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| jpno5 |
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 jpno5 Borekit Bruiser
Joined: 09 Feb 2016 Karma :    
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| Hahadumball |
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 Hahadumball World Chat Champion

Joined: 07 Oct 2015 Karma :     
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| Kentol750 |
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 Kentol750 World Chat Champion
Joined: 24 May 2016 Karma :  
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 Posted: 00:14 - 05 May 2018 Post subject: Yep |
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Like he said. ____________________ Some bikes. |
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| stinkwheel |
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 stinkwheel Bovine Proctologist

Joined: 12 Jul 2004 Karma :    
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 Posted: 11:32 - 05 May 2018 Post subject: |
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Your bike would have to have been registered by the garage on the MIB database to count as "covered" by their fleet policy.
Claiming it was covered by their fleet policy could potentially drop THEM in the shit too because they have a legal requirement to keep the MIB database up to date.
So no. You're guilty of being the keeper of an uninsured motor vehicle contrary to section 141 of the road traffic act and are pretty much stitched up lik ea kipper.
You have two options. One is to pay them £100 to go away. The other is to wait and see if they take you to court. They have six months to do so (give or take) after which the magistrates court act prevents a magistrate hearing the case (providing you lead with that little gem immediately you get into court, I'd speak to the clerk about it just before the case).
I did the latter, they had me in court a week before the 6 months was up. I went in and pleaded my case, was appologised to by the magistrate who then fined me £250 and a victim surcharge because he had no other option.
Of some interest is that the DVLA prosecutor offered to accept the original £100 bribe out of court settlement in a side room only minutes beofre the case was due to be heard. I went to court on general principal because if the court fines me, the fine goes into central funds, the DVLA don't get it.
So you could hedge your bets and wait it out then if they do decide to prosecute, go into the court and hope they still offer the £100.
Up to you. ____________________ “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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| Rogerborg |
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 Rogerborg nimbA

Joined: 26 Oct 2010 Karma :    
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 Posted: 12:33 - 05 May 2018 Post subject: Re: Fine for new insurance. |
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| jpno5 wrote: | Got a letter through last week saying i've been fined 100 quid for no insurance after the dvla carried out a random check. |
Hold your horses.
Did you receive a letter from a court telling you that you have been prosecuted, tried and convicted in your absence and that you now owe the court £100?
If not, then you haven't been fined.
If you received a letter from the DVLA telling you that you've been very naughty and that they want £100 from you in order for them not to prosecute you, then either insure or SORN the bike now, and forget about it.
Treat it seriously if and when an actual court summons hits your mat.
Whatever you do, don't contact the "DVLA". You'll be put through to whichever group of ghouls is running their collections racket at the moment, who will have no interest in anything other than rinsing you for the money. ____________________ Biking is 1/20th as dangerous as horse riding.
GONE: HN125-8, LF-250B, GPz 305, GPZ 500S, Burgman 400 // RIDING: F650GS (800 twin), Royal Enfield Bullet Electra 500 AVL, Ninja 250R because racebike |
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| jpno5 |
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 jpno5 Borekit Bruiser
Joined: 09 Feb 2016 Karma :    
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| Hahadumball |
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 Hahadumball World Chat Champion

Joined: 07 Oct 2015 Karma :     
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| stinkwheel |
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 stinkwheel Bovine Proctologist

Joined: 12 Jul 2004 Karma :    
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 Posted: 09:05 - 06 May 2018 Post subject: |
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| jpno5 wrote: | yeah i'll just suck it up and pay it, it's anything to get money out you these days >.< I never went to court etc, wasn't actually living at my registered address so was late in getting my mail. literally just got a letter this morning saying its now with Glasgow justice of the peace court and passed for immediate enforcement. |
Yeah. But was it an actual summons? I'm pretty certain it wasn't, you'll know it is because it'll say so in no uncertain terms, it will tell you when and where you are required to attend court, for what offence you are being charged, it will have a list of the evidence they intend to put before the court and a form for you to fill in about your income to be used when setting the level of a fine.
Anything else up to that point is hot air and bluster so don't panic.
| Despined_By_Ex wrote: |
however...
do you not remember posting off a declaration of sorn... |
It wouldn't matter if he did or not, the insurance legislation requires the defendant to provide proof that they posted it. ____________________ “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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| Rogerborg |
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 Rogerborg nimbA

Joined: 26 Oct 2010 Karma :    
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| johnsmith222 |
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 johnsmith222 World Chat Champion
Joined: 26 Dec 2008 Karma :   
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| stinkwheel |
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 stinkwheel Bovine Proctologist

Joined: 12 Jul 2004 Karma :    
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| johnsmith222 |
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 johnsmith222 World Chat Champion
Joined: 26 Dec 2008 Karma :   
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 Posted: 17:45 - 07 May 2018 Post subject: |
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| stinkwheel wrote: | | bluezedd wrote: |
Could he try writing to the DVLA and explaining this (assuming he did 100% for sure post his SORN notification) and see what happens. Just making sure he doesn't pay?
I posted a V5C for a bike I sold a year ago, but ended up getting a tax reminder for it and found out the DVLA still had it in my name.
I prepared myself to experience all sorts of BS for failure to notify change of keeper etc. Expecting a court situation as I had heard about.
Nope, the DVLA were nothing but helpful and sorted it out rapidly once I wrote to them.
That said, the situation might be different if my first realisation was a naughty boy slip, rather than a tax reminder. |
The department that does the change of details isn't the department that trawls the database looking for people they can demand money from. Had the new owner noticed and sent in a form/web form requesting a V5, which would automatically trigger the money people, you'd probably be looking at a demand for £200. |
I guess it makes sense then. I wouldn't have been certain had I got a demand for money that it would have been treated the same way.
A real shame, as I actually did post the V5C, as I remember walking up to the post box after he bought it, as it was a nice day. There must be many people that get in trouble even though the hadn't done anything wrong.
I was expecting £80 demand or something. For £200 I'd definitely be going to court, even if it meant failing and paying more. |
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Old Thread Alert!
The last post was made 7 years, 339 days ago. Instead of replying here, would creating a new thread be more useful? |
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