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Shogun83

Sold car last year and sent logbook slip off... Now being pursued for not having insurance.

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So I part exchanged my car in the middle of last year; sent off the slip to the DVLA and thought nothing more of it.

Then December last year I started getting letters from the DVLA etc saying my car wasn't insured. I sent off the proof of sale and they sent me a document telling me I was no longer the registered keeper.

 

So it seems like they never received the original paperwork and I'm now still being pursued for not having insurance for a car I have proof of sale of!

 

This seems ridiculous to me - do I really have to defend myself against this?!!

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Which "slip" did you send off?

 

When selling/part exchanging a car, you have the new owner fill in their details on the v5 and hand the new owner the "slip" that remains and you send the v5 to the DVLA, who in turn, update ownership and send the new owner the new v5


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Which "slip" did you send off?

 

When selling/part exchanging a car, you have the new owner fill in their details on the v5 and hand the new owner the "slip" that remains and you send the v5 to the DVLA, who in turn, update ownership and send the new owner the new v5

 

 

That is the process for a private sale.

If it was part exchanged with the trade, it is different. The seller sends the completed 'Transferred to the Trade' slip from the V5C to the DVLA and gives the rest of the V5C to the trader.

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I'll have to check my current log book to see if I can remember exactly which. It was a part of the logbook that I completed; not anything else.

 

Thanks for your replies guys

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So it seems like they never received the original paperwork and I'm now still being pursued for not having insurance for a car I have proof of sale of!

 

This seems ridiculous to me - do I really have to defend myself against this?!!

 

If the slip has gone missing, and you were still shown as the Registered Keeper, that will be why the DVLA are writing to you.

It is the Registered Keeper that commits the offence - s.144A, Road Traffic Act 1988.

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If I've proven I wasn't the owner at the time why are they still trying to enforce against me?

 

As I see it I have two options -

 

A) not guilty as I wasn't the owner of the vehicle

 

B) guilty by negligence - as I could have checked that the DVLA had updated their database

 

What do you think?

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It is not the owner that commits the offence, it is the Registered Keeper. Which is why they are writing to you, being the Registered Keeper at the time.

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It is not the owner that commits the offence, it is the Registered Keeper. Which is why they are writing to you, being the Registered Keeper at the time.

 

thanks Radway - this is still hard to swallow!

 

I've already told them I'd made all reasonable efforts to register my car properly.

 

Seems like you're saying I should plead guilty as ridiculous as it feels to me

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*Raykay (autocorrect sorry)

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I sent off the proof of sale and they sent me a document telling me I was no longer the registered keeper.

 

 

Did the DVLA send you this document? if so, then the slip must have arrived


PLEASE HELP US TO KEEP THIS SITE RUNNING

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I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

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Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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Did the DVLA send you this document? if so, then the slip must have arrived

 

That's the problem - I thought I'd had the acknowledgement letter but can't find it - so maybe the slip didn't get to the DVLA.

 

I got a letter from the DVLA in December so sent them my proof of sale document and got an acknowledgement letter then. I'd thought that was the end of it!

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If you cant find it now, have you tried asking DVLA to re send the letter acknowledging you are no longer the RK?


PLEASE HELP US TO KEEP THIS SITE RUNNING

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I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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If you cant find it now, have you tried asking DVLA to re send the letter acknowledging you are no longer the RK?

 

They sent me a new one in January (recently dated) after I sent them the proof of sale,

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And does this state that you are no longer the registered keeper or does it say you are no longer the owner?


PLEASE HELP US TO KEEP THIS SITE RUNNING

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I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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And does this state that you are no longer the registered keeper or does it say you are no longer the owner?

 

No longer the registered keeper (sorry for the delay)

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So, am i right in now thinking that the DVLA acknowledged in writing that you were not the RK when the alleged non insurance incident occurred?


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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No they have backdated the "offence" to December :-(

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No they have backdated the "offence" to December :-(

 

Even if you have no record of DVLA confirming the RK change, whoever you part exchanged the car with will be able to confirm in writing that they took the car on x date. They might even have record of what happened to the car.

 

Get this information to whoever is threatening prosecution and it should be stopped. You cannot Insure a car that is no longer yours or in your possession.


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Even if you have no record of DVLA confirming the RK change, whoever you part exchanged the car with will be able to confirm in writing that they took the car on x date. They might even have record of what happened to the car.

 

Get this information to whoever is threatening prosecution and it should be stopped. You cannot Insure a car that is no longer yours or in your possession.

 

The date that the vehicle was exchanged would not be relevant. The offence is contrary to s.144A, Road Traffic Act 1988 - that the vehicle does not meet the insurance requirements of the act - for which the Registered Keeper is liable.

Not the offence of not having insurance, s.143 of the same act - for which the user is liable

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Shogun can you confirm if the letters you are getting regarding this are saying if you have contravened any part of the RTA as raykay is pointing out. ?

Whether it is or isnt could well determine how to approach dealing with it


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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The date that the vehicle was exchanged would not be relevant. The offence is contrary to s.144A, Road Traffic Act 1988 - that the vehicle does not meet the insurance requirements of the act - for which the Registered Keeper is liable.

Not the offence of not having insurance, s.143 of the same act - for which the user is liable

 

If they no longer had the car, how could they insure it ?

 

People would cancel any insurance on the date of part exchange and send off the V5 slip to DVLA.


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The date that the vehicle was exchanged would not be relevant. The offence is contrary to s.144A, Road Traffic Act 1988 - that the vehicle does not meet the insurance requirements of the act - for which the Registered Keeper is liable.

Not the offence of not having insurance, s.143 of the same act - for which the user is liable

 

S.144A is when there is a problem that the Insurance arranged is not valid ?

 

S.143 is about using a vehicle without Insurance.

 

Unless i am misreading RTA ?


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S.144A is when there is a problem that the Insurance arranged is not valid ?

 

Unless i am misreading RTA ?

 

There needs to be insurance in force - s.144A, complying with (2) - (5). The registered keeper is liable if there is not.

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There needs to be insurance in force - s.144A, complying with (2) - (5). The registered keeper is liable if there is not.

 

OK, but then it seems that s.144B may well apply ?

 

They neither owned or were using the vehicle. Surely, if they can evidence that, then they should not be prosecuted, because you cannot maintain Insurance on any vehicke after selling it. The RTA act cannot mandate something that is not possible.


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OK, but then it seems that s.144B may well apply ?

 

Unfortunately, none of the exemptions in s.144B apply in the OP's case.

 

The insurance is not required to be taken out by the Registered Keeper to comply with s.144A, but they are liable if there is no insurance that complies with s.144A.

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