court summons

[ab1ab]

I have a court summons "No ASN required" on the 28th August 2015 for the DVLA.

 

states in on the 25/02/2015 i was the registerd keeper of a insured vehicle. under section 22 of the road safety act.

A fixed penalty notice was sent and was not received by the specified date in notice.

 

no notification was received prior to the offence the vehicle had been disposed and to date no notification had been received the vehicle was insured on the date of offence.

 

I had an accident in my viehical october 2014 and my vehiclle was written offf i ha tax for a month.

 

received penalty notice in 22 Febraury 2015 thought the garage had sorted all this out as the vehicle was scrapped..

 

i sent all the details 25th Feb 2015 to dvla including slip explaining the car had been written off

and they sent a letter acknowledging their records had been updated

and i was no longer the owner of the vehicle.

i thought that was it...

 

now this court summons a few months later

 

 

can i get dval to overturn this decision...

 

 

Thanks

[honeybee13]

Hello there.

 

Could you type up their POCs [Particulars of Claim] please? Don't leave any identifying details in it.

 

HB

[ab1ab]

Hi

 

The DVLA stated

 

The records show i was was the registered keeper on 25/02/2015. The vehicle did not meet the the statutory insurance requirements contrary to section 22 of the Road Safety Act 2006.

On 25/02/2015 a Fixed penalty notice was sent to the defendant in accordance with section 144A and 144C of the road traffic act 1988. A valid payment was not received by the date specified in the Notice.

 

No notification was received prior to the date of offence that the vehicle had been disposed of or stolen and to date no notification has been received that the vehicle was insured on the date of offence.

 

well i did inform them when they wrote; to me and they changed ownership of vehicle and they sent letter back confirming this... why are they trying to pursue months afterwards..

 

Thanks.

[Raykay]

It depends when you notified the DVLA that you had disposed of the vehicle, if it was in October 2014, and you have their acknowledgement, then you would be not guilty.

If it was after that (when they first wrote to you?) you would still have been the registered keeper until then and the reason for the summons.

[ab1ab]

I had notified them when they informed me in February they said it would be dealt with. Can i negotiate with dvla before it goes to court and pay less....

 

Thanks.

[CrappoMan]

Was the vehicle accident dealt with via your insurance company ?

 

If it was, do you have anything in writing from the insurance company stating the car was written off and disposed of ?

 

If it wasn't, do you have anything in writing from the garage that scrapped the vehicle ?

 

If you have neither, can you get it now ?

[ab1ab]

Hi

 

Yes it was delat with the insurance company...

 

No i don't have official writing that the car was writeen off or disposed of..... or that it was scrapped from the recovery garage....

 

The lack of comms from insurance comapny was not impressive to say the least....

 

Yes i propably could ask for it; if they do give does this alter my position in relaion to the offence in any way...

 

 

Thanks.

[Raykay]

Hi

Yes it was delat with the insurance company... if they do give does this alter my position in relaion to the offence in any way..

 

It may, but the DVLA case is that you were the registered keeper until you notified them of transfer of the vehicle, and the vehicle did not meet the insurance requirement when you were the registered keeper.

[CrappoMan]

If the insurance company handled the disposal, should they have notified DVLA about the disposal on your behalf ? Ask them and get some evidence from them about it.

[Tony P]

Also

If the insurers 'wrote off' the vehicle would they not have demanded the V5C (probably along with MOT) as part of their salvage?

[Raykay]

If the insurance company handled the disposal, should they have notified DVLA about the disposal on your behalf ?

 

Unfortunately not, it is the registered keeper's responsibility to notify the DVLA of the transfer, not the insurance company.

[Raykay]

Also

If the insurers 'wrote off' the vehicle would they not have demanded the V5C (probably along with MOT) as part of their salvage?

 

They would, but it should have been treated as a 'Transfer to the trade' and the relevant parts of the yellow (V5C/3?) part of the V5C completed by the registered keeper and insurance company and sent to the DVLA by the registered keeper.

If the insurance company ask for the entire V5C, the registered keeper should notify the DVLA by letter.

[ab1ab]

Hi

 

Im pretty sure the car was insured until November need to check... so that leaves about 2.5 months without notification of insurance... I can see their trying to uphold the law to the nth degree... even though the vehicles was propably scrapped or are they upset i didn't pay a fine..

[Conniff]

They aren't upset. I'm sure there is a competition between government departments to see who can make the most profit and so far the DVLA must be winning hands down.