Author Topic: oh dear i think im screwed speeding ticket and points!  (Read 5465 times)

Gavv8

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Re: oh dear i think im screwed speeding ticket and points!
« Reply #30 on: 31 March 2012, 16:51 »
bet the bloke you name said Nope not me,

thus putting the liability back onto you, as YOU failed to notify the DVLA that you put the car into trade.

Harsh, but the way it is
This looks like the most likely scenario, if it was a fixed camera he just denied all knowledge and there is not much you can do about it.

Offline DubFan

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Re: oh dear i think im screwed speeding ticket and points!
« Reply #31 on: 31 March 2012, 17:12 »
I once sold a moped on ebay, the guy picked it up filled in the new keeper slip and I sent it off.
However a couple of weeks later the moped was caught in a bus lane on camera and was sent the letter with a fine.
I got back to TFL (who issued the bus lane violation ticket) and told them the moped had just been bought by someone and it should now be registered to them.
They then contacted the DVLA who confirmed that the keeper had changed and all was good.

When you sell a car and notify the DVLA you should get a letter saying that you are no longer the registered keeper, I always keep these letters as proof incase something like this happens.

Best case scenario is that you can prove to whoever sent the speeding ticket (local Police or local authority) that you weren't the owner at the time, in which case you will hopefully get off without the speeding ticket or fine.
But you'll just have to suck up the £650 fine and points from the DVLA as you clearly failed to notify them of the change of keeper.

You might possibly be able to plead ignorance or forgetfulness. But to plead ignorance it would have to be the first time you've ever traded/sold a car. And to plead forgetfulness you would have to show that you hadn't received any letters from the DVLA about renewing tax in the months since you sold it (how long ago?) and that maybe you had been too busy with something like an illness or death in the family.

As suggested, talk to citizens advice but be prepared to pay up. You may be able to get the fine/points reduced, but it may take some time.

Good luck.


Offline Luke1981

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Re: oh dear i think im screwed speeding ticket and points!
« Reply #32 on: 31 March 2012, 19:10 »
This is how it works! Letter sent in the post to you asking to furnish the keeper details. If not replied to then a court summons is issued for failing to furnish, again another letter sent informing you!None attendance at court on the first date will usually cause the case to be heard in your absence. You can appeal the conviction but ignorance and forgetfulness is not a defence! If you lose the appeal then the fine will increase!

Sounds harsh but that's the way it is.
MK IV GT TDI 150 PD / MKII CADDY SDI

Offline shelaghmk3gti

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Re: oh dear i think im screwed speeding ticket and points!
« Reply #33 on: 01 April 2012, 08:24 »
There is something not right with all this! To get that level of fine and points you must have had a court summons and not turned up! Found guilty in your absence I think!

yes thats obviously happened as i woudnt have been convicted without a court summons.. i just didnt ever get one :(
im going back t see him tomorrow, im not happy one bit,and CAB is on my list too
thankfully he hasnt 'hit and run'!
all my fault tho i'll never leave the log book behind again!

Gavv8

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Re: oh dear i think im screwed speeding ticket and points!
« Reply #34 on: 01 April 2012, 08:59 »
There is something not right with all this! To get that level of fine and points you must have had a court summons and not turned up! Found guilty in your absence I think!

yes thats obviously happened as i woudnt have been convicted without a court summons.. i just didnt ever get one :(
im going back t see him tomorrow, im not happy one bit,and CAB is on my list too
thankfully he hasnt 'hit and run'!
all my fault tho i'll never leave the log book behind again!
If you can prove that you didn't receive a summons and dependant on how long ago the case was heard in court, you might have a chance to appeal...the C.A.B would know about this otherwise its just another life lesson i'm afraid. :sad:

Offline shelaghmk3gti

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Re: oh dear i think im screwed speeding ticket and points!
« Reply #35 on: 01 April 2012, 09:03 »
yeah thanks, totally agree.. and lesson well and truely learnt!

no idea how id go about proving i didnt get the summons.. do they special post them?( where u have to sign?)

ah anyway, its done and likely i wont get out of it so heres to lessons!

Gavv8

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Re: oh dear i think im screwed speeding ticket and points!
« Reply #36 on: 01 April 2012, 09:11 »
yeah thanks, totally agree.. and lesson well and truely learnt!

no idea how id go about proving i didnt get the summons.. do they special post them?( where u have to sign?)

ah anyway, its done and likely i wont get out of it so heres to lessons!
The court would have a record of when/where they sent the summons and as far as i know they are sent by 'normal' post, but to be honest you would really need a good barrister who specialises in traffic law to sort all this out and if your job depends on having a clean licence or your looking at a ban through 'totting up' then it would be worth it, otherwise it's just a case of taking it on the chin.

Offline shelaghmk3gti

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Re: oh dear i think im screwed speeding ticket and points!
« Reply #37 on: 01 April 2012, 09:18 »
This is how it works! Letter sent in the post to you asking to furnish the keeper details. If not replied to then a court summons is issued for failing to furnish, again another letter sent informing you!None attendance at court on the first date will usually cause the case to be heard in your absence. You can appeal the conviction but ignorance and forgetfulness is not a defence! If you lose the appeal then the fine will increase!

Sounds harsh but that's the way it is.

 but i DID tell them who was the driver  :undecided: maybe they didnt get it, i dont remember reading anything that said keep in touch incase we dont get your reply  :undecided:


how long do these points stick for anyway?

have never had a letter that states that someone else wants to take reg over as keeper.. will call dvla
« Last Edit: 01 April 2012, 09:20 by shelaghmk3gti »

Offline shelaghmk3gti

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Re: oh dear i think im screwed speeding ticket and points!
« Reply #38 on: 01 April 2012, 09:23 »
also.. where do i stand as far as putting my golf in my sons name till this is all sorted.. have dealt with some dirty baliffs  in the past..hes 18 and dosent hold a license .. but like hell are they having it!

Gavv8

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Re: oh dear i think im screwed speeding ticket and points!
« Reply #39 on: 01 April 2012, 09:25 »
Points are 4 years from date of offence and the DVLA would have sent you a letter to tell you that you were no longer the registered keeper..no letter means your name is still on the V5.