Car written off but not reported to deal?
Discussion
Hello all! Thanks for allowing me to post.
Here is the thing:
On 4th of December I have received a single justice procedure notice stating that on 26/07/2017 I was the registered keeper of a vehicle that did not meet the statutory insurance requirements, it also states that on the same day a fixed penalty notice was sent but a valid payment was not received.
My version of the story:
1. I didn’t get any fixed penalty notice by post so I was even more suprised when got the single justice procedure notice.
2. The vehicle that I am on about was written of by my insurance company, not my fault, on 9th March 2017, after almost 4 month of dealing with the other drivers insurance company.
3. When talking with my insurance company just after the vehicle was written off I told them that I don’t have my registration certificate as it was left in the glovebox and gone with the vehicle when they took it, their response was no problem we will take care of all.
4. Is responded to single justice procedure notice and pleaded not guilty, explaining what happened with the vehicle and attached a letter from insurance company stating that:
“...We refer to the above vehicle.
Please accept this as confirmation that the vehicle was deemed to be a total loss by us on 9th March, 2017. We, the insurers, became the registered owner and keeper and disposed of the vehicle...”
5. Today I received a letter from magistrates court stating that my case should be referred to a full court hearing and I have to be in court on 1st March.
I have never ever been in such situation and really don’t know what to expect in the court, can any body here advice me how can I try to defend my right, should I take any thing with me, or what they may charge my with if they will make me guilty? I am clueless...
Many thanks!
Marcin
Here is the thing:
On 4th of December I have received a single justice procedure notice stating that on 26/07/2017 I was the registered keeper of a vehicle that did not meet the statutory insurance requirements, it also states that on the same day a fixed penalty notice was sent but a valid payment was not received.
My version of the story:
1. I didn’t get any fixed penalty notice by post so I was even more suprised when got the single justice procedure notice.
2. The vehicle that I am on about was written of by my insurance company, not my fault, on 9th March 2017, after almost 4 month of dealing with the other drivers insurance company.
3. When talking with my insurance company just after the vehicle was written off I told them that I don’t have my registration certificate as it was left in the glovebox and gone with the vehicle when they took it, their response was no problem we will take care of all.
4. Is responded to single justice procedure notice and pleaded not guilty, explaining what happened with the vehicle and attached a letter from insurance company stating that:
“...We refer to the above vehicle.
Please accept this as confirmation that the vehicle was deemed to be a total loss by us on 9th March, 2017. We, the insurers, became the registered owner and keeper and disposed of the vehicle...”
5. Today I received a letter from magistrates court stating that my case should be referred to a full court hearing and I have to be in court on 1st March.
I have never ever been in such situation and really don’t know what to expect in the court, can any body here advice me how can I try to defend my right, should I take any thing with me, or what they may charge my with if they will make me guilty? I am clueless...
Many thanks!
Marcin
If you have proof from the insurance company that were the owners of the car at the time then take that with you.
Have you consulted a solicitor who specialises in motoring cases (first contact should be a short discussion of the facts and should be "gratis". AGTLaw on here is such a person. They will give you an opinion. google "agtlaw".
Have you consulted a solicitor who specialises in motoring cases (first contact should be a short discussion of the facts and should be "gratis". AGTLaw on here is such a person. They will give you an opinion. google "agtlaw".
I only have a letter from insurance that states they have become the owner and registered keeper from 9th March, and I only have it because they send it to me after I informed them about that single justice procedure notice. However I am not sure if that will be valid for the court and will it be enough to proof anything,
Will try to contact that solicitor, thanks
Will try to contact that solicitor, thanks
I've not had this specific issue with insurance, but we get a regular delivery of SJPs for untaxed vehicles being driven on the road for the end of life vehicles on my fleet as they are going to auction or trade sales sites.
Each one has been with a trade plate driver at the time, and I now have a contact in the DVLA who will get these cancelled before they get anywhere near a hearing. I just send a copy of the logistics request and the allocated trade plate that was being used at the time, and it's sorted.
Are these SJPS for insurance issued by MID, or the DVLA? It may be worth approaching the problem at the source to see if it can be resolved before going to a hearing
Each one has been with a trade plate driver at the time, and I now have a contact in the DVLA who will get these cancelled before they get anywhere near a hearing. I just send a copy of the logistics request and the allocated trade plate that was being used at the time, and it's sorted.
Are these SJPS for insurance issued by MID, or the DVLA? It may be worth approaching the problem at the source to see if it can be resolved before going to a hearing
Spleeen said:
On 4th of December I have received a single justice procedure notice stating that on 26/07/2017 I was the registered keeper of a vehicle that did not meet the statutory insurance requirements
So... it was taxed but uninsured?Spleeen said:
2. The vehicle that I am on about was written of by my insurance company, not my fault, on 9th March 2017, after almost 4 month of dealing with the other drivers insurance company.
...
a letter from insurance company stating that:
“...We refer to the above vehicle.
Please accept this as confirmation that the vehicle was deemed to be a total loss by us on 9th March, 2017. We, the insurers, became the registered owner and keeper and disposed of the vehicle...”
...but what happened to it? What category of write-off? Did it go through a salvage auction, and get repaired and put back on the road?...
a letter from insurance company stating that:
“...We refer to the above vehicle.
Please accept this as confirmation that the vehicle was deemed to be a total loss by us on 9th March, 2017. We, the insurers, became the registered owner and keeper and disposed of the vehicle...”
S11Steve said:
I've not had this specific issue with insurance, but we get a regular delivery of SJPs for untaxed vehicles being driven on the road for the end of life vehicles on my fleet as they are going to auction or trade sales sites.
Each one has been with a trade plate driver at the time, and I now have a contact in the DVLA who will get these cancelled before they get anywhere near a hearing. I just send a copy of the logistics request and the allocated trade plate that was being used at the time, and it's sorted.
Are these SJPS for insurance issued by MID, or the DVLA? It may be worth approaching the problem at the source to see if it can be resolved before going to a hearing
I received only one SJP and it was from Magistrates court, and after I responded to it they sent me a letter referring to a full hearing in the court. So I am quite concern it is to late to avoid it in any way...Each one has been with a trade plate driver at the time, and I now have a contact in the DVLA who will get these cancelled before they get anywhere near a hearing. I just send a copy of the logistics request and the allocated trade plate that was being used at the time, and it's sorted.
Are these SJPS for insurance issued by MID, or the DVLA? It may be worth approaching the problem at the source to see if it can be resolved before going to a hearing
TooMany2cvs said:
Spleeen said:
On 4th of December I have received a single justice procedure notice stating that on 26/07/2017 I was the registered keeper of a vehicle that did not meet the statutory insurance requirements
So... it was taxed but uninsured?Spleeen said:
2. The vehicle that I am on about was written of by my insurance company, not my fault, on 9th March 2017, after almost 4 month of dealing with the other drivers insurance company.
...
a letter from insurance company stating that:
“...We refer to the above vehicle.
Please accept this as confirmation that the vehicle was deemed to be a total loss by us on 9th March, 2017. We, the insurers, became the registered owner and keeper and disposed of the vehicle...”
...but what happened to it? What category of write-off? Did it go through a salvage auction, and get repaired and put back on the road?...
a letter from insurance company stating that:
“...We refer to the above vehicle.
Please accept this as confirmation that the vehicle was deemed to be a total loss by us on 9th March, 2017. We, the insurers, became the registered owner and keeper and disposed of the vehicle...”
Spleeen said:
TooMany2cvs said:
Spleeen said:
On 4th of December I have received a single justice procedure notice stating that on 26/07/2017 I was the registered keeper of a vehicle that did not meet the statutory insurance requirements
So... it was taxed but uninsured?Spleeen said:
2. The vehicle that I am on about was written of by my insurance company, not my fault, on 9th March 2017, after almost 4 month of dealing with the other drivers insurance company.
...
a letter from insurance company stating that:
“...We refer to the above vehicle.
Please accept this as confirmation that the vehicle was deemed to be a total loss by us on 9th March, 2017. We, the insurers, became the registered owner and keeper and disposed of the vehicle...”
...but what happened to it? What category of write-off? Did it go through a salvage auction, and get repaired and put back on the road?...
a letter from insurance company stating that:
“...We refer to the above vehicle.
Please accept this as confirmation that the vehicle was deemed to be a total loss by us on 9th March, 2017. We, the insurers, became the registered owner and keeper and disposed of the vehicle...”
I was thinking that it went on salvage auction then whoever bought it, fix it and didn’t bother to change the registered keeper details and probably only asked for a log book to be resend, but is that even possible?
I am stupid as it was my first car and I didn’t know that I have to do anything else once insurance company took it, I believed they will sort everything out :/
I am stupid as it was my first car and I didn’t know that I have to do anything else once insurance company took it, I believed they will sort everything out :/
Spleeen said:
I am stupid as it was my first car and I didn’t know that I have to do anything else once insurance company took it, I believed they will sort everything out :/
The motor trade generally is far too flippant about these things, saying "we'll take care of it". People really have to make sure they get the acknowledgement back from DVLA and chase it up if they don't.Go to court, turn up with the letter from your insurance company where they stated that they are now the registered keeper.
Will most likely get thrown out, at worse you'll get a £100 fine for not informing DVLA of the RK change (you should have checked this regardless of what the new owner says).
Will most likely get thrown out, at worse you'll get a £100 fine for not informing DVLA of the RK change (you should have checked this regardless of what the new owner says).
Dvla aren’t to helpful, pretty much adviced me the same thing, go to court with the letter and try to convince that it didn’t happen on purpose etc.
I’ll go to court that’s definitive, and what will happen will happen, will try to get as lowest fine as possible if I’ll have to accept one... thanks for all the advices
I’ll go to court that’s definitive, and what will happen will happen, will try to get as lowest fine as possible if I’ll have to accept one... thanks for all the advices
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