wrx-kris

Right,

IN September '05 I bought a crappy old Mondeo estate with 1 month T+T for £100 out of the loot which I planned on using for a couple of weeks while I found a decent car (stop gap)

When I bought it, we (me and the owner) filled out the log book and I got the V5c new keeper supplement.

I ran it around for a couple of weeks and sold it to a friend for £100 so he could sell it on after the MOT work had been done. As it was taking up space and I wanted shot of it - bit of an eye sore....
I said take it, we'll sort the log book out when it comes (very very stupid, I know!)

2 days later the log book turned up and the car was ready for sale (you know where this is going )
So I gave him the log book, unfilled to make it easier cos he said he had somebody interested in it.

I heard nothing after that he said that the log book was filled out, he sent it and that was that (which was good enough for me.)

Months later I got a parking ticket which I gave to him and questioned him about the log book - that got sorted.
But a few weeks ago I got a summons through the door NIP 67mph in a 50 zone (which IMO is just taking the ****).
Absolutely fuming I sent it with his details on and waited to see what happened. Then today I got a trial date (2 in fact) both courts are in Suffolk which is a 500 round trip a time. I called the court and after a bit of chit chat I managed to make it just 1 day.
I do have to go to this trial cos if I don't I'll be found guilty .

The offence was on Friday 3rd November '06, at 7:30pm. I was with the missus going to Sheffield from Manchester (left about 8-9pm) but before that we dropped the kids at her mothers house, so could not possibly have been me.

What should I do?

Luminous

iTrader: (3)

Go to court and prove your innocence. Remember in this country you are guilty until you prove otherwise.

It is time to have a chat with your mate though. There are offences you have committed if you sell a car without filling in the logbook. Perhaps you both remember filling it out, and then it was lost in the post? Have a think about that one.

Insurance? Did you cancel insurance or do anything that kind of proves you no longer drove the car?

Photographic evidence? Ask for them to produce it, I don't know how or when you do this. Make damn sure you see all the evidence they have so that you can point out to them that you were not the driver.

Receipts. Try and find a receipt that puts you somewhere else in the country at the time. Failing that find a receipt that puts you so far away somewhere else in the country that you would not have time to get to Suffolk.

Witnesses? Ask for statements, or maybe even ask them to come along with you.

I have no idea what costs they will pay if you are found innocent. The system stinks. If you get witnesses to go, expect to foot the bill

Oh, PePiPoo: Helping the motorist to get justice is the place for all things legal with regards to motoring. LOADS of free information.

fivetide

iTrader: (1)

For the reciept get something signed by your mate to say you sold him the car. Not your problem. V5 lost in the post.

speak to citizen's advice.

5t.

4X4BOB

Place a fully charged (but turned off) mobile phone, wrapped inside a condom, inside your rear end before going into court - It'll make you a rich / popular inmate when you get sent down!

What size phone you use depends how kinky you are

Alternatively an ounce of soap bar (not actual soap ) would be easier to plug and make you more.



On a more serious note, as long as you have some kind of proof, you should be ok. A couple of sworn statements wouldn't go a miss.


Been in a similar (ish) situation, the judge threw it out of court and awarded me £250 for personal expenses and loss of earnings which I thought fair. Well actually I was so relieved it was sorted out that I would have been happy with 25p!

fatherpierre

What's your 'mate' said?

If he is honest then get him to write a statement and sort out a receipt with you.

wrx-kris

Thanks guy's.

Luminous - maybe just maybe, it did get "lost in the post"

fivetide & 4X4BOB - I might just drag the barsteward to court with me.

fatherpierre - He is saying "I can't remember mate"

I know it's going to be inconvenient going but I could do without the 3 points TBH

simonbb1328

In this case it is up to you to prove that you were not driving... ie any reciepts of any shopping, petrol etc that would put you in a different place. Family cant really be good as independant witnesses or allybis.
At the extreme did you get any phone calls on a mobile phone that is registered to you? Phone companies can trace them within I believe a 500yard radious but that is at a push.
Failing that a good old friendly chat with your mate??? should work

Dazza01

Must learn to read all the post before replying

RUDDY

this happend to me except i had 6 speeding tickets and 3 parking tickets! i was bloody scared i tell ya! i rang up the dvla and they sent me a form i had to fill in stating i sold the car and were too! next few nights i had a phone call saying some black lads were thrashing my car around! i said id sold it to them and so the police took him in questioned him and done him for all the speeding offences! I NEVER HEARD ANOTHER WORD AND THAT WAS LIKE 3-4 YEARS AGO! now go get a form and learn from your mistake! i know have lol!

girl-in-a-scoob

Happened to us. We got a NIP for a car we had sold, and the car was being used in London. Sent DVLA a letter confirming we had sold the car and the date we had and never heard anything again about it, that was 3 years ago.

wrx-kris

***UPDATE***

I spoke to the court today and they said they were satisfied I was not the actual owner or driver of the vehicle at the time BUT they do want me to pull my pants down for not returning the NIP (which the missus and my little lad defo posted)

They went on to say, if it gets thrown out I can apply for costs (expenses) don't know how much they will give me, if anything......

spireite

happened to me recently . you need to send a letter to dvla explaining to them you was not the owner at time of offence .then get in touch with your local magistrates court where you can make a formal decloration .