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| R1stu |
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 R1stu Shrek!

Joined: 12 Mar 2003 Karma :   
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 Posted: 10:49 - 05 Aug 2019 Post subject: DVLA Court summons |
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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. ____________________ Carbon closet tart! https://www.bikepics.com/members/r6stuk/02r6/
Stolen bike. 2000 R1: https://www.bikepics.com/members/r6stuk/00r1/
Current bike 1991 Honda ST1100 Pan European, 1986 Honda cb350sg (Finished) |
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| Riejufixing |
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 Riejufixing World Chat Champion

Joined: 24 Jun 2018 Karma :   
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| grr666 |
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 grr666 Super Spammer

Joined: 16 Jun 2014 Karma :   
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 Posted: 11:08 - 05 Aug 2019 Post subject: |
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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. ____________________ Currently enjoying products from Ford, Mazda and Yamaha
Ste wrote: Avatars are fine, it's signatures that need turning off.  |
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| Ste |
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 Ste Not Work Safe

Joined: 01 Sep 2002 Karma :    
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| weasley |
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 weasley World Chat Champion

Joined: 16 Oct 2010 Karma :    
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| MCN |
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 MCN Super Spammer

Joined: 22 Jul 2015 Karma :   
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| R1stu |
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 R1stu Shrek!

Joined: 12 Mar 2003 Karma :   
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 Posted: 14:59 - 05 Aug 2019 Post subject: |
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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!  ____________________ Carbon closet tart! https://www.bikepics.com/members/r6stuk/02r6/
Stolen bike. 2000 R1: https://www.bikepics.com/members/r6stuk/00r1/
Current bike 1991 Honda ST1100 Pan European, 1986 Honda cb350sg (Finished) |
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| Andy_Pagin |
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 Andy_Pagin World Chat Champion

Joined: 08 Nov 2010 Karma :    
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 Posted: 15:23 - 05 Aug 2019 Post subject: |
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Chapter & verse ...
https://www.gov.uk/vehicle-insurance/uninsured-vehicles ____________________ They're coming to take me away, ho-ho, hee-hee, ha-haaa, hey-hey,
the men in white coats are coming to take me away.
Yamaha Vity -> YBR125 -> FZS600 Fazer -> FZ1-S Fazer |
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| owl |
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 owl World Chat Champion
Joined: 21 Oct 2016 Karma :  
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| Nobby the Bastard |
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 Nobby the Bastard Harley Gaydar

Joined: 16 Aug 2013 Karma :  
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| Ste |
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 Ste Not Work Safe

Joined: 01 Sep 2002 Karma :    
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| Riejufixing |
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 Riejufixing World Chat Champion

Joined: 24 Jun 2018 Karma :   
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 Posted: 15:45 - 05 Aug 2019 Post subject: |
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| 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!  |
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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 Riejufixing World Chat Champion

Joined: 24 Jun 2018 Karma :   
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| 1198 |
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 1198 World Chat Champion
Joined: 24 Jan 2013 Karma :   
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| Andy_Pagin |
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 Andy_Pagin World Chat Champion

Joined: 08 Nov 2010 Karma :    
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| Riejufixing |
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 Riejufixing World Chat Champion

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| MaybeGuy |
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 MaybeGuy Super Spammer

Joined: 12 Mar 2007 Karma :     
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 Posted: 06:21 - 06 Aug 2019 Post subject: |
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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. ____________________ Blue_SV650S wrote: it was a sh1te wheelie, but it proves that he can get it up in 3rd and can do angles. In summery, mattsprattuk is a gobby little sh1tebag, dopehead tw4t, but sadly for all of us, he probably isn't THAT full of sh1te!!
Kickstart wrote: Hi I tend to agree with Matt. All the best Keith
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| iooi |
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 iooi Super Spammer

Joined: 14 Jan 2007 Karma :    
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| LustyLew |
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 LustyLew World Chat Champion

Joined: 19 Apr 2004 Karma :  
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| A100man |
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 A100man World Chat Champion

Joined: 19 Aug 2013 Karma :   
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 Posted: 15:15 - 06 Aug 2019 Post subject: |
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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.. ____________________ Now: A100, GT250A, XJ598, FZ750
Then: Fizz, RS200, KL250, XJ550, Laverda Alpina, XJ600, FZS600 |
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| stinkwheel |
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 stinkwheel Bovine Proctologist

Joined: 12 Jul 2004 Karma :    
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 Posted: 21:55 - 06 Aug 2019 Post subject: |
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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. ____________________ “Rule one: Always stick around for one more drink. That's when things happen. That's when you find out everything you want to know.”
I did the 2010 Round Britain Rally on my 350 Bullet. 89 landmarks, 3 months, 9,500 miles. |
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| Qyburn |
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 Qyburn Renault 5 Driver
Joined: 14 Jul 2017 Karma :    
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| 1198 |
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 1198 World Chat Champion
Joined: 24 Jan 2013 Karma :   
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| R1stu |
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 R1stu Shrek!

Joined: 12 Mar 2003 Karma :   
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 Posted: 13:24 - 09 Aug 2019 Post subject: |
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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
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. ____________________ Carbon closet tart! https://www.bikepics.com/members/r6stuk/02r6/
Stolen bike. 2000 R1: https://www.bikepics.com/members/r6stuk/00r1/
Current bike 1991 Honda ST1100 Pan European, 1986 Honda cb350sg (Finished) |
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| R1stu |
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 R1stu Shrek!

Joined: 12 Mar 2003 Karma :   
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Old Thread Alert!
The last post was made 6 years, 180 days ago. Instead of replying here, would creating a new thread be more useful? |
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