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R1stu
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PostPosted: 10:49 - 05 Aug 2019    Post subject: DVLA Court summons Reply with quote

Right, not sure the best way to deal with this.

A couple of weeks ago, I received a court summons for my Stepsons bike.

Now he assured me in March that he sorned the bike and paid the fine, but it seems he hasnt. and Now I have the court summons for not being insured when it was taxed and not sorned.

Now I was the registered keeper because the bike was on finance in my name and had to be until the agreement was finished.

Now according to the DVLA themselves being the registered keeper, does not make me the legal owner.

Now I was planning not to enter a plea, and to attend court, dragging his sorry ass with me, as even though the offence took place I was not the legal owner of the bike

Last thing I need/want it points/fine record on me for his stupid laziness.
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Riejufixing
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PostPosted: 11:01 - 05 Aug 2019    Post subject: Reply with quote

You've got the summons, so telephone, or (better) go and see, the Clerk of the Court and briefly explain the situation. Take your documents too. It is likely that instead of the case being struck out, that you, as the registered keeper, will be responsible. Um.
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grr666
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PostPosted: 11:08 - 05 Aug 2019    Post subject: Reply with quote

They just want their money, and you are their simplest route to getting it. They won't care a toss for the ins and outs.
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Ste
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PostPosted: 11:15 - 05 Aug 2019    Post subject: Re: DVLA Court summons Reply with quote

R1stu wrote:
not being insured when it was taxed and not sorned.

That's all they're interested in.
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weasley
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PostPosted: 12:02 - 05 Aug 2019    Post subject: Reply with quote

DVLA aren't concerned with the owner, just the registered keeper. That's you and as such the responsibility lies with you to dot the Is and cross the Ts.
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MCN
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PostPosted: 14:10 - 05 Aug 2019    Post subject: Reply with quote

Short and Curlys. (Do you even shave?)

Assurance is nothing in the eyes of the law.

YOU should have been more proactive and checked the status of the vehicle even with 'assurance'.

I have four vehicles registered and I have been caught out from time to time even though I 'assured' myself that all the boxes had been ticked.

You need to be on top of this shite. Not your fault but then it is if you are the keeper.

Family can be a bastirt.
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R1stu
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PostPosted: 14:59 - 05 Aug 2019    Post subject: Reply with quote

Yep I Know, we kept on at him to sort it, and all we got is I am and every time I asked if it been paid, he said I tried to pay it, but not sure.

His mum just turned around and said, I can't make him do stuff.

I even said give me the money to pay it but kept getting Ill sort it!

Is it just a larger fine, or will I/He get anything else along with it?

eg is it civil or criminal? A nice trip to Bristol is on the cards whatever! Evil or Very Mad
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Andy_Pagin
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PostPosted: 15:23 - 05 Aug 2019    Post subject: Reply with quote

Chapter & verse ...
https://www.gov.uk/vehicle-insurance/uninsured-vehicles
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owl
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PostPosted: 15:37 - 05 Aug 2019    Post subject: Reply with quote

Guessing this is the same stepson from this post back in January

https://www.bikechatforums.com/viewtopic.php?t=326640

R1stu wrote:

I also got a letter from DVLA saying The bike needs to be sorned or will get a 1k fine When spoke to him, said he already done it twice, despite us having the log book, and then asked again last week after giving him the paperwork its still showing as taxed, yet he said he sent it by post.


Sounds like a lying little shitebag, would have sold the bike then.

Also it seems like you know/knew how to check if it was sorn'd, so you must have known all this time he didn't do it?
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Nobby the Bastard
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PostPosted: 15:42 - 05 Aug 2019    Post subject: Reply with quote

DVLA 'Bend over darling, I'm going in dry.'
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Ste
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PostPosted: 15:43 - 05 Aug 2019    Post subject: Reply with quote

Has the bike now been declared SORN?
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Riejufixing
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PostPosted: 15:45 - 05 Aug 2019    Post subject: Reply with quote

R1stu wrote:
Is it just a larger fine, or will I/He get anything else along with it?

eg is it civil or criminal? A nice trip to Bristol is on the cards whatever! Evil or Very Mad

I think you should have had a letter about this, asking for you to to pay £100, with the possibility of reduction for early payment. Since it's gone to court, you might get a bigger fine, I don't know about this stuff so it's unclear to me. It might be worth saying to the court that you didn't get the letter, and ask to have the case dealt with on the basis set out in the letter (which you did not get). Yes, it's a criminal offence, but a "summary" one, regarded as a lesser thing - for instance, when filling in forms you're sometimes asked to disclose criminal offences *except* driving ones. I don't think he'll get any penalty, unless it's a family-imposed one. It would be nice if he paid your fine. Perhaps you could transfer the V5C to his name now if the vehicle is actually his, then the same problem can't happen again (not to you, anyway).
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Riejufixing
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PostPosted: 15:49 - 05 Aug 2019    Post subject: Reply with quote

Ste wrote:
Has the bike now been declared SORN?

^ Then you can tell the court.

Aside: I wonder what happens if you don't make a SORN, keep the thing off the road, uninsured, and pay the penalty when the letter arrives, but STILL don't make a SORN... ever!
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1198
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PostPosted: 18:31 - 05 Aug 2019    Post subject: Reply with quote

Try Pepipoo if you haven’t already before you do anything.
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Andy_Pagin
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PostPosted: 20:56 - 05 Aug 2019    Post subject: Reply with quote

Riejufixing wrote:
It might be worth saying to the court that you didn't get the letter
Perjury, perverting the course of justice...
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Riejufixing
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PostPosted: 21:21 - 05 Aug 2019    Post subject: Reply with quote

Andy_Pagin wrote:
Riejufixing wrote:
It might be worth saying to the court that you didn't get the letter
Perjury, perverting the course of justice...

Ah. I hadn't read (or remembered) the original post where he said he'd had a letter, or the quote from that post in this thread.
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MaybeGuy
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PostPosted: 06:21 - 06 Aug 2019    Post subject: Reply with quote

I don't know if it still works, but I got away with this exact thing about 8 years ago by saying I'd declared SORN by post, and it's deemed "served once sent".

Simple as that.
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iooi
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PostPosted: 09:26 - 06 Aug 2019    Post subject: Re: DVLA Court summons Reply with quote

R1stu wrote:

Now he assured me in March that he sorned the bike

Now I was the registered keeper because the bike

Last thing I need/want it points/fine record on me for his stupid laziness.


As registered keeper. Should YOU have not sorned it.... Rolling Eyes Embarassed

Might upset you a bit, but WTF did you not do it yourself.

You may not be the owner, but YOU ARE the registered keeper and that is all DVLA as interested in.
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LustyLew
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PostPosted: 12:26 - 06 Aug 2019    Post subject: Reply with quote

Stepson is a cunt.

The whole Registered Keeper/Owner point is for finance ("You will not own the car" on PCP deals, but the keeper is liable for VED, Insurance etc) purposes.

Note for future, never ever get involved financially with him again. He's not your problem. If GF is unwilling to take charge, she's a cunt too.

Move out. Sounds like a bunch of wet lettuce. Always someone elses fault...
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A100man
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PostPosted: 15:15 - 06 Aug 2019    Post subject: Reply with quote

Clearly this..
LustyLew wrote:
Stepson is a cunt.


..but then you know that, so you should have done it to be sure. Harsh maybe but..
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stinkwheel
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PostPosted: 21:55 - 06 Aug 2019    Post subject: Reply with quote

I've been done for this.

It's all on you I'm afraid legally speaking because your name is on the V5.

EXACT chapter and verse:

https://www.legislation.gov.uk/ukpga/1988/52/section/144A

Quote:
If a motor vehicle registered under the Vehicle Excise and Registration Act 1994 does not meet the insurance requirements, the person in whose name the vehicle is registered is guilty of an offence.


Sorry.

There is every chance if you turn up, the DVLA their will call you into their office just before the case is due to be heard and offer to accept a £100 "out of court settlement" to forget about the whole affair. They did that with everyone who turned up on the day i was done (and there were well into double figures).

I will state here and now that even if you go in with an honest story and excellent plea of mitigation, YOU are still guilty of an absolute offence and unless you can prove you either were insured of were not the registered keeper, the court will fine you £350-450. I went for this to spite them because a court imposed fine goes into central funds, not the DVLA.

I'd drag the wee shite to court. I'd imagine he'll be properly bricking it by the time it gets to being offered the oppertunity of bribing your way out of it..

One potential glimmer of hope. Check your dates. If it's been over 6 months since the date of the offence, you can move that the case cannot be heard under the Magistrates Court Act. This would be a special circumstance and you would need to lead with this before the case starts being heard. If the dates don't match, research it thoroughly and ask to speak to the clerk fo the court about it before your case is heard.
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Qyburn
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PostPosted: 15:54 - 07 Aug 2019    Post subject: Re: DVLA Court summons Reply with quote

R1stu wrote:
Last thing I need/want it points/fine record on me for his stupid laziness.

No points for Keeping a vehicle without insurance. It's Using that's the serious one. In your shoes, even though it's too late for this particular case, I think you should SORN the vehicle yourself. I don't think anyone except the Registered Keeper is really supposed to that in any case, and maybe isn't even able to do so.
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1198
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PostPosted: 16:20 - 07 Aug 2019    Post subject: Reply with quote

1198 wrote:
Try Pepipoo if you haven’t already before you do anything.


I repeat...
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R1stu
Shrek!



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PostPosted: 13:24 - 09 Aug 2019    Post subject: Reply with quote

We were trusting him to be an adult, he said he did it. We can't prove he didn't do it until the letter came Sad

TBF He has sent me a Picture of the sorn, which was done the day after the fine was sent.

Bike was sold in March soon after the finance was paid off.
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R1stu
Shrek!



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PostPosted: 16:59 - 14 Aug 2019    Post subject: Reply with quote

Appeal got too late, fined turned up today £350 with costs and victum surcharge
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