I am being taken tl court by dvla...will i get a criminal record if found guilty???

[Emmab191]

Hi there,
I sold my car last year without the log book as i had lost it.
The new owner had no problem with applying for a new one himself...all was fine, a few months later i received a letter from dvla informing me that someone had apllied for log book of my old car and to confirm that i sold it...of i didnt repky within 21days i would be fined.
I replied to the letter. Then another few months later i have recieved a summons to court next month.
I am a single mother and a student, i cant afford a fine and also have no child care to even go to court. I would prefer to plea guilty if it means a £30 fine and not have to go to court but wont do this if i will be left with a criminal record.
I would rather go to court and plead my case but i cant afford legal advice nor chold care and am worried that i will plead not guilty be found guilty and get an even bigger fine.
So my main worry is will i be left with a criminal record??
I am sooo confused! Hope someone can help me! :)
Thanks
Emma

[pink-kittens]

Perhaps because DVLA didn't, or say they didn't, receive the letter ED? It happens such a lot

If DVLA think she is trying to get out of paying the tax on it?

http://www.direct.gov...ngAVehicle/DG_4022403

And the op should have also odne this
"If you don't have a registration certificate you can still inform DVLA that you no longer have the vehicle. In order to do this you must write to DVLA, Swansea, SA99 1AR quoting the vehicle registration mark, make and model, exact date of sale and name and address of the new keeper." Which she didn't

[pink-kittens]

because of this
"However, you should note that DVLA records wouldn’t be complete until the new keeper tells DVLA in writing. Until they do, the police may need to contact you if they have to make enquiries about the vehicle."

[boxtops]

I don't understand what you are being summonsed for - what do they say is the offence?

[bednobs]

By the way, if i've read this right i doubt "pleading your case" in court will make much difference except result in a larger fine/costs.
Have they actually given you th option of a £30 fine? If so, snap it up!

[chas2008]

http://www.theanswerb...w/Question447322.html

[Emmab191]

Theyre taking me to ciurt for not inromong of a sale of vehicle but ovviously i replied to their first letter and thought nothing of it.
Havent offered me any fines but i heard £80 is maximum sonif i plead guilty oit of court i will get lower fine?
Its completly ridiculous if you ask me. All im concerned with is being left eith a record over something so silly lol
Thanka for your answers!

[hc4361]

You won't get a criminal record.

[pink-kittens]

But DVLA didn't get the letter and is not their job to chase you it is your job to ensure they got it

It is not completely ridiculous at all. If you read the links you will find out why it isn't. And it is because of exactly this sort of situation the rules were implemented in the first place. What would have happened if your old car had been used for a burlary or hit and run? This is exactly why you should have followed up with a call or sent the first letter Recorded/signed for delivery


There will be free legal advice in the courts, ask when you get there or is there information on the summons that could help you avoid going such as to pay a fine now?

[bednobs]

i'm sure if you go to court they add on costs and such, but it sounds like you have to go anyway if they haven't offered you to pay

[New Judge]

Failure to notify the DVLA of change of ownership is NOT a civil matter. It is an offence under The Road Vehicles (Registration and Licensing) Regulations 2002 and attracts a maximum fine of £1,000. If you are convicted (either by pleading guilty by post to a court, or pleading guilty in person in court or by being found guilty following a trial in court) it will be recorded as a criminal conviction. If you are offered and accept a fixed penalty no conviction is recorded (only a court can “convict”).

Contrary to pink-kittens’ advice free legal advice for motoring matters is not available at the Magistrates’ court. If convicted by magistrates their sentencing guidelines suggest a fine of half a week’s net income (reduced by a third if you plead guilty). You will also be liable to pay prosecution costs (probably about £80) and a £15 Victim Surcharge. I’m not sure whether the DVLA offer fixed penalties for this offence or if they have offered one to you in this case as you do not make it clear.

As outlined by the earlier answer to which chas2008 refers the definition of a “criminal record” is not clear. However, if you are convicted in court the matter will be recorded on your driving record by the DVLA.

[Emmab191]

Thanks new judge. I have no issues with it being on my driving record i just dont want to end up with it coming up on a crb check.
I dont have the time or child care to go to court and pleading guilty through post is just an easier way to sort it out.
So i guess my real q is will it show on crb check

[Emmab191]

Pink kittens do you work for dvla or something you seem a bit angry that i said it was ridiculous...it is ridiculius that i am being taken to court when i did reply to them. Did not say the rules of dvla were ridiuclous. Asked for advice not a lecture thanks.

[pink-kittens]

Sorry Newjudge, I didn't realise free legal advice doesnt include motoring matters

OP, who I amy or may not work for is irrelevant but I consider the fact that you find it ridiulous, ridiculous given that you may well end up with a criminal record

If you had read the link given by chas2008 you will have had the answer to your real question.

[Emmab191]

The link says the man has 3 points not the same. All drivin convictions seem to be different.

[DosAmigos]

Go to the Citizen's Advice Bureau. They are very good and will help you.

[Emmab191]

Yeah im gona check citizens advice thanks! X

Think there are some busy bodies on here that answer q's not having a clue what the answer is lol

[ojread2]

CAB are as much use as a wet tissue when it comes to motoring offences, believe me I tried them.
The link to the other thread on here shows you that no one can can tell you an exact answer. The CRB can include things where people haven't even been convicted or arrested as we read here on a regular basis, so the likelihood of of your actual conviction once convicted showing is, well, no one can tell you. I can tell you that my driving offence didn't show on my last enhanced CRB however, it may show on any others I have to have

DVLA will say you didn't inform them so accept that and move on from there as if you hadn't replied then you will have something to work.
Go to a solicitor who deals with motoring offences
If you can, plead guilty by post. You can pay any fine and costs on a weekly/monthly basis. You should have received in incomings and outgoings form with your summons.

Coming here and being rude when people are trying to help you will not get you anywhere really, will it? You were given links which you quite obviously haven't looked at or you would have been able see what could happen. That happens a lot here – people want a particular answer and when they don’t get that answer they get rude and call people names.

So, the answer to your real question is 'No one can tell you for certain 100% if it will show up' and you will have to find the time and childcare to go to court unless you can plead guilty by post, simple

[boxtops]

This is one example where the use of a recorded delivery or registered letter, when you sent the reply to DVLA, really would have been useful to prove they received it. It's too late now though - did you keep a copy of the reply to DVLA, which might at least help to show that you filled in the form? Pleading guilty if you are not seems to me not to be the right thing to do. How about you ring a solicitor and ask if you can have a free half-hour appointment? many of them seem to offer that service these days.

[ojread2]

just reading through one of the links provided and there is a very clear sentence that says

"Once you have informed DVLA, you will receive an automatic acknowledgement letter, within four weeks, confirming the discharge of liability for your vehicle. Please allow four weeks to receive the letter before contacting the DVLA."

Anyway, GL and it may be useful to others if you let AB users know what happened to you in the end