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  • #1

    help needed

    hi all this is a bit cheeky but most people on here have learnt to reaserch so im asking for your help reaserch for a court case im in court next week for a dvla offence of being the registered keeper of a car that on a certain day had no insurance im pleading not guilty the case as i understand it will be ajurned for trial within a month so need all the help i can get i have googled the offence and am hopefull of winning [i am innocent honest]
    i sold my car 18 months ago to a motor trader i filled in the relevent bit and mrs sent it back to dvla who are saying they didnt recieve it i was fined a £100 quid which i refused to pay now im in court like i said i googled it and it appears that dvla dont like not guilty pleas as it appears they are takin the joe public for a right ride google it yourselves it makes very interesting reading and an eye opener i have reaserched two court cases but being a long distance continental driver i dont have access to internet most of the time so struggling to get all my defence info
    i have sent a freedom of information request asking if they infact do lose mail after being recieved by them they have said yes of cource they do i have sent another request asking when it became law that if you dont recieve a letter of acnoledgement within four weeks you must phone them a magistrate laughed that point out of court but need proof a 100 minds are better than one now apparently if you sell to a moter trader the laws are differant but i cant find out why or what the moter trader then sold the car thru a local auction i have a feeling it was bought by another trader who at the time of offence had it under a trade insurance anyway you get the picture any help reaserching would be a massive help thanks wishfull
    at the start of this journey i owed
    £52000.00 UNSECURED £5000.00 SECURED
    £0000.00 secured debt as of 17/12/2010 fingers crossed
    on 14/07/2012 i now have £32.000 unsecured and £15.000 unenforceable [thanks to niddy and aad ]
    as of 17/03/13 its now £26K AND £15K UE
    ITS COMING DOWN SLOWLY WHILE STILL ENJOYING MY LIFE
    Tags: advert, car, cars, claim, compensation, con, councils, court, date, defence, driving, dvla, eye, fined, freedom, freedom of information, help, information, insurance, internet, law, letter, licence, loss, lost, mail, money, motor, motoring, pay, people, phone, public, purchase, rate, reading, road tax, tax, trader, update
  • #2
    Re: help needed

    I have heard a lot of cases where the DVLA claim they never received the relevant bit from your V5.

    Its a shame you didnt send it recorded as thats proof it was sent.

    But apprently this happens quite a lot.
    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

    Comment

    • #3
      Re: help needed

      It is not unusual for documents to be lost in the post. Many driving licences sent for points have been mysteriously lost. Recorded delivery does not necessarily prevent the loss as it could happen in the Post Room or during the scanning and archiving processes.

      Are they claiming you had no insurance, or that you had no road tax and no SORN?

      Driving without insurance is a different offence. Having a car on the road without the appropriate road licence is another. You can have a car off-road, but you need to apply for a SORN.

      The aim of the SORN is to ensure that those people with a vehicle are identified as those who are not using the vehicle have not sold it, destroyed it or are using it without the appropriate road licence.

      Do you not have any paperwork from the sale? e.g. A copy of your advert/the receipt for the car/money.
      Can you not ask the motor trader for a copy of the receipt? Always assuming that the motor trader was registered.

      Comment

      • #4
        Re: help needed

        no the offence is on a date i was the registered owner of a vehicle with no insurance registered on it
        at the start of this journey i owed
        £52000.00 UNSECURED £5000.00 SECURED
        £0000.00 secured debt as of 17/12/2010 fingers crossed
        on 14/07/2012 i now have £32.000 unsecured and £15.000 unenforceable [thanks to niddy and aad ]
        as of 17/03/13 its now £26K AND £15K UE
        ITS COMING DOWN SLOWLY WHILE STILL ENJOYING MY LIFE

        Comment

        • #5
          Re: help needed

          I still do not understand. What is the offence with which you are charged? It looks like the car was spotted on the road. You need to prove you were not in the car or the car did not belong to you at the time.


          Road tax/SORN, insurance and MOT info is kept electronically.

          You need the tax disc and the insurance (and valid MOT if necessary) when your car is on the road. Some councils do not allow untaxed or uninsured cars on estates.

          If you have no current/valid road tax licence your insurance is invalid.

          You cannot keep an uninsured car on the road, as there is a danger to 3rd parties, and there is not compensation for them.

          If you have SORN you cannot keep the car on the road. It must be kept on private property. If you don't care about the car exploding or being nicked, and it won't affect anyone else, you do not need insurance.

          I had a car off the road on private property for 2 years with a SORN and no insurance.

          When I took the car for an MOT I had to purchase insurance before I could take the car, but I could not purchase a road tax licence until I had the MOT certificate. So I had SORN and insurance at 10am; MOT, SORN and insurance at 12pm; MOT, road tax disc and insurance at 1pm.


          Years ago, when I had insurance and MOT and drove the car to buy the road tax licence 2 days after expiry, I was fined for having the car on the road without a valid tax disc.

          Comment

          • #6
            Re: help needed

            no i sold the car about 9 months before the date they are doing me for i filled in the v5 in front of the dealer and sent my bit off i have a trial date now for mid may i have been given all the info i need to win from a person on another forum who won there case and also via a foi request to dvla im very confident im gonna win
            at the start of this journey i owed
            £52000.00 UNSECURED £5000.00 SECURED
            £0000.00 secured debt as of 17/12/2010 fingers crossed
            on 14/07/2012 i now have £32.000 unsecured and £15.000 unenforceable [thanks to niddy and aad ]
            as of 17/03/13 its now £26K AND £15K UE
            ITS COMING DOWN SLOWLY WHILE STILL ENJOYING MY LIFE

            Comment

            • #7
              Re: help needed

              It's good that you've got the info you need from someone who was successful.

              Let us know how you get on.
              Let your smile change the world but don't let the world change your smile

              I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

              If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

              Comment

              • #8
                Re: help needed

                Hi wishfulthinking, I've moved your thread to the Bikes and Motoring board
                "If wishes were horses, beggars would ride"

                Comment

                • #9
                  Re: help needed

                  in court with this on the 15th may pleading not guilty so see what comes of it seems theres a few others on here had the same happen to them
                  at the start of this journey i owed
                  £52000.00 UNSECURED £5000.00 SECURED
                  £0000.00 secured debt as of 17/12/2010 fingers crossed
                  on 14/07/2012 i now have £32.000 unsecured and £15.000 unenforceable [thanks to niddy and aad ]
                  as of 17/03/13 its now £26K AND £15K UE
                  ITS COMING DOWN SLOWLY WHILE STILL ENJOYING MY LIFE

                  Comment

                  • #10
                    Re: help needed

                    what happened then?
                    I also have had this a few times.
                    A polite letter asking them to update their records has always worked.

                    kuma
                    Do you think I look like Hitler?

                    Comment

                    • #11
                      Re: help needed

                      not guillty
                      at the start of this journey i owed
                      £52000.00 UNSECURED £5000.00 SECURED
                      £0000.00 secured debt as of 17/12/2010 fingers crossed
                      on 14/07/2012 i now have £32.000 unsecured and £15.000 unenforceable [thanks to niddy and aad ]
                      as of 17/03/13 its now £26K AND £15K UE
                      ITS COMING DOWN SLOWLY WHILE STILL ENJOYING MY LIFE

                      Comment

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