DVLA court hearing for faluire to insure for vehicle no longer owned

[Dave 1955]

Hello

 

I sold a car and posted the logbook with the new owner’s details to the DVLA by first class post. (next time I will record delivery – lesson learnt).

I received a failure to insure

 

wrote back to them with the details of the new owner and explained that I had written to him to ask him to provide the details of his insurance

 

. I had already informed DVLA that the insurance company he said he was insured with (but not the policy numberI have no proof other than his word that it was insured).

 

The next thing I had through was a court judgement for failure to insure.

I contacted the court to advise that I had never received a summons.

 

I completed the appeals procedure and now have a court hearing for a weeks’ time,

it says it is a hearing to enter a plea of guilty or not guilty.

 

I did phone the court to ask if this is the time that I need to bring my evidence but the helpline advised they was not sure!

 

the new owner contacted DVLA to advise that he was indeed the new owner and confirm the date of purchase (3 months before the offence)

 

The DVLA have written to me to confirm that he has contacted them to advise he was the owner at the time of the offence but they have written to advise me that as DVLA have me listed as the registered owner at the time of the offence they are still pursuing me.

 

I have read on a few forums and people with similar problems and it seems to be; Informing DVLA by post is the only requirement for me to have complied with the notification.

X I have a witness to the posting of the logbook.

 

Has anyone been through a similar process?

 

I am currently looking at a couple of court hearings that the DVLA have been judged against which I think might have useful judgements to refer to.

 

if no acknowledgement contact

DVLA has no authority at law

in fact the case of Duncan Peek at Horsham County Court in April 2010

it was stated that DVLA had NO STATUTORY POWER for anyone to ring them.

 

Likewise in the case James COLLINS in October 2009 ( Liquid Knights long post) at Clerkenham District Court one had not to prove to DVLA that letter re SORN sent. Up to DVLA to prove otherwise.

 

Any comments or pointers gratefully received, especially for the court hearing.

 

Many thanks for taking the time to read this post.

[unclebulgaria67]

I would have thought that if you supplied all info to the court in advance, that they would contact DVLA to save court time being wasted. But perhaps it does not work that way.

[Dave 1955]

I would have thought that if you supplied all info to the court in advance, that they would contact DVLA to save court time being wasted. But perhaps it does not work that way.

 

Thanks for replying

 

I did read in the court documents that if you do not attend the hearing that judgement may be made against you in abscence, so I think unfortunately I will need to attend. DVLA has said they still intend to pursue it even though the new owner has admitted liability.

 

Just reading about the previous court cases and may be looking to refer to previous judges comments regarding the fact that I fulfilled my legal duties by posting the document.

[ericsbrother]

you will need to look up the bit about serving of documents that have deemed to have arrived UNLESS it can be proven otherwise and quote it. The DVLA are an utter shower when it comes to things like this, they have 99 different departments and lose stuff internally every day due to the bulk of mail they handle but blame the motorist.

Yiou will need at least a signed statement from the new owner andyes, send it to court beforehand but attend on the day as well with 2 copies of everything you have and that will include all correspondence between you and any other party, phone records etc

[Dave 1955]

ok I have a witness statement that the employer of the new owner is prepared to sign for court. He was there when the new owner signed and took possession of the car and also witnessed me (along with another person) post the completed change of owner logbook back in the post. Luckily the post-box is outside the sandwich shop and I have 2 witnesses.

 

 

I am looking online and it seems that the statement must be marked "witness statement" otherwise it is not admissible in court.

 

 

 

 

is anyone aware of an other "rules" that I might need to be aware of in submitting this to court as a witness statement ?

 

 

the other witness will be attending with me in person.

 

 

Thanks ericsbrother, I have spoken to the court and I have a number to fax it through to although they have said it may take 10 days to process but I will take 2 copies with me on the day as well.

 

 

I have the 2 court cases to refer to, and the case where the DVLA lost their case as the magistrate deemed that there is no responsibility on the seller to contact and confirm that the documents have been received.

 

 

I see that someone else had made a freedom of information request and the amount of registered post that was lost after it was signed for was amazing and the DVLA still tried to take action against those people who had proof of posting ! I will request the info for updated freedom of information and post of here in case anyone needs it in the future.

 

 

thanks again for your help and suggestions.

[Raykay]

. He was there when the new owner signed and took possession of the car and also witnessed me (along with another person) post the completed change of owner logbook back in the post. Luckily the post-box is outside the sandwich shop and I have 2 witnesses.

.

 

The offence the DVLA are claiming is committed by the registered keeper, who may or may not be the owner, so they will not be interested in the change of owner, only that you were the registered keeper at the time. That is what you need to defend.