hey im looking for some advice or help on my matter. I live in scotland so im guesing scotslaw would apply here.

In April 2015 i part exchanged my car into a nissan dealership. that very day i signed all the relevant paperwork and took my new car home. When i got home i photocopied the V5 slip i was given to send off to DVLA to notify them of the sale of the car. i also photocopied the 1st class stamped envelope i was using. That very same day i posted the envelop at the post box near my house. i didnt go to an actual post office so i dont have proof of actually posting it and to be honest i never really needed it before

I then got a letter from DVLA in August notifying me that i am being fined for failing to insure the sold car on the last day of July. I immediately sent a letter to dvla with the photocopy of the envelope i used and v5 slip along with the purchase invoice of my old car that was given to me by the nissan dealership. All the evidence i provided had the date of the sale which was in april. Now i know i posted the V5 slip off and the envelope was clearly labed with the address on the back of the slip and it was stamped so it either got lost in the post or the DVLA lost it in house.

Based on the evidence i sent them, they updated thier records to show that i am no longer the owner of the vehicle. But they are still trying to fine me for not insuring my car on the last day of July. I dont see how they can fine me for not insuring a car three months after the fact i sold it and they clearly accept im no longer the owner based on the evidence i provided.

i then told the nissan dealership about this and they have also gotten in touch with DVLA on numerous occasions over the phone and by post to tell them that i had indeed sold my vehicle to them in april so there was no way i could insure the car in July as i was no longer in ownership of the vehicle.

the dvla still insit i need to pay and since i feel i have done nothing wrong as i did everything that was legally required of me by posting the relevant V5 slip off i decided not to pay. the DVLA have now sent me a letter saying they are taking the matter to court to be settled so i will be recieveing a court summons soon.

i went and spoke to citizens advice and the lady i spoke to said becuase i didnt phone dvla 4 weeks after i had sent the V5 slip off, to ask them where my aknowledgement slip was, for that reason i am guilty.

I looked on the legistlation . gov website and looked at the legistlation concerning the sale of a car to a motor trader and i did everything according to the legistlation and nowhere on the legislation does it mention call dvla after 4 weeks if you dont recieve your acknowledgment letter.

im a student so im busy trying to get through my course and ever since they closed my local DVLA branch a couple of years ago they have consitantly been slow in everything. wether its dealing with retention documents or changes to the v5 etc. and to be honest i didnt even think about the aknowledgement slip as the car i had part exchanged had alredy been sold on and VMC have been sending me letters asking me to tell them my milage when i sold the car so they could stamp out clocking. so i just assumed the change had happened and dvla probably forgot to notify me.

anyways im now due a court summons and im worried as i was told its cirminal prosecution.

if you have been in a similar situation any advice would be greatly appreciated

thank you