I did not know you have to chase the DVLA for acknowledgements.

You don't. Within 2 weeks of sending off the V5C to the DVLA with the new owner details on it you will receive an acknowledegment informing you that its been sorted and you are no longer the registered keeper.

>>>>Only to find out they still want to me to either pay the fine. Or go to court<<<<

Bit confusing. Your say you went to Court. They cannot fine you without a hearing and a Guilty finding, or was the case a plea hearing and adjourned to a later date for full hearing.

You are alleged to have committed the offence on 10.6.14

Evidence in Log book of which you have copy says vehicle changed hands 1.6.14 so you were not the owner on 10.6.14. Can you persuage the owner to give evidence at Court as to that or at the very least a letter which the Court may or may not accept.

So on and prior to 1.6.14 you say you complied with Registration and Licensing Regs by sending off the V5 by post and you can give evidence on oath to this effect

The under the following:

Section 7 Interpretation Act 1978
References to service by post.

Where an Act authorises or requires any document to be served by post (whether the expression “serve” or the expression “give” or “send” or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.

it is down to DVLA to disprove that you didn't send it off.

You now consider your options. Fight with a Not Guilty or accept a fine.

Continuing the fight and you get another Court date arrive early and seek out the Duty Solicitor and see if he isprepared to help you

dvd

In England and Wales, there are two duty solicitor schemes, which operate in parallel. The police station duty solicitor scheme enables a person who is arrested on suspicion of a criminal offence to consult with a solicitor, either in person or on the telephone (and frequently both) whilst in police custody. This right is most often taken up when the suspect is to be interviewed concerning their suspected involvement in the commission of a crime.

The court duty solicitor scheme allows a person that has already been charged with an offence to consult with and be represented by a solicitor at the Magistrates' Court on their first appearance if they do not have, or simply have not contacted, their own solicitor. The right to see the duty solicitor applies equally to those defendants who are in custody or on bail, but the right is not unlimited – if the defendant is on bail and is charged with an offence that does not carry a sentence of imprisonment the duty solicitor is not permitted to act. A client is only permitted to take advantage of duty solicitor assistance on one occasion in respect to each matter charged. This contrasts with the right to advice from the duty solicitor whilst at the police station, which applies irrespective of what the alleged offence may be, and will last for the duration of any investigation. Some matters have been largely taken outside of the duty solicitor scheme at the police station due to the advent of Criminal Defence Service Direct, a telephone advice service that deals with many minor offences where an interview will not take place.

The duty solicitor schemes in England and Wales are managed by the Legal Services Commission. Each magistrates' court that operates such a scheme will have one or more solicitors allocated to any given court session. The police station schemes have one or more solicitors on duty for each police station, or police area (occasionally covering a number of police stations), depending on how busy the scheme. The busiest schemes in the country, can have a number of solicitors on duty at any one time. The Central Manchester scheme for example has 4 solicitors on duty at any one time.

To act as a duty solicitor a solicitor must be a member of the Law Society's Criminal Litigation Accreditation Scheme [1]. To become a member of the scheme a solicitor must demonstrate a particular level of competence set by the Law Society. To demonstrate competence, a solicitor must pass a number of assessments.

As previously stated it will help your case if you have a witness/s that can show that you were not the owner on the date the offence was alleged to have been committed either verbally or in documentation.

Dont be put off by a Court appearance. If you plead not Guilty the Court Clerk will guide you through the system and give you a chance to present all your evidence.

dvd

thank you dvd.

So on the morning i go to court. i should ask for a duty solicitor. sorry to ask but i am not sure on what to do. Never had to do anything like this b4.

So before i go into court or when i am in court. If before lets say my case is being heard at 9.30am should i ask for one then or when i arrive which is at 9am?

many thanks cant wait for your reply *;0)

The V5 related to the keeper of the car not the owner. The sale of a car could be provided by the production of receipt or maybe a bank statement etc.

The question of the effective date of letter is slightly confusing as I suspect is was the date the latter was sent, but recent rules may have changed this to the date reasonably the letter could be read. So maybe the 2-3 working days.

Therefore if the DVLA have the letter and you posted it before the 7th then there is no case to answer.

It's important to understand the legal principals. I suspect you need to prove ownership not keeper.

Going to court in the morning. Got a letter from the owner saying they had the car on the 1st of june. so i can hand this in at court. The lady said i could phone from court if the judge wants to speak to her.

I will let you know the out come.

Sorry i have not posted back earlier had a unplanned time in hospital over xmas.

Must admit i am very nervous not sure why. I suppose i have never been to court before. But not worried because i have done nothing wrong. A friend from work is coming with me. will they be allowed in the court room?

Well DVD

If you are attending a DVLA court hearing. You dont get a duty solicitor. I did ask. Only if you have a chance of going to jail...

Very nervous. I spoken to the dvla court Prosecutor they wanted me to plead guilty with a reduced fine of £50. I dont think this was fair. I plead not guilty. I did nothing wrong. The lady prosecutor called me back in after about an hour asking when i post the V5 it was on the 4th. I signed a witness statement and they then quash or is it overturn withdrew the charge.

They were not even interested in the letter from the new owner. The trouble the new owner went to. I feel what a waste of the courts time and mine.

Anyway i won. Justice wins the day......

I would like to thank everyone for helping me...

I took a work mate with me for moral support, boy them places well courts make you feel guilty even when you have done nothing wrong...

Its all over a good start to 2015

Ta Honestchops *;0)