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molly316

DVLA failure to notify help needed - requisition next week

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My son has received a requisition to appear next week for a car he sold almost a year ago. He works away & lives out of a backpack moving rooms sometimes many times a week, so he's really good at actioning paperwork when he gets it before it gets lost.

Knowing this he is adamant he posted off the v5 but hasnt got any proof of posting etc

He wants to plead not guilty.. but the court is nearly a 400m round trip and getting a day off is hard and the travelling costly .... isnt it always... but he's sure he posted it. I've searched the threads and we've drafted a letter to DVLA...........

Can anyone advise please?

 

Dear Ms Wooley or to whom it may concern,

Re: Requisition for Failure to notify change of keeper motor vehicle xxxxxxxx on xxxxxx for xxxxx.

I am writing in response to a Requisition to attend xxx Magistrates Court at xxxx on xxxxxxxx to answer to the charge of failing to notify change of keeper of motor vehicle xxxxx.

I will be pleading Not Guilty to this charge as I consider I have no charge to answer as I have already sent the documents to you. I surrendered the V5 document to the vehicle to the DVLA as required by law when I sold it last year. This was sent to the DVLA by first class post to "DVLA, Swansea, SA99 1BA" as instructed by section 8 of the V5. With regards to this my responsibility ended as soon as I relinquished control of delivery to the UK Postal Service as stated in Section 07 of the Interpretations Act 1978.

 

******* would adding this bit help or just not bother.....

I cannot recall the exact date I returned it as this is almost A YEAR AGO, but I do remember posting it a few days after selling it when I returned from a visit home. As I work and live in a ****, I have learned to deal with paperwork straight away as I have no fixed staff quarters and move frequently. Ironically, it seems that this paperwork has still been lost, but not while it was in my hands!

Even though the court is nearly a 400m round trip and will be of considerable time and expense for me to attend I intend to enter a not guilty plea and claim costs as I am adamant that this was posted by me within a few days of sale.

********

 

 

Yours etc

Help would really be appreciated thank you! Court date is next week and with everything else thats happening we could really do with some advice

Thanks, Molly


 

 

 

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I'd not bother with the second bit.

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thanks for the reply, I agree.

 

 

we decided to pay the "fine" as he couldnt get time of work AND drive the 400m to the court, had it been nearer it would have been different. Thats more pennies in the DVLA coffers then.


 

 

 

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thanks for the reply, I agree.

 

 

we decided to pay the "fine" as he couldnt get time of work AND drive the 400m to the court, had it been nearer it would have been different. Thats more pennies in the DVLA coffers then.

 

Oh Dear, Your son now has a 'criminal record'. Myself and a lot of other people have made several posts on this forum regarding this particular issue.

I have quoted to my son in the past "NEVER plead guilty to an offense you haven't committed REGARDLESS of the outcome.

You could have had the court date changed to a more convenient time an battled it out.

 

More often than not, the DVLA will back down!

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Oh Dear, Your son now has a 'criminal record'. Myself and a lot of other people have made several posts on this forum regarding this particular issue.

I have quoted to my son in the past "NEVER plead guilty to an offense you haven't committed REGARDLESS of the outcome.

You could have had the court date changed to a more convenient time an battled it out.

 

More often than not, the DVLA will back down!

 

He settled out of court... Hence the "fine" imposed by the dvla rather than fine received by pleading guilty.


 

 

 

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