DVLA taking me to court for no insurance
Discussion
Hi I need some help and advice please, basically I scrapped an mg zr back in october last year. There was nothing wrong with the car apart from a cracked window screen that I didn't want to repair as I hate the car. It was still insured mot'ed all that at the time. I sent the slip of to the dvla and thought all was ok until march this year I recieved a fpn which i refused to pay I rang the dvla and told them the car was scrapped. Anyway about a month ago a slip came through the door saying that the car was no longer registered to me? Did the scrap yard sell my car? Or did the dvla have something to do with that coming through? Anyway a couple of days ago I had a letter come through saying I have to go to my local magistrates on 8th of august, the letter has a plead guilty or not guilty. So I rang the court they told me its upto the dvla to withdraw my case and then when I ring the dvla they tell me to ring the court and that its up to them?! Another thing was I needed to get proof that the car had been scrapped so I rang sims metal and they have no log of me scrapping the car back in october so I'm like oh crap no leg to stand on if it goes to court. I went through my bank account though and its there £95 paid in by sims metal. Now I have a couple of questions If i plead guilty what will be the out come and if not guilty whats the likelihood of things being in my favor? Will I get points? Im a class 1 driver with 3 points already on my license so won't be able to work if i get 6 added on. Any replies will be greatly appreciated as Im flapping like hell. The DVLA make me laugh they send these letters out with no contact numbers or anything to fight your corner its just another money making scheme but Im not handing nothing over when Im not in the wrong.
oilslick said:
Did you get a certificate of destruction?
Like a receipt? I would of done but Im lapsy daisy most of the time. I misplaced the receipt, I think the scrap yard are on the fiddle there not supposed to sell scrapped cars so because ive rang aking for a receipt there blagging me by saying they have no record. But like i said I have the money paid in by sims metal on my bank statement. I suspect what has happened is that the scrapyard have sold your car and the new owner is the one who should be getting the FPNs and associated grief.
Which slip did you send to the DVLA? Surely you should have sent the whole V5 and given the new owner slip to the scrappy? I'm fairly sure that only the scrappy can declare that it has been destroyed, but stand to be corrected.
Other than the detail in your bank statement, are you sure you don't have a receipt for the sale of the car? Could be a lot of grief if offences have been committed when you are still the registered owner...
Which slip did you send to the DVLA? Surely you should have sent the whole V5 and given the new owner slip to the scrappy? I'm fairly sure that only the scrappy can declare that it has been destroyed, but stand to be corrected.
Other than the detail in your bank statement, are you sure you don't have a receipt for the sale of the car? Could be a lot of grief if offences have been committed when you are still the registered owner...
bigandclever said:
CHEWYCLEGNUTS said:
I would of done but Im lapsy daisy most of the time.
If that's meant to be 'lackadaisical', I think I may possibly just s
t my pants right here and now.Also, hope you get it sorted
Get yourself a lawyer OP, the internet is full of well meant misinformation
I hope you find a solution to the problem ... get legal advice! I can't see how they can give you points unless you have been driving around in the car ... penalty points are for driving offenses!
Don't you love the "continual insurance" scam? .. designed to keep the money rolling in .... much like IPT and VAT on premiums.
Don't you love the "continual insurance" scam? .. designed to keep the money rolling in .... much like IPT and VAT on premiums.
Dodsy said:
Or look at it another way. The scrappie has never seen your car therefore its still yours. They have fixed it up, made it roadworthy and sold it on. They have no clear title to the car so you are still the owner. Reclaim your now fixed car, pay the fine and move on.
He told the DVLA it was scrapped, if their procedures failed it is not his problem. Get proper legal advice, based on what you posted you should be OK. The scrappie needs to be able to account for the payment into your account.Any reasonable man can see that you disposed of the car to a scrapyard...
RedAlfa said:
I hope you find a solution to the problem ... get legal advice! I can't see how they can give you points unless you have been driving around in the car ... penalty points are for driving offenses!
Don't you love the "continual insurance" scam? .. designed to keep the money rolling in .... much like IPT and VAT on premiums.
What insurer charges you VAT on your premiums? Don't you love the "continual insurance" scam? .. designed to keep the money rolling in .... much like IPT and VAT on premiums.
WinstonWolf said:
He told the DVLA it was scrapped, if their procedures failed it is not his problem
I hope he followed the correct procedure: DVLA said:
You must scrap your car at an authorised treatment facility (ATF) if it's reached the end of its life and you no longer want to keep it. It can then be handled and dismantled in an environmentally friendly way.
You can only get an authentic Certificate of Destruction (CoD) from an ATF. You could still be liable for traffic offence penalties or vehicle tax if you don’t have a CoD when your vehicle’s scrapped.
You should keep section 9 of the car’s registration certificate (V5C) and send it to the DVLA to tell them you’ve scrapped your car.
If the ATF agrees to scrap your vehicle they’ll give you a CoD on the spot or within 7 days of issue if you’re scrapping a:
Car
Light van
3-wheeled motor vehicle (but not a motor tricycle)
The CoD is proof that you’ve handed over the vehicle for scrap and you’re not responsible for it any more. The ATF will tell DVLA that you’re no longer responsible for the vehicle.
If the ATF wants to re-sell your vehicle
The ATF may decide that they want to re-sell your vehicle rather than scrap it.
In this case, complete section 9 of your V5C vehicle registration certificate (the ‘Notification of sale or transfer’ section) and send it to DVLA at the address below.
It's a bit more complicated than I thought, but it's all on the V5C if you put your best glasses on...You can only get an authentic Certificate of Destruction (CoD) from an ATF. You could still be liable for traffic offence penalties or vehicle tax if you don’t have a CoD when your vehicle’s scrapped.
You should keep section 9 of the car’s registration certificate (V5C) and send it to the DVLA to tell them you’ve scrapped your car.
If the ATF agrees to scrap your vehicle they’ll give you a CoD on the spot or within 7 days of issue if you’re scrapping a:
Car
Light van
3-wheeled motor vehicle (but not a motor tricycle)
The CoD is proof that you’ve handed over the vehicle for scrap and you’re not responsible for it any more. The ATF will tell DVLA that you’re no longer responsible for the vehicle.
If the ATF wants to re-sell your vehicle
The ATF may decide that they want to re-sell your vehicle rather than scrap it.
In this case, complete section 9 of your V5C vehicle registration certificate (the ‘Notification of sale or transfer’ section) and send it to DVLA at the address below.
Edited by littleredrooster on Saturday 19th July 17:00
yzrh said:
I'm not really sure what excuse the scrapyard can come up with if your bank statement shows money coming in from them.
Refund.Different car scrapped.
Anything else scrapped.
Payment for work.
Payment for services rendered.
That's straight off the top of my head and certainly not an exhaustive list.
Simon.
I don't understand this....
As far as I know, unless it's an insurance write off in a specific category, there's no obligation for the scrapyard to destroy the car.
One fills out the yellow bit of the V5: 'sale to motor trader/dealer/salvage' and that's about it. I know it was possible to self-certify destruction of a car - but not under the new regime.
Effectively all that does is transfer ownership to the salvage company. They've bought the car, for £95, and it's theirs to do whatever with. If it was only a cracked windscreen then it would count as idiocy to crush it. A few pounds would get it back on the road.
The V5 section is a declaration of sale to a business, it doesn't mention destruction anywhere. So the scrapyard haven't done anything legally wrong in that sense. It becomes their prerogative to sell it etc. It would show on DVLA's systems as 'in trade'.
My guess is they've screwed up the paperwork somewhere along the line and don't want to take on the liability for the fact it wasn't SORN or insured at the relevant times. So they pretend they never bought it. Which is weird from a legal point of view.
As far as I know, unless it's an insurance write off in a specific category, there's no obligation for the scrapyard to destroy the car.
One fills out the yellow bit of the V5: 'sale to motor trader/dealer/salvage' and that's about it. I know it was possible to self-certify destruction of a car - but not under the new regime.
Effectively all that does is transfer ownership to the salvage company. They've bought the car, for £95, and it's theirs to do whatever with. If it was only a cracked windscreen then it would count as idiocy to crush it. A few pounds would get it back on the road.
The V5 section is a declaration of sale to a business, it doesn't mention destruction anywhere. So the scrapyard haven't done anything legally wrong in that sense. It becomes their prerogative to sell it etc. It would show on DVLA's systems as 'in trade'.
My guess is they've screwed up the paperwork somewhere along the line and don't want to take on the liability for the fact it wasn't SORN or insured at the relevant times. So they pretend they never bought it. Which is weird from a legal point of view.
ferrariF50lover said:
Refund.
Different car scrapped.
Anything else scrapped.
Payment for work.
Payment for services rendered.
That's straight off the top of my head and certainly not an exhaustive list.
Simon.
They can certainly say that I suppose, proving anything is a completely different matter Different car scrapped.
Anything else scrapped.
Payment for work.
Payment for services rendered.
That's straight off the top of my head and certainly not an exhaustive list.
Simon.
PH has got someone trying to prove their innocence again.
Why does he need a bank statement? He could have been paid cash for that amount.
He says he received £95 for scrapping the car and sent the form off to DVLA.
Someone has to prove different for him to be guilty of doing something different
ETA as redrooster said look at the yellow V5C part 3
It should be signed by the OP and the scrappy/dealer and please fill in and return to DVLA
There's no obligation there for it to be scrapped or resold.
It only confirms the OP has sold it.
The back of the form, if anyone reads it, says you should receive a receipt from DVLA within 4 weeks and if not try to tell them or you could still be liable for fines etc.
If you plead guilty when you're not, for an easy life, is that contempt of court?
Why does he need a bank statement? He could have been paid cash for that amount.
He says he received £95 for scrapping the car and sent the form off to DVLA.
Someone has to prove different for him to be guilty of doing something different
ETA as redrooster said look at the yellow V5C part 3
It should be signed by the OP and the scrappy/dealer and please fill in and return to DVLA
There's no obligation there for it to be scrapped or resold.
It only confirms the OP has sold it.
The back of the form, if anyone reads it, says you should receive a receipt from DVLA within 4 weeks and if not try to tell them or you could still be liable for fines etc.
If you plead guilty when you're not, for an easy life, is that contempt of court?
Edited by saaby93 on Saturday 19th July 20:03
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff