legal advice needed
Discussion
Complex one this - DVLA say one of my cars does not exist so I cant tax or MOT it. Now been done for not having tax, MOT etc! Seems a bit silly to me as I cant get the correct documents becuase despite many attempts at getting the DVLA to accept that my car does indeed exist, they say it does not. It is a bit more complicated than that obviously - reasonable priced lawyer required please! North / Central London area.
To be honest I think you may be fighting a losing battle with this one - despite the fact that I empathise with your situation.
The prosecution will just say, "OK, so you were told your car doesnt exist, but you admit you drove around for X months with no tax and MOT anyway?"
If the answer is yes, then despite the troubles you have had you will still be guilty - and I am not sure that there is a way around that.
From my own personal experience, and also in speaking to a couple of magistrates informally it says a lot about you in thses kind of situations to put forward the story yourself and hope that this will mitigate the punishment handed down. In some occasions that fact that you are looking toward a solicitor to represent your own words *can* hnt that you are looking for a legal loophope rather than just getting the solicitor to put forward your own story. Similarly if you have just spent £500 on a solicitor for the day for offences where the fine is based more on income - this may look like you have a lot of 'disposable income'!
My way forward would be to get as much information from the DVLA in writing as possible. If they can back up your claim then this may go some way to putting forward mitigating circumstances. I would then go to court, explain my situation truthfully, show the evidence and look for a lenient and cheap result.
The prosecution will just say, "OK, so you were told your car doesnt exist, but you admit you drove around for X months with no tax and MOT anyway?"
If the answer is yes, then despite the troubles you have had you will still be guilty - and I am not sure that there is a way around that.
From my own personal experience, and also in speaking to a couple of magistrates informally it says a lot about you in thses kind of situations to put forward the story yourself and hope that this will mitigate the punishment handed down. In some occasions that fact that you are looking toward a solicitor to represent your own words *can* hnt that you are looking for a legal loophope rather than just getting the solicitor to put forward your own story. Similarly if you have just spent £500 on a solicitor for the day for offences where the fine is based more on income - this may look like you have a lot of 'disposable income'!
My way forward would be to get as much information from the DVLA in writing as possible. If they can back up your claim then this may go some way to putting forward mitigating circumstances. I would then go to court, explain my situation truthfully, show the evidence and look for a lenient and cheap result.
Caught driving on the M1. Cop said he pulled me cos I overtook him! I thought it was a bit silly as it was about 11:00 pm on a deserted motorway and I was not speeding at all, I was doing pretty much bang on 70.
I don't have the paperwork from the DVLA - I forgot to chase it until the summons popped up. I need to call them today.
TBH, I will take the points and the fine if I really have to but it is essential I do not get banned as I need to be available 24/7 due to a chronic medical issue with a close family member (and no, that is not just a line!).
Just called the court who have said that they have come acrioss this before. Ask for a delay, speak to the DVLA and then off to the CA or a lawyer for advice before I go to court. Credit where credit is due - the chap at the court was very helpful indeed.
I don't have the paperwork from the DVLA - I forgot to chase it until the summons popped up. I need to call them today.
TBH, I will take the points and the fine if I really have to but it is essential I do not get banned as I need to be available 24/7 due to a chronic medical issue with a close family member (and no, that is not just a line!).
Just called the court who have said that they have come acrioss this before. Ask for a delay, speak to the DVLA and then off to the CA or a lawyer for advice before I go to court. Credit where credit is due - the chap at the court was very helpful indeed.
You will also need a note from the doctor of the family member ideally and also a note from them advising that you are their transport. Good mitigation for keeping the license.
Also, how long ago did the MOT expire?
Do you have records/copies of your letters etc.. to the DVLA trying to get it solved?
Also, how long ago did the MOT expire?
Do you have records/copies of your letters etc.. to the DVLA trying to get it solved?
Will take a few days - on the otherhand, would a letter from a senior member of the armed forces (his employer) suffice as it would be quicker to get?
I am not his sole transport but he lives 45 miles from me and we need to ensure that at any time day or night there are people available to get him into hopsital in central London should they call. Also someone needs to be there for his wife. Thus we have a kind of "watch" system set up. Without a car I could also not go and see this guy very often and that would obiosuly be a massive problem especially as in reality, I suspect I wont be seeing him at all after the next 6-9 months inless we get lucky.
MOT ran out a few months back, maybe 3 months after I purchased the car. Have not got the records to hand.
I am not his sole transport but he lives 45 miles from me and we need to ensure that at any time day or night there are people available to get him into hopsital in central London should they call. Also someone needs to be there for his wife. Thus we have a kind of "watch" system set up. Without a car I could also not go and see this guy very often and that would obiosuly be a massive problem especially as in reality, I suspect I wont be seeing him at all after the next 6-9 months inless we get lucky.
MOT ran out a few months back, maybe 3 months after I purchased the car. Have not got the records to hand.
Yes, a letter from the CO would help. It needs to set out what you have said here.
In theory your solicitor should be advising you what to do/bring as well, but it doesn't hurt to try and make sure all the bases are covered.
If you are one of the car share group, that is not as strong, but under the circumstances ought to be sufficient to prevent a ban.
When the MOT ran out, did you contact the DVLA etc.. and have you records of those calls/letters as well? I assume you don't have access to any other vehicle? Stupid question, but how did the previous owner tax the car, or is it simply that the DVLA, being their usual utter waste of space govt incompetent feckwits, have lost the registration details etc. since you bought the car?!?
In theory your solicitor should be advising you what to do/bring as well, but it doesn't hurt to try and make sure all the bases are covered.
If you are one of the car share group, that is not as strong, but under the circumstances ought to be sufficient to prevent a ban.
When the MOT ran out, did you contact the DVLA etc.. and have you records of those calls/letters as well? I assume you don't have access to any other vehicle? Stupid question, but how did the previous owner tax the car, or is it simply that the DVLA, being their usual utter waste of space govt incompetent feckwits, have lost the registration details etc. since you bought the car?!?
pappa lurve said:
Will take a few days - on the otherhand, would a letter from a senior member of the armed forces (his employer) suffice as it would be quicker to get?
I am not his sole transport but he lives 45 miles from me and we need to ensure that at any time day or night there are people available to get him into hopsital in central London should they call. Also someone needs to be there for his wife. Thus we have a kind of "watch" system set up. Without a car I could also not go and see this guy very often and that would obiosuly be a massive problem especially as in reality, I suspect I wont be seeing him at all after the next 6-9 months inless we get lucky.
MOT ran out a few months back, maybe 3 months after I purchased the car. Have not got the records to hand.
I am not his sole transport but he lives 45 miles from me and we need to ensure that at any time day or night there are people available to get him into hopsital in central London should they call. Also someone needs to be there for his wife. Thus we have a kind of "watch" system set up. Without a car I could also not go and see this guy very often and that would obiosuly be a massive problem especially as in reality, I suspect I wont be seeing him at all after the next 6-9 months inless we get lucky.
MOT ran out a few months back, maybe 3 months after I purchased the car. Have not got the records to hand.
I don't think this 'mercy mission' mitigation will hold up as you've outlined it above. You'll have to make it sound more plausible. The obvious retort by any smart arsed Magistrates Clerk when presented with the bit I've highlighted will undoubtedly be " But isn't that job of the ambulance service Mr Lurve? "
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