due in court for a van sold months prior please help

[whipsey]

i received a letter yesterday with a court date for me to attend regearding a van i sold to my cousin,

 

 

the logbook was sent off to the dvlas address but i cant find the proof of postage.

 

 

To cut a long story short a couple of months after i sorned the van, my cousin purchased it from me

and like a fool left if parked on the road while he was sorting it out for the mot.

 

 

It was clamped and removed and he signed paperwork to release the van to the impound yard,

as he couldnt afford the release fees stating that he was the present owner

and waiting for the log book to arrive.

He has also contacted the dvla to the same effect.

 

Where do i go from here

 

 

my cousin has already agreed to come to court with me and is trying to dig out the paperwork that states he owned it at the time.

 

 

Not really sure what to do as

 

 

ive never had a problem with the dvla before

 

 

any help will be appreciated thanks

[BankFodder]

I would have thought that you plead NG. You explain what happened. Your cousin puts his hands up and they will have to find you NG.

Meanwhile, your cousin will be lead away screaming ....

[whipsey]

im just glad that hes prepared to own up to it

[BankFodder]

Yes - it could get very complicated if he wasn't

[fkofilee]

BF.... Can he really get sent down for this?

[BankFodder]

Well put it this way, he would be well advised to take a toothbrush, jimjams and arrange for a neighbour to water the plants.

[whipsey]

really hoping your not being serious

[renegadeimp]

Depends what he was accused of.

[whipsey]

having an untaxed vehicle on the road

[renegadeimp]

Then its possible, but usually it incurs penalty points or a non endorsable hefty fine of £1000

[f16]

Yeah. ..... But it was SORN and parked on the road, ..... With no MOT and I suspect no valid insurance.

[renegadeimp]

Except from the info we have been given. The offense solely relates to tax. Can the OP give us the exact reason for the court appearance?

[f16]

Except from the info we have been given. The offense solely relates to tax. Can the OP give us the exact reason for the court appearance?

 

Agreed. .........

But the DVLA will have all the information suggested in post # 11.

 

IF that forms part of their case then I agree with BankFodder. .... He "might" need an overnight bag.

[renegadeimp]

They may have the info, but he will only face the charge that was brought against him.

 

However, as you said in post 11 you would be correct. However we need the OP to confirm the exact charge as THAT is what the court will be challenging.

[f16]

As it was "clamped and removed" I don't think it will be just the TAX element.

 

The OP needs to confirm the exact charge on the Court papers.

[BankFodder]

really hoping your not being serious

 

No I'm not. Sorry.

 

Please be assured that there is no chance of any kind of custodial sentence. I really didn't expect to be taken seriously.

 

There is even a chance that your cousin will not be summonsed at all - and certainly if he gives evidence for you - nothing will happen on that day. A further decision would have to be made as to whether to prosecute him. He would then receive a summons and eventually a fine.

 

Sorry if I've caused any sleepless nights.

[whipsey]

van had valid insurance

[renegadeimp]

Then it will just be points and/or a fine at the discretion of the magistrate. Just be aware that the law has changed and they can impose a non endorsable fine of £1000 if they wish

[Raykay]

If the summons is for using or keeping an un-licensed vehicle - s, 29 Vehicles & Excise Registration Act 1984, the offence is commited by the the person using or keeping the vehicle, if the court accept that you were not that person, you will be not guilty.

[Conniff]

Or 5 years in gitmo as suggested earlier