weeks when I returned from my holiday there was a final notice letter from the Enforcement Centre, even though I had sent back their form stating the vehicle was sold. Plus copies of all letters sent to the DVLA and a photocopy of the V5 which I had kept. The following day I received a further letter from them stating that they had finally received my letter stating the change of owner and I would receive confirmation within 20 days. However, this letter was a generic letter from the DVLA and didn’t respond to any of my queries detailed in the letter I sent to them. They are now demanding the £100 penalty and if not paid they will take me to court! They claimed that as they did not receive details of the change of address until after the PCN had been issued they could not stop the fine. Even though, I sent back the V5 and a further letter in February, two months before they sent me the Failure to Insure penalty! I have tried phoning them, but they are only open 9-5 Monday to Friday and always get put in a ridiculous queue. I am considering making a formal complaint or should I let them take me to court and put my case forward there? There is no way on earth I am paying them any money for a fine. They have the new owner details now and should be chasing him for being uninsured. Any advice would be greatly appreciated. Thanks.
  9. Ok a bit of backgrounf info. I sold my car and posted the slip off to the DVLA. I didnt get a receipt in the 4 weeks and didnt contact the. I got a "Requisition" letter from them and pleaded not guilty and sent it to the Prosecutor at the DVLA, not the court. I was waiting for a reply before the court date as I had informed them in a letter attached with the not guilty plea that I would be on holiday and would not be able to attend. Nothing came and I was found guilty in my absence. I rang the court when I got back as there was a notice of a fine collection and collection order on the mat. I applied to re-open the case due to the circumstances. Today was the court date. I waited 3 hours before being called in, I told them that I had posted the letter to the DVLA first class and that I had done what I had been asked. The DVLA rep said it wasnt good enough, I then quoted section 7 of the interpretation act, the clerk then told me that earlier in the day someone else had been found guilty because the court had decided that on the requisition it stated that I had "failed to forthwith DELIVER notification to the secretary of state" and because of the word DELIVER it didnt apply. After a bit of arguing it out and banging my head on a brick wall one of the judges said as it was late he would have to hurry it up as he needed to leave to sort his car out! So I had 2 choices, adjournment or dont take it further and maybe get the fine reduced from £250! I have had no wages for 2 years, living on tax credits, I am self employed and havent made a profit in the 2 years, how can I pay a fine! I asked for it to be adjourned so I could get some advice from some fellow Caggers. Now I am back at the office I have looked on the back of a V5 and it states "RETURN the page opposite" I think the DVLA rep had drawn attention away from "RETURN" and focused on the "DELIVER" on the requisition letter so she can get the judges on her side. Can anybody help as I cant afford a fine.
  10. Hi all I foolishly drove on a provisional by myself and am now being summoned to court over this offence and driving without third party insurance, i was and am still named as a driver on my girlfriends policy. i intend to plead guilty via post and was wondering if anybody know what my likely punishment would be and the best way of escaping a ban. i am not condoning this and agree i should be punished
  11. hi there Sorry Im struggling to get my head round what to do in this situation I have had 1 letter which is a requisition that I attend court on the 4th Oct ( which i cant as I am working ) And I want to reply to the case stating my side So it is for no insurance on a vehicle which I, probably in my naivety, thought was sorned and okay I sent the sorn notice off in Feb, didnt get any response but to be honest never chased it. It was off road and still is, parked on private ground. I didnt know it had to be insured when sorned, and again, never took much notice to the new rules... I am not insurance dodging as i have 2 motorbikes which are insured and tax n tested. I have not received any other letters from anyone until this court letter, so didnt know anything about it....also the tax on the car runs out today and i havent had notification, so this makes me think that there is a problem in the system somewhere as surely i would have had a notification unless it was noted as sorn? As soon as I got this letter I insured the car, seeing as it has to be done so by law I have looked up the penalties and it says up to 6 points, to which this can make me unemployed as I am a bus driver which 6 points is a no no .... SOOO can anyone help/advise do i plead guilty/not guilty /write a letter in my defence ? If so can anyone help me draft a letter, pretty please Thanks in advance
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