DVLA - Help needed - Continuous Registratin

supersap · 31st July 2007, 08:33

Please can somebody offer any advice.

We part exchanged our car back in December and sent off the tax disc and the log book to DVLA. They in turn sent us back a cheque of the refund of the tax but nothing else. We did not chase them for the confirmation letter.

We have subsequently received a Late Licensing Penalty for failling to tax the car in January.

We have written to them a couple of times explaining the situation and providing the Used Car Part Exchange Invoice that we were no longer the owners of the car, but they are still refusing to budge and say we must pay the fine.

I don't understand why we must pay the fine if they haven't done their job. They obviously got our forms because the refunded the tax but didn't apply the change in ownership.

Admittedly we did not chase for the confirmation letter but this is not against the law, however they are now stating that under the Continuous Registration the registered keeper is responsible until they have a receipt from DVLA acknowledging their disposal notification. So if they don't send it out or you don't get it you can be fined.

Sorry it's long winded but I'm getting really frustrated and I'm thinking about just rolling over and paying the £80 but the principal is wrong.

Rob S · 31st July 2007, 09:10

When you part-exchanged your car did you retain the tear off slip from your registration document and send it to DVLA?

buzby · 31st July 2007, 10:08

There is a possibility that the V5 slip got lost in the process of arranging the refund. Reply to the Letter, providing a copy of the letter they sent with the refund, you need to explain that as far as you were aware that receipt of the tax disc refund was confirmation you were also no longer the RK. (It isn't, but you wouldn't have known that). They'll probably realise this and waive the charge.

supersap · 31st July 2007, 10:40

thanks for all your help. i've just spent 30mins on the phone,trying so say about the tax refund letter but they would not budge. There argument was that If I'd sent it by recorded delivery they would have lodged all the contents. When I said you don't say that on any form. They did not have a response.

In the end I caved in and paid the fine. I'm a law abiding person and could not have the thought of this hanging over me. Although I did get them to record the fact that I did not agree with the fine and was paying it under protest. (For what it's worth).

buzby · 31st July 2007, 12:19

Shame you did this, as you've effectively rolled over and paid when the rest of us have been prepared to take them to court. It was on the very issue of a requirement (not) to send correspondence by Recorded Delivery that provided their undoing in my case. Even with your refund, the DVLA knew you had disposed of the vehicle. I'm afraid you've just made it easy for them to bully others.

Rob S · 31st July 2007, 12:40

Quote:

Originally Posted by buzby

I'm afraid you've just made it easy for them to bully others.

That's very harsh on the OP to say that and it wasn't necessary for you to say it.

buzby · 31st July 2007, 12:44

Thank you for your input. As for being 'harsh' it is a total surrender to the DVLA, it's called 'stating the obvious'. However, since you've initiated this exchange, the OP had already stated the V5 had been sent to the DVLA, what was your purpose in asking the same question again?

supersap · 31st July 2007, 13:14

I understand your point Busby but I felt after 7 months of wrangling and the conversation this morning I felt I had taken it as far as I could without wasting more of my time and potentially costing me more than the £80. I've learnt my lesson with dealing with the DVLA.

Send everything recorded
Phone on a regular basis to check progress and don't assume anything.

Rob S · 31st July 2007, 13:46

Quote:

Originally Posted by buzby

Thank you for your input. As for being 'harsh' it is a total surrender to the DVLA, it's called 'stating the obvious'. However, since you've initiated this exchange, the OP had already stated the V5 had been sent to the DVLA, what was your purpose in asking the same question again?

The OP was probably not feeling too good about the situation and you making the above comment was unnecesary in the circumstances. Still, it's further evidence (not that any was needed) of the type of person that you are.

buzby · 31st July 2007, 15:23

Quote:

Originally Posted by Rob S

The OP was probably not feeling too good about the situation and you making the above comment was unnecessary in the circumstances. Still, it's further evidence (not that any was needed) of the type of person that you are.

What more insults? Can't you do anything more useful with your posts? We do not need these 'side' comments that are not germane to the principal thread. I fought the DVLA and won fair and square for stupid and unfair rule that penalises innocent motorists like the OP. He was bullied into submission, and I was pointing out that the DVLA will see how many fight their corner and how many roll over in establishing their future policy. What YOU think of my views is of no interest to me, and your constant harping shows the type of person YOU are. I do not need you to be judge and jury on my postings, please take your concerns to the Bear Garden where they belong, if I can be bothered I might respond.

buzby · 31st July 2007, 15:31

Quote:

Originally Posted by supersap

I understand your point Busby but I felt after 7 months of wrangling and the conversation this morning I felt I had taken it as far as I could without wasting more of my time and potentially costing me more than the £80. I've learnt my lesson with dealing with the DVLA..

I can appreciate you can feel vulnerable to the unstoppable machine that is the DVLA. But bullies need to be stopped. The whole point of this site is to provide help and a bit of back-up. Given your circumstances you were in a better position than most, having had your refund proving the V5 slip HAD to have been received by them (if they got one, they got the other). As you'll note from other threads here, they have fouled up MANY times, get if you're of feint heart they just take your money. To me that's demanding money with menaces, and they deserve all they get - but that doesn't extend to paying them a figure they pulled out the air. So they still think you're the RK of this vehicle? If not, how/when did this change?

If you've the strength to fight, write to the DVLA, saying you were coerced into making the payment despite them being sent the V5 slip and tax disc. You give them 28 days to make good this wrongdoing or you will be forced to raise a Small Claims action for the money paid to be returned to you. It'll probably not come to that - but they're quick enough to chase you the same way, they should be treated in exactly the same way!

Rob S · 31st July 2007, 16:20

Trojan1401 · 1st August 2007, 01:28

Supersap

Have to agree with Buzby, go after them & get your money back.

Trojan

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