DVLA Fine - Please Help

[jotom]

Hi... I purchased a new car from a garage earlier this year and part exchanged my old one. I sent off the relevant part of my vehicle registration document and the garage sent off their bit. I got a letter from DVLA a couple of weeks ago saying that I had not taxed my old car and there was a fine of £80. They said that if the car was no longer mine then I should send off proof of the letter they sent me?? I was not aware that when I sent off my part of the registration document that I should receive a letter from DVLA, all this is new to me. I just presumed that once I sent my bit off that was it. I filled out the releavant form stating that I no longer owned the car and I had definately sent off the my bit of the registration document but had nothing back in return. I have now had another letter saying that the fine stands and I have until the 14th to pay £40 or after this it will increase to £80, should I pay it? As far as I am concerned I did my bit, if they didn't receive it their end or lost it then I do not see why I should be held responisble. Any advise would be much appreciated as I really do not know where I stand on this matter.
Thanks
Jo

[patdavies]

Normally, when a vehicle changes hands, both parties sign the V5C. The new keeper retains Section 10 (green part) and the rest of the document is sent to the DVLA. They then issue a new V5C to the new keeper and a letter of notification of disposal to the old keeper.

However, when you are dealing with a motor trader, the situation is different - as a trader is not required to register the vehicle is his name. So you complete Section 9 (yellow section) and send that to the DVLA; who should then send you the notification of disposal letter. The trader retains the remainder of the original V5C until he disposes of the car.

Although the V5C refers to a letter of disposal and requires the old keeper to contact them (on an expensive 0870 number) I can find no basis for this in either statute or regulation. The law requires no more than you notify the DVLA; as do the regulations

The Road Vehicles (Registration and Licensing) Regulations 2002

Notification of a change of the keeper's name or address
18. - (1) If the registered keeper of a vehicle changes his name or his address, he shall forthwith notify the new name or address to the Secretary of State and, except where the registration document has been lost, stolen or destroyed, shall deliver the registration document to him.

(2) On receiving notification in accordance with paragraph (1) the Secretary of State shall, subject to regulation 15, -

• (a) record the alteration in the register, and
  
  (b) in the case of a vehicle registered in the GB records, send to the registered keeper a new registration document showing the new name or address or, in the case of a vehicle registered in the NI records, return the registration document to the registered keeper amended to show the new name or address or send him a new registration document showing that information.

I should therefore be sufficient that you inform them of the change of keepership using the appropriate part of the V5C.

It helps if you can prove it! Can the dealer not help? It's no skin off his nose as he is not required to maintain either continuous registration or VED/SORN