Driving With No Insurance Charge

[Lylou210]

Hi
I have today had a court summons for driving with no insurance. This offence is said to have happened in January 2018, when I, in fact, sold the vehicle in October 2017 (to a scrap merchants so I’d be surprised if the vehicle was even on the road) I know realise that, although I sent the paperwork to the dvla, unless they send an acknowledgment back then they claim they never received it and so the vehicle was still registered to me. I have been driving for 16 years and never had any motoring offences and still have a copy of my receipt from the scrap merchants and a copy of my certificate of insurance for my new vehicle to prove I was insured on another vehicle at the time of the offence. The court date is just 2 weeks before I am due to give birth, so I would really do without the stress. Does anyone know what could happen in court? Thanks in advance

[Canary42]

///Why is the law an ass in this case, Canary?///

I would have thought that was obvious. Prosecuting Lylou for not insuring a car after she's sent it to the scrapyard.

[fiction-factory]

Canary-they are prosecuting her because the DVLA record does not show the change.
Hymie- i think we have established the car hasn;t been picked up being driven. But you are right- to me it's essential to notify DVLA (again) and wait for confirmation

[New Judge]

"I would have thought that was obvious. Prosecuting Lylou for not insuring a car after she's sent it to the scrapyard."

But they will say (and they could be right, who knows?) that they did not know she had sent it to the scrapyard. For the legislation to be effective it must contain such provisions as this (i.e. the responsibility lies with the Registered keeper to show they informed the DVLA). If it didn't it would be useless because anybody facing such an allegation can simply say "I sold it, guv, and I told you I did".

In fact this particular piece of legislation is more generous than most "strict liability" offences in that it does provide those facing allegations with an escape clause as I have described.