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#1
10th September 2014, 01:15 PM
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Legal Help Needed
Hi. Can anyone recommend a lawyer?
It's me vs the DVLA. I disputed a fine regarding having an uninsured car. Only I'd sold the car months earlier, returned the V5 at the time of the sale and the new owner had it covered on his insurance but don't let facts like that get in the way of fleecing a motorist. New owner is an acquaintance so I easily get copies of paperwork / insurance details etc. I disputed it several times and now they've decided to take it to court. Fine by me but I want to be well prepared. There's a thread in the Pistonheads forum Speed, Plod and the Law which goes into greater detail but the crux of it is as stated above. 
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#2
10th September 2014, 02:47 PM
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One question:
Did the new owner get his new V5 document from the DVLA before the disputed 'no insurance' event? If so, you're laughing and I'd defend myself.
__________________
2002 Final Edition S8. Ebony black with Silver Grey leather and myrtle wood trim. Current mods: solar sun roof, 20mm rear spacers, 15 mm on front, red brembo callipers, 6k headlights, rear view camera, engine remap, alloy dash dial rings, alloy navi rings, tt/phaeton pedal upgrade, (and custom matching foot rest) dension ipod interface & parrot hands free kit (both fully hidden), av input, tv in motion switched thro' PF switch in blanking plug right of steering column, Audi 'quattro' sill covers, repositioned centre console switches, radio clock, .Planned mods: auto-dimming rear view mirror, dash cam (as steamship's), fit the ski hatch, refit philips drl's (or maybe not - nope, definitely not - horrible botch!).
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#3
10th September 2014, 03:33 PM
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No. It took 6 months for the DVLA to mark the change. V5 was sent back at the time of sale - it went unprocessed for 6 months for unknown reasons.
My duty was fulfilled when I sent it back and despite the DVLA saying phone us after 4 weeks to chase it up, that has no legal standing and besides I was in the middle of moving house at the time. When the new V5 arrived in August it showed the change of RK as the 28 February which is correct. So from that date on I had no obligation towards the vehicle. In any event, the car was covered by insurance by the new owner from the 28th February onwards and I have documentation to prove it. Words fail me, I can't believe how awkward and stupid the DVLA are.
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#4
10th September 2014, 04:25 PM
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Drop a PM to a chap called Dan on this forum - hes a lawyer based in cheltenham who is happy to help members -
Link to Dans Profile 
__________________
Confidence is the feeling you have before you know better . . . .  Audi A8 D2 3.7 Quattro Sport 1999 FL - Melange 2nd Place Winner - A8-Freunde Annual German Meet 2012 at Edersee 20" x 9" Bentley GTC Wheels with 385mm W12 Front Discs & Bentley Caliper Covers, Front Lowered on Coilovers, Xenons, Combined DRLs and LED Foglights to modified OEM front fog lamp position, Alcantara/Leather, Full Black Alcantara headlining + pillars and blind shelf, Bespoke Flat Bottomed Sports Steering Wheel, Dark Myrtle Wood, Autodim Mirrors, Bose, Blinds, Digital TV, Ski Hatch, Modified rear exhaust section for extra V8 Burble  Audi S8 D2 Final Edition 2002, Avus Silver with Red Leather Interior Tiptronic with Sport mode button, Sony rear entertainment package, Bose sound system, Audi Navigation Plus, 20 inch Final Edition alloys, Full Cat Back Stainless Milltek exhaust, giving a great V8 burble Audi A8L D2 4.2 Petrol with LPG - Ebony Black Audi A8L D4 FL 4.0T Petrol twin turbo - Havana Black Audi A2 1.6 FSi Sport - Dolphin Grey with Votex body kit and Red Leather Interior and some other A8's A8L's and Mercs
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#5
10th September 2014, 04:43 PM
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Do you have a bank statement showing the amount the car sold for going in? If the new owner had insurance from the date of sale then I can’t see how any liability is outstanding.
Just one other thing to remember the V5 form is not proof of ownership.
__________________
1996 A8 4.2 QS. Bose, Solar roof, um...um... rally sport towbar. Now gone to a new home as the Traders 8. Bright yellow bus o love.
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#6
10th September 2014, 05:00 PM
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I sold my Jaguar a few months ago, filled in the form and posted it off to the DVLA. A few weeks later I received confirmation from them the car was no longer in my possession and last month a reminder came through the door that the roadtax was due.
All filed in the bin Nuff said...
__________________
. Nite Blue 3.0L SE Quattro 
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#7
10th September 2014, 05:25 PM
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There is a receipt we both filled in at the time of sale plus a bank statement will show the cheque used to pay me going in.
I don't even know how they picked the 10 June as the date to claim I had no insurance when I'd cancelled my policy on the date of sale in Feb. I hadn't insured the car for over 3 months before they decided to take action. They claim I am liable as at the time of the offence the car was registered to me. This is in spite of the fact that at the time they had the correctly completed V5 to process the change of RK yet did nothing with it for 6 months.
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#8
10th September 2014, 05:29 PM
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Left hand, right, hand, computer says no.
Have you tried the local CAB or your MP's surgery? Se also: https://www.gov.uk/government/organi...ints-procedure
__________________
2003 D2 FL S8. Irish Green Pearl/Beige. Solar sunroof, auto-dim mirrors, electric rear seat functions, ski hatch retrofit; extended leather. Aftermarket DVB-T, reversing camera and full XCarlink (Bluetooth etc.). 2016 Volvo V40 T5 Cross Country (4WD) with ALL the toys including adaptive cruise etc. etc. Osmium Grey with Blonde/Charcoal leather interior. Polestar performance "optimisation". (A much rarer model than a D2 S8 by the way!) Oh, and a brand new engine at just under 30,000 miles on the factory one!  Finally: gone, but not forgotten..... 1998 D2 PF S8. AgateGrey/Platinum. Every option (I think) except electric rear seats, tiptronic steering wheel, ski hatch, towbar & dimming door mirrors. e.g. Cruise control, NavPlus/TV, Bose, GSM, Xenons, Solar roof, Parking sensors, Alcantara/leather everywhere of course. (internal dimming mirror added later)1998 (very early) Ford Focus 1.8 Zetec; ABS/TCS, Heated screen/mirrors, Aircon, Auto-dim mirror, Leather, Trip computer, Cruise control, OEM Ford SatNav with CD changer. And before that a lot of Rover 800s, a few oddities, a lovely Triumph Dolomite 1850HL with Overdrive and way back in my schooldays an Austin Seven aka Mini 850! 
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#10
11th September 2014, 06:39 PM
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Hi all. Thanks for the encouragement.
Now I have copies of the new owners V5 and insurance details, plus a lot of time spent going through similar stories posted on the Pistonheads Forum I'm feeling confident I can take on the DVLA on my own. I'm not the first and I won't be the last but using precedents and arguments used by successful defences to the DVLA's misguided and pig-headed arrogance I think this won't make to court. If it does, the DVLA's case will fall over quicker than a South African sprinter in the prison showers. Can I say that yet?
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