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


Shogun83
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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.

 

Surprised this has not been challenged in a higher court. It cannot have been in the mind of legislators to ask for something that is not possible. I.e you cannot arrange Insurance on a vehicle that is not owned or used.

 

This means that all vehicle sellers, where the new owner does not register with DVLA or take out Insurance in good time, is liable for prosecution. So in the case of part exchange vehicles which are sometimes kept for a few weeks, before being sent to auction, this situation can occur. The garage taking in the vehicle for part exchange is not going to register the car with DVLA or have Insurance. It probably would not be registered again with DVLA until it has a new user after auction.

 

Makes sending in the V5 slip by non recorded delivery risky. If people can register sale of vehicle online on the DVLA site, this must be the best way.

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The registered keeper is not required to arrange the insurance, but they are liable if no-one else does.

 

When the DVLA receive notification that the vehicle has been transferred, they send an acknowledgement letter and that person is no longer liable as the registered keeper.

 

In the OP's case, the DVLA are claiming that they did not receive that notification until after they contacted him, which was after the date of the alleged offence.

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