I'm hoping that someone can give a bit of advice that I can pass on to a friend who is not very internet savvy.
My friend had an old Honda scooter that was rusting away in his garden for the past 13 years and a mechanic friend of his asked to take it away and do it up (no payment, it wasn't worth anything). Friend had long since lost any registration documents and mechanic friend thought it wouldn't matter and advised the DVLA would contact him if someone were to try to register the bike.
Months later (and unbeknown to friend) mechanic friend gave the bike to a youngster to learn to ride and youngster applied to register the bike.
Last week friend received a "Requisition" saying:
You are required to appear at [time] on 19/12/2013 at [xxx] MAGISTRATES' COURT ...... to answer to the charge that on the 01/04/2013 at [friend's address] following the change of keeper of a mechanically propelled motor vehicle [reg number] you being the registered keeper of the said vehicle, failed to forthwith deliver notification to the Secretary of State, on the registration document or in writing as required by Regulation 22(2)(b) of the Road Vehicles (Registration and Licensing) regulatinos 2002 and section 59(1) of the Vehicle Excise and Registration Act 1994.
Attached Statement of Witness says
The Secretary of State for Transport has received information from a new keeper that they acquired vehicle registration mark [registration no] on 01/04/2013.
The record shows that the defendant [friend's name and address] has failed on a change of keeper to notify the Secretary of State, forthwith, as required by Regulations 22 to 24 of the Road Vehicles (Registration and Licensing) Regulatinos 2002.
On 17/06/2013 a notice was sent to the defendant requesting information under S46 of the Vehicle Excise and Registration Act 1994 and offering the opportunity to pay an out of court settlement.
A written reply has not been received nor has the notice been returned undelivered by the postal authorities.
My friend did not receive a letter or notice from the DVLA, this charge has appeared out of the blue.
Do you think he should plead guilty anyway? The penalty is very high for someone who gave away a rusty old scooter (up to £1,000 plus a minimum of £90 towards legal costs). What amount of penalty would usually be demanded in these situations?
Would you advise he contacts the DVLA to ask them to re-send the notice they sent in June?
Thanks in advance for any advice and information you can give to help.