Court Summons - Registered keeper but I didn t own the car!

Court Summons - Registered keeper but I didn t own the car!

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Discussion

Zor600

Original Poster:

68 posts

113 months

Tuesday 3rd June
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The initial message was deleted from this topic on 17 June 2025 at 09:22

ADJimbo

622 posts

200 months

Tuesday 3rd June
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Can you not do a paid for MID check online and see who holds that vehicle on their risk register?

The fact that an insurer can’t access the others details, and get in touch with them is well, a bit strange…

I doubt it ll throw much up but it’s worth a punt as if the new owner has kept insured with the same provider for the whole time, then you ve got a potential solution.

Edited by ADJimbo on Tuesday 3rd June 19:26

KTMsm

28,819 posts

277 months

Tuesday 3rd June
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So you sold it to a scrap dealer for cash - which is supposed to be illegal as they are supposed to only pay into a bank account

You didn't get a receipt nor did you send off the V5

When you notified the DVLA you gave the wrong date

I'd suggest your only chance is if you could go to the scrap dealer and get a backdated receipt


OverSteery

3,751 posts

245 months

Tuesday 3rd June
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KTMsm said:
So you sold it to a scrap dealer for cash - which is supposed to be illegal as they are supposed to only pay into a bank account

You didn't get a receipt nor did you send off the V5

When you notified the DVLA you gave the wrong date

I'd suggest your only chance is if you could go to the scrap dealer and get a backdated receipt
He sold it to someone who sold it on, so cash payment is OK.

OP - possibly go to court and explain?

Zor600

Original Poster:

68 posts

113 months

Tuesday 3rd June
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I would do this but I’m afraid that if I prolong this, the fees will go up and I can’t afford them as they are now, let alone if they continue to rise.

littleredrooster

5,915 posts

210 months

Tuesday 3rd June
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Zor600 said:
In May 2023 I sold my car to a scrap dealer. They told me they sorted the v5 paperwork and I assumed they did.
There was your first mistake.

Zor600 said:
I then informed DVLA myself that the vehicle was sold. Unfortunately I made a mistake - I put the date the scrap dealer sold the vehicle onwards, not the date I sold the vehicle to the scrap dealer. I confused the dates and did not realise until now.
There was your second mistake.

Zor600 said:
The sale was a cash sale, so I don t have any other proof of sale.
I have been In touch with the scrap dealer who doesn t have proof of sale.
There was your third mistake.

Zor600 said:
I received a court summons letter regarding an accident from June 2023 saying I owe ££££ s. I was not the owner of the vehicle at this time, but i was still the registered keeper.
This is the inevitable result.

Zor600 said:
The solicitors have told me that as they couldn t get in touch with the offenders insurance they have gone for me as I m the registered keeper.
Unfortunately you seem to have dug yourself a rather large hole and I'm not sure there's an easy way out. The process for selling a car - whether to trade, private, export or scrap is fairly well detailed on the V5 document; viz: if you do THIS, fill this bit in, if you do THAT, fill this bit in. As you have delegated most of the important bits to persons unknown, it has gone wrong and, unless you can convince DVLA and the Court (without any supporting paperwork), I fear it may not end well. Sorry - others may have an alternative way out, I hope.

speedking31

3,704 posts

150 months

Tuesday 3rd June
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The OP was not the driver and has given all the information that he is able to assist in the investigation. Are RK's ever responsible for an accident if they weren't the driver? At most a fine for failing to furnish, and even that seems very unlikely, even with associated points could be a better outcome than being personally responsible for an injury claim.

paul_c123

760 posts

7 months

Tuesday 3rd June
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OP isn't liable for the accident but is liable for not updating the registered keeper. You'd now need to prove you WEREN'T the person who had the accident - I am assuming its a hit and run, given they're trying to chase who did it via number plate etc and not what details they gave if/when they stopped and exchanged details, as would normally happen.

I'd be searching round for legal advice at this stage. And trying to build an alibi.

Zor600

Original Poster:

68 posts

113 months

Tuesday 3rd June
quotequote all
littleredrooster said:
Zor600 said:
In May 2023 I sold my car to a scrap dealer. They told me they sorted the v5 paperwork and I assumed they did.
There was your first mistake.

Zor600 said:
I then informed DVLA myself that the vehicle was sold. Unfortunately I made a mistake - I put the date the scrap dealer sold the vehicle onwards, not the date I sold the vehicle to the scrap dealer. I confused the dates and did not realise until now.
There was your second mistake.

Zor600 said:
The sale was a cash sale, so I don t have any other proof of sale.
I have been In touch with the scrap dealer who doesn t have proof of sale.
There was your third mistake.

Zor600 said:
I received a court summons letter regarding an accident from June 2023 saying I owe ££££ s. I was not the owner of the vehicle at this time, but i was still the registered keeper.
This is the inevitable result.

Zor600 said:
The solicitors have told me that as they couldn t get in touch with the offenders insurance they have gone for me as I m the registered keeper.
Unfortunately you seem to have dug yourself a rather large hole and I'm not sure there's an easy way out. The process for selling a car - whether to trade, private, export or scrap is fairly well detailed on the V5 document; viz: if you do THIS, fill this bit in, if you do THAT, fill this bit in. As you have delegated most of the important bits to persons unknown, it has gone wrong and, unless you can convince DVLA and the Court (without any supporting paperwork), I fear it may not end well. Sorry - others may have an alternative way out, I hope.
Agree that there has been several stupid mistakes made. I may have to just suck it up and pay. Is this something I’ll need to declare on my insurance? I don’t know if it classes as a claim or not. If I have to declare it do you reckon it’s worth trying to see if my current insurers will help?

Zor600

Original Poster:

68 posts

113 months

Tuesday 3rd June
quotequote all
paul_c123 said:
OP isn't liable for the accident but is liable for not updating the registered keeper. You'd now need to prove you WEREN'T the person who had the accident - I am assuming its a hit and run, given they're trying to chase who did it via number plate etc and not what details they gave if/when they stopped and exchanged details, as would normally happen.

I'd be searching round for legal advice at this stage. And trying to build an alibi.
I’ve reached out to 3 different solicitors who were unable to assist. The sum is in the low thousands so perhaps it’s not worth their time in their eyes?

Boringvolvodriver

10,344 posts

57 months

Tuesday 3rd June
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It does appear strange that the other party,s insurer cannot get hold of the insurance company of the driver who caused the accident. How much are we talking about as a claim and is it a County Court case?

I would be asking for more details in that regard, I.e. who were the insurers, if indeed the car was insured. Do have any details of the accident, I.e. location, day and time etc? If so then you would be able to confirm that you were elsewhere therefore it couldn’t be you.

Whilst it is not ideal that you have nothing proving the sale on the correct day to the scrap man, you do have evidence that you, presumably switched insurance cover from one car to another which might be help.

AIUI, being the registered keeper of a vehicle does not prove ownership or indeed who was driving the car and could be that the insurance company are trying it on?

IANAL and I would like to think that despite your errors, then if it were to go to a court hearing then providing you have a much evidence as possible, then there might be a chance of a judge ruling the claim out.




Boringvolvodriver

10,344 posts

57 months

Tuesday 3rd June
quotequote all
paul_c123 said:
OP isn't liable for the accident but is liable for not updating the registered keeper. You'd now need to prove you WEREN'T the person who had the accident - I am assuming its a hit and run, given they're trying to chase who did it via number plate etc and not what details they gave if/when they stopped and exchanged details, as would normally happen.

I'd be searching round for legal advice at this stage. And trying to build an alibi.
Just a thought here, if the OP has legal cover on his existing policy, would they be able to assist?

Or legal cover on a home insurance policy?



Zor600

Original Poster:

68 posts

113 months

Tuesday 3rd June
quotequote all
Boringvolvodriver said:
It does appear strange that the other party,s insurer cannot get hold of the insurance company of the driver who caused the accident. How much are we talking about as a claim and is it a County Court case?

I would be asking for more details in that regard, I.e. who were the insurers, if indeed the car was insured. Do have any details of the accident, I.e. location, day and time etc? If so then you would be able to confirm that you were elsewhere therefore it couldn t be you.

Whilst it is not ideal that you have nothing proving the sale on the correct day to the scrap man, you do have evidence that you, presumably switched insurance cover from one car to another which might be help.

AIUI, being the registered keeper of a vehicle does not prove ownership or indeed who was driving the car and could be that the insurance company are trying it on?

IANAL and I would like to think that despite your errors, then if it were to go to a court hearing then providing you have a much evidence as possible, then there might be a chance of a judge ruling the claim out.
I have the date time and place where the incident took place. I even have the new owners name and address! It s just that I gave the DVLA the wrong sale date last year and now I can t change it.

It is a county court claim

Sheepshanks

37,013 posts

133 months

Tuesday 3rd June
quotequote all
Zor600 said:
I ve reached out to 3 different solicitors who were unable to assist. The sum is in the low thousands so perhaps it s not worth their time in their eyes?
Try Citizens Advice.

ralphrj

3,803 posts

205 months

Tuesday 3rd June
quotequote all
Boringvolvodriver said:
It does appear strange that the other party,s insurer cannot get hold of the insurance company of the driver who caused the accident.
My assumption would be that the scrap man was well aware that the OP had not completed the necessary information on the V5 and has (or allowed another person or persons) to drive the car in full knowledge that any parking tickets, speeding tickets or insurance claims would go back to the OP. The story about selling the car was made up to throw off the OP. Therefore, there is no other insurer and the last entry on MIB will be the OP’s policy.

Zor600

Original Poster:

68 posts

113 months

Tuesday 3rd June
quotequote all
ralphrj said:
Boringvolvodriver said:
It does appear strange that the other party,s insurer cannot get hold of the insurance company of the driver who caused the accident.
My assumption would be that the scrap man was well aware that the OP had not completed the necessary information on the V5 and has (or allowed another person or persons) to drive the car in full knowledge that any parking tickets, speeding tickets or insurance claims would go back to the OP. The story about selling the car was made up to throw off the OP. Therefore, there is no other insurer and the last entry on MIB will be the OP s policy.
When I checked MIB the year after I sold it, the vehicle was showing as insured. I was told that the solicitors had identified the insurer but couldn t get a response from them.

They had also taxed and mot’ed it that same year

Boringvolvodriver

10,344 posts

57 months

Tuesday 3rd June
quotequote all
Zor600 said:
I have the date time and place where the incident took place. I even have the new owners name and address! It s just that I gave the DVLA the wrong sale date last year and now I can t change it.

It is a county court claim
So why aren’t the insurance company going after the new owners then?

Can you prove that it definitely wasn’t you driving when the incident took place?

Before a County Court hearing can take place, you have the opportunity to put your counter reasons for not accepting the claim followed by mediation so that is where you can get all your ducks in a row.

Zor600

Original Poster:

68 posts

113 months

Tuesday 3rd June
quotequote all
irc said:
Zor600 said:
I have the date time and place where the incident took place. I even have the new owners name and address! It s just that I gave the DVLA the wrong sale date last year and now I can t change it.

It is a county court claim
If this is a county court claim for an unpaid parking ticket then you would be better asking for advice elsewhere.

https://www.ftla.uk/index.php formerly I believe Peipoo.

Normally the driver not the reg keeper is resonsible for tickets.

Parking companies can pursue the reg keeper but there is a process they need to follow and they do not always get it right.

Seems odd being thousands for one ticket and costs?

In any case try there. As far as costs go tickets go the small claims route where costs that can be claime are minimal. The only way it could be thousands was if there were many tickets not one.

Have you actually got a letter before action or just a threatening letter from debt collectors.


Have you spoken to them. Usual advice is written comms only.
This is for a car accident/personal injury claim

skyebear

889 posts

20 months

Tuesday 3rd June
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What proof can you collate that would show you were elsewhere?

Zor600

Original Poster:

68 posts

113 months

Tuesday 3rd June
quotequote all
Boringvolvodriver said:
Zor600 said:
I have the date time and place where the incident took place. I even have the new owners name and address! It s just that I gave the DVLA the wrong sale date last year and now I can t change it.

It is a county court claim
So why aren t the insurance company going after the new owners then?

Can you prove that it definitely wasn t you driving when the incident took place?

Before a County Court hearing can take place, you have the opportunity to put your counter reasons for not accepting the claim followed by mediation so that is where you can get all your ducks in a row.
I’m afraid of costs going up, and then I have to pay even more if they reject my alibi.
I was working on the day of the incident, I can get a screenshot of my work schedule for that day. I’m not sure what else would count as evidence that I could obtain as it was 2 years ago now.