DVLA Court Summons - Uninsured Vehicle

SophieKG

Hi everyone,

Really hoping someone out there can give me a bit of advice on this one - first time anything like this has ever happened to me so bear with me!

In March of this year I traded in my car for a new Mini via the local Mini dealership. All the paper work was completed (invoice, proof of sale / purchase etc) - they held onto one half of the V5, presumably for when they sold it on, and gave me back the other part to complete and send on which I did that same week.

Fast forward to last week (beginning of November), and I receive a Further Steps notice from Bedfordshire Council with regards to a £500 fine and a missed court appearance - no further details of what this is regarding. After an hour or so on the phone, I understand that this is in regard to me being fined for keeping an uninsured vehicle as the registered owner. The date of the so-called offence was for the 12th June 2015 - several months after I had sold the car and sent the paperwork to the DVLA. They had been trying to contact me via an old address which is why the first I knew about it was this letter last week.

I spoke with my local magistrates court and they advised I apply for a Statutory Declaration to have a further court date arranged seeing as I received none of the previous communications and had no knowledge of the first court summons. I have now done this and am due to appear in court in 2 weeks time.

What I would love to know is if anyone else has had any experience of this? As mentioned previously, I have proof of the sale of the vehicle, along with the date and updated insurance details etc. The one thing I don't have is proof of postage for the V5 as i - perhaps rather stupidly - posted it with a standard 1st class stamp rather than recorded delivery.

I've never been on the wrong side of the law so all this is rather daunting! I feel like I haven't done anything wrong however would appreciate any advice or feedback from anyone who's found themselves in a similar situation and how best they dealt with it.

Many thanks in advance,

lemontart

not quite the same but got a threatening letter re a car I traded in being dumped from the council where it had been abandoned, I produced copy of the paper work showing I had traded it in to prove what I had done and that was the end of it for me.

enfield_freddy

have you checked if the car is taxed or insured? , ideally if the new vehicle owner did not get the v5 , he would apply to the DVLA , who would write to you , at your old address?

SophieKG

Thanks for the replies - I haven't checked if the car is taxed and / or insured...I was going to call the Mini garage in the morning and just see if they will confirm what happened with the vehicle after I sold it to them - assuming it will have been sold on as it was only 4/5 years old. Presumably to check these details I would need to get in contact with the DVLA?

EssexExile

Have you done the Statutory Declaration yet?

SophieKG

Hi EssexExile - yes, my local Mags Court contacted me today about a new hearing date in 2 weeks time...

EssexExile

OK, if you are lucky then you will turn up with all your paperwork proving that the car was not your responsibility at the time, the prosecutor will look at it, see you are right & drop the case. Take everything that could possibly be relevant with you.

It's been a long time since I was involved in this sort of thing but if I recall correctly, if the prosecutor decides to go ahead with the case again you will presumably plead not guilty & a trial date will be set. The legal advisor (the one who does all the talking in court) is your friend, ask them about anything you don't understand. They will explain the procedure.

s_b

did the mini dealer sign the right hand side of the upper part of the log book as going into trade and gave you this back?
did you get a tax refund?
i think what has happened here is this car never got shown as in trade /you didnt get a refund/ and someone has/is driving it around uninsured because they bought it at the block and it was showing as taxed meaning its still in your name
the dealer will be the first part of the paper chase

SophieKG

EssexExile - thanks so much for the advice, fingers crossed...I have dug out every bit of paperwork so hopefully that will be enough. Good to know re. the legal advisor - never been near a court so won't have a clue!

s b - the dealership filled out and gave me back the remaining part of the log book which they advised me I was responsible for posting (which I then did). I actually can't recall whether I got a tax refund or not, although thinking probably not as I'm sure I would remember / have kept the letter for records. I will try and get to the bottom of what became of the car / if it is not taxed / insured etc tomorrow :-)

Marktheshark

Get the garage directors name and if Mags say they will proceed, mention you require a witness to be summonsed to court for the defence and give the details of the garage owner.

ThePubLandlord

I don't suppose you got a letter off the DVLA stating you no longer had an interest in the vehicle? I'm sure they have a disclaimer saying you should chase them up is you don't hear from them.