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DIR Return to: Speeding and other criminal offences
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#Post#: 32320--------------------------------------------------
Re: SORN'd car clamped
DIR By: Southpaw82
Date: August 5, 2024, 12:18 pm
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A dead person can’t be prosecuted, so that probably brings that
avenue to an end.
#Post#: 32333--------------------------------------------------
Re: SORN'd car clamped
DIR By: mickR
Date: August 5, 2024, 1:32 pm
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would i be correct in thinking, regardless of an vehicle forming
part of a deceased persons estate, (which may or may not be
subject to probate which could affect any relevant time scales),
DVLA are only interested in the RK and beneficiaries of said
estate are irrelevant?
#Post#: 32376--------------------------------------------------
Re: SORN'd car clamped
DIR By: roythebus
Date: August 6, 2024, 1:48 am
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Legal action is usually dropped against a deceased person.
The reason I know that is because a few years back I was asked
to give evidence against someone accused of a very serious
sexual offence. I heard nothing for a long time and contacted
the police. They told me the action had to be dropped as the
accused had died.
#Post#: 32384--------------------------------------------------
Re: SORN'd car clamped
DIR By: Zebra345
Date: August 6, 2024, 3:41 am
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--- Quote from: slapdash link ---
>
> Presumably now they have died somebody needs some form of
executors powers. Who might that be ?
>
--- End Quote ---
Good question. The estate is intestate so no will and no
Executor. The family are currently still at the
information-gathering stage to ensure the estate is solvent (it
now appears to be) and so no-one has yet applied to be
Administrator.
--- Quote from: slapdash link ---
>
> Regarding the penalty. It is an offer to settle the matter out
of court. (Has a penalty actually been received or was it just
clamped).
>
--- End Quote ---
It's only recently been clamped and there's an offer to settle
the matter out of court.
--- Quote from: slapdash link ---
>
> Not accepting the offer should eventually result in a DVLA
prosecution. But of whom? I would imagine that they would choose
not to proceed when notified.
>
--- End Quote ---
So thanks to the helpful comments here (and particularly
[member=603]facade[/member] for directing me here) it seems the
family can allow the car to be towed, politely decline or simply
ignore any Out of Court Settlement offers and then once DVLA
become aware the RK has passed away they should drop any further
action.
I'll update the thread if/when DVLA respond or if there are any
further developments.
#Post#: 32481--------------------------------------------------
Re: SORN'd car clamped
DIR By: slapdash
Date: August 6, 2024, 12:31 pm
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You could perhaps try something like:-
"I write on behalf of the late X. I note an out of court
settlement offer has been received.
Clearly X is unable to decide whether to accept or decline this
offer. A copy of the death certificate is enclosed".
It might stop the wheels grinding along which could reduce upset
for the family.
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