Collectica notice of enforcement (no insurance)

sarmia

I sold my old car back to a vw garage back in march 2013 which they sold on the forecourt. Previous car was at an older address and was traded in at vw. This is my only vehicle. Use it everyday and have done since purchasing.

sarmia

I will have to wait to hear back from dvla but I have letter and certificate from previous insurers confirming insured for the full year no problems seen from there end with tax disks since ownership dated with no periods of time not taxed.

Rover_Driver

It could relate to the car you sold, did you notify the DVLA at the time by sending them the yellow V5C/3 part of the V5, and did you receive their confirmation letter?

sarmia

Vw did all the paperwork, Im pretty sure i recieved the letter in the post asking yo confirm no longer the owner. When speaking to the dvla yesterday it was my current registration the prosecution was under. Im hoping it is just a big horrible mistake on their part. I cant see how im in the wrong when ive dne everything I always have. .

sarmia

I will call again tomorrow and check the old reg. Thank you.

Rover_Driver

sarmia wrote: »

Vw did all the paperwork,

If it was that car, that could be the problem - relying on the dealer!!


If you didn't send the completed V5C/3, you could have been the registered keeper until it was sold and registered to a new owner, during which time it may have been uninsured.


A letter from the DVLA asking if you are still the owner of a vehicle is normally sent when someone else applies for a V5, in case it is a fraudulent application.


The confirmation letter is just a note confirming that you are no longer the registered keeper.


If it is your current car, it could be a mix up with the paperwork.

matttye

Once you've signed the stat dec you should be able to ask the court to list a hearing to reopen the case.

In the meantime see if you can get a copy of the papers from the DVLA and see when you allegedly had no insurance. There's no point in reopening the case if you did have no insurance at any point, as you'll just be convicted again anyway.

Crabman

agrinnall wrote: »

Why have you started a second thread on exactly the same subject?

https://forums.moneysavingexpert.com/discussion/5040750

I've merged the two threads together so all the info is in one place.

Rover_Driver

matttye wrote: »

Once you've signed the stat dec you should be able to ask the court to list a hearing to reopen the case.

Shouldn't it be the DVLA who decide to re-open the case or not, rather than the OP.

matttye

Rover_Driver wrote: »

Shouldn't it be the DVLA who decide to re-open the case or not, rather than the OP.

Nope. The op says they didn't receive a summons and therefore didn't have a chance to contest their case. It's the court's decision whether to allow the case to be reopened but the OP (or his legal representatives) can certainly apply.

I work in a criminal solicitors office and the vast majority of times the local magistrates court will reopen a case without issue. We usually just send a short email to the court listings office explaining the circumstances. They will list a hearing before the bench which we don't even have to attend unless we have further representations to make. The magistrates will then decide whether or not to allow the re opening and give their reasons. If the case is reopened, a hearing date will then be set where all parties have to attend.

I'm not sure if there's any way of appealing a negative decision as it has never been refused as far as I can remember! I'm sure there will be a way of appealing though.