Hi all
Long time reader first time poster here - I'm in need of some helpful advice!
In March 2011 I borrowed a car from a friend for a year, and had it reregistered to my name etc. All good until January of this year, when I decided to accept a contract working abroad on a cruise ship - so quit my job, moved out of my rented flat and returned the car to my mate. Unfortunately I lost the V5 in the move, so he applied for a new one amid threats to charge me the £30 fee.
I then got an e-mail from my dad while at sea, saying a letter had arrived requesting a fine for "Failing to notify change of ownership". I called the DVLA some time in April, and spoke to a girl who said there may be mitigating circumstances given I was out of the country, and put it on hold so I could write in.
Unfortunately, I then forgot all about it and have now received a court summons :-(
I realise that I've been a prat and am responsible - I'm now trying to work out the best way to deal with it, as I have been out of work since the end of May and have no money to pay a £1000 fine. Would it be best to plead guilty by post, including a statement of mitigating circumstances, or should I attend the hearing in person to make my case? I really need to keep this fine as low as possible. My friend still has the car in his name, and records will show it passing from him to me and then back again, so hopefully this will show the court it's an honest mistake and I'm not on the fiddle!
If this wasn't enough...
...in March I also received a tax reminder for my previous car - which was scrapped in June 2011. While on the phone re. the above, I checked this with the girl and she couldn't see the car in my name on her system so suggested it was a mistake. However, I've now received a 'Failure to pay tax' fine for that car too.
That car was picked up by a massive claw and dumped onto a low loader right in front of me (should have got photos) - the bloke from the scrappy took the entire V5 saying I didn't need to do anything else as he could send it on. While it's possible they forgot to do this, the car's tax expired shortly after and I didn't receive any reminders until 8-9 months later! I have the name and address of the scrap dealer I sold it to, but unfortunately any letter of confirmation is probably long gone/binned by now.
Suffice to say, I need none of this right now :-(. Any advice would be welcomed with gratitude
Cheers
82Heaven
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P.S. I should add that I have already tried to contact the DVLA by phone, but they won't speak to me about either case :-(
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What complicated webs we weave ourselves...........
Firstly the obilgation is to notify DVLA not only the acquisition of the vehicle but also the sale (change back to the previous owner). Seems the later you did not do despite every step being explained on the V5. Failure to do so an offence.
In the past I know DVLA tried to levy a fine for this without authority of a Court or statute and I have pointed this out to them. Now seems in the issue of a summons they are taking matters the legal way.
Not a hanging matter (or points) and summons will give information on how to pleaed Guilty by letter. Consider doing so and explain mitigation as in the post.
The 80 fine they now mention on the second incident has statutory authority in that the vehicle still registered in your name because you did not follow V5 procedure when you scrapped it and tax expired and not re taxed or sorn or notification by you of disposal, If DVLA wont speak then consider letter explainin circs to see if they will show mercy. It does look as if your stuffed.
Lesson to all........read the bladdt V5 and comply.....
dvd
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Hi all
Just to tie this up - I ended up calling the DVLA again, and this time the operator gave me the number of the prosecutor's office in Bournemouth. I called them and they agreed to drop the case in exchange for payment of the original £55 fine, which they took over the phone.
All's well that ends well, but it would have been a lot less stressful if I'd known that straight away!
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