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Big Bill

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Everything posted by Big Bill

  1. The regulations allow a private individual up to 28 days to SORN a vehicle. The DVLA must recieve the SORN notice within 28 days. Online notification is best as it is its own receipt. A trader is allowed 3 Months " period of grace" and that has since been waived.
  2. A 2007 model could have been registered before september 2006 thus being assigned an 06 plate. If it registered after September 2006 and before March 2007 it gets a 56 plate and march to August 2007 gets an 07 plate after September 2007 then it should have had a 57 plate. The DVLA's rules overlook the pre September registrations and state that it must get a 56 plate unless you can show that the date of manufacture or the date of first registration in the US, was on or after March 1st 2007. There is no way that you will get an 06 plate unless you know the rules and specifically tell them to do so. This is the usual get-out, in that if you don't tell them it is not their fault. Since it took a specific request under freedom of information act to get a sight of the rules, most people are simply ignorant of the fact that they are comitting an offence, and what is more the records of the DVLA do not contain the information to detect that offence. Now if you obtained a 56 plate when the vehicle should have had on 06 plate by falsifying your application then you will be prosecuted for fraud and could be liable for imprisonment up to two years.
  3. Where an Act authorises or requires any document to be served by post (whether the expression “serve” or the expression “give” or “send” or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post. This bit to my mind says that unless the person being served can prove to the contrary sticking it in the post is sufficient. If it works one way why not the other?
  4. What documentary evidence is there of OWNERSHIP of a vehicle other than the sales rceipt? In the UK the registration document describes you as the keeper, i.e. one who is responsible for its upkeep. Registeration is only to assign the responsibility to pay Vehicle Exise Duty and identify the vehicle.It does not take away in any way any part of the ownership of the vehicle. In the states the Certficate of Title allows you to sell your "Interest" in the vehicle. The state retains the "Ownership " document (Certificate of Origin) which really riles some people and I cannot see why it should.
  5. The assignment of a date related VRM is based on the date it was first registered in the USA. You will note that a 2008 model can be registered in the USA prior to September 2007 because they start deliveries of 2008 models in june/july 2007. This means that a not insignificant proportion of 2008 models which were produced between June and August and registered immediately should have been assigned an 07 plate on importation to the UK, the 57 only starts September 1st. Of course if it is not registered until October 2009 it still gets a 57 plate according to the DVLA rules when it should have been a 59. This kind of confusion caused the DVLA to assign a plate for mine which stopped being issued three and a half months before it was made. This goes for any year of model.
  6. This probably stems from the USA where a NEW vehicle is supplied with a Certificate of Origin (aka MSO or OPENTITLE = OWNERSHIP). This document is handed over by the dealer at registration and a Certificate of Ttle given to the purchaser of the vehicle. The state effectively retains "ownership" whilst the purchaser can sell the Title to the vehicle. If you import a car with a Certificate of Origin it confuses the hell out of the DVLA.
  7. I have been trawling the DVLA regulations on privately importing cars from the USA because we have been in dispute over mine for 7 months. Local Office Transactions Instructions, Chapter 34 under the paragraph Certificate of Title :- a car which has been registered in the USA must be given an pre March VRM from the Model year. e.g. a 2008 model gets a 57 plate. However, a fair proportion of 2008 models are registered before 1st September 2007. This would require an 07 plate to be assigned. Now if you obtain a registration (57) that makes your car appear younger than it is (07) you are comitting a criminal offence. What offence if any is the DVLA comiting when they force you to have one that does just that. Even the usual defence of "we only go on the information prvided" doen't wash in this case. This is part of my complaint which has gone off to the PHSO. Another silly thing, you can appeal to the Secretary of State against the decision of the DVLA based on their inspection of the car, but you must be trying to obtain a new registration for a mini bus that has benn scrapped and subsequently repaired, all other vehicles are disqualified. {Road Vehicles (Registration and Licensing) Regulations 2002 regulation 15 , Schedule 3} Has anyone noticed that the DVLA have collected £15,000,000 selling 6,000,000 names and addresses to the list of companies on the website. Some of these companies are run by known criminals. They also collected £9,000,000 from their premium rate numbers in spite of the fact that premium rate numbers are outlawed in government departments.
  8. Sorry I cannot find the original page. I cannot find the list of names and email addresses at the DfT that I found and used the same day but fortunately I copied them down. I am still pursuing the DVLA over another matter involving my MUstang and will let you know the result when it is all over. The practice in the states is that your Certificate of Origin (or Open Title which certifies your ownership of the vehicle) is handed in on first registration and replaced by a Certificate of Title. In doing so the State retains an interest in the vehicle, much to the annoyance of everyone. The Certificate of Title shows the "Owner" on the rear and any outstanding loans on the front. Why couldn't we have that here? The Registration Document here only shows the keeper. Ostensibly this is done so that the person actually looking after the vehicle is the one named on the Log Book but really it must be so that the rental, fleet hire, lease hire and other companies can disguise their ownership of the car. My Bora was ex lease hire and I wonder how many other venicle had the same lady keeper as it had. I have never heard of a car coming into auction with AVIS as the keeper.
  9. Something else appeared whilst trawling:- Her Majesties Court Service accept that two days after posting by first class post is "evidence of serving". try that on the SORN lost letters
  10. Have not been online for some time sorry for the delay. The confusion is mine I have never really looked at the new V5, the last car that I sold, you tore off the little Green bit filled in the new keeper's details and sent that to the DVLA. The new owner then kept the major bit of the V5. I see now that you send the new V5 more or less in total to the DVLA. However, it is then obvious that the Registered Keeper is responsible for all fines parking charges and penalties until the DVLA Change the details of the registered keeper from the V5. The private individual has no "Period of Grace" whereas the trader has a "three month period of grace" which has since been vaived according to the ammendment that I read and this applies to SORN as well. So the cutting down on vehcle crime reason for continuous registration does not apply to the cars on traders forecourts. I am still battling with the DVLA its benn ongoing for 7 months now and I have just taken it up to the SoS for appeal will let you know all about it when I win.
  11. While looking up the Vehicle Excise Duty regulations I came across the minutes of a meeting of a committe that is introducing new measures to combat "Vehicle Crime". This will be used to deny the claim that the offence happened after I sold it. When you quite correctly send off the V5C to the DVLA telling them the name and address of the new keeper. you as the previous keeper are responsible for all Parking Charges, Fines and penalties until the new Keeper completes the rest of V5 and submits it to the DVLA even if the intermediate keeper is a trader because they are exempt from changing the vehicles keepership to themselves. I supose that means that if 10 red light cameras and 20 Gatso's are triggered you get banned for life and if the car is dumped on private property you incurr enormous clamping charges. So look forward to being sent penalty notices by the dozen and having DCA's call for parking charges that you will be required to pay by statute. It effectively means that you cannot sell a car privately that is SORN'd because the moment it leaves your driveway the debts start acruing.
  12. The following defines the statutory requirements for Change of keeper Change of keeper: registration document issued in Great Britain on or after 24th March 1997 and the new keeper not a vehicle trader 22. - (1) This regulation applies where - (a) there is a change in the keeper of a vehicle; (b) a vehicle registration document has been issued in respect of the vehicle in Great Britain on or after 24th March 1997; and © the new keeper is not a vehicle trader. (2) The registered keeper of the vehicle - (a) if the registration document issued in respect of the vehicle is in his possession, shall deliver to the new keeper that part of the document marked as the part which is to be given to the new keeper; and (b) shall forthwith deliver the remainder of the registration document to the Secretary of State, duly completed to include the following - (i) the name and address of the new keeper; (ii) the date on which the vehicle was sold or transferred to the new keeper; (iii) a declaration signed by the registered keeper that the details given in accordance with paragraph (i) are correct to the best of his knowledge and that the details given in accordance with paragraph (ii) are correct; and (iv) a declaration signed by the new keeper that the details given in accordance with paragraphs (i) and (ii) are correct. Change of keeper: obligations of registered keeper where vehicle registration document issued in Great Britain on or after 24th March 1997 and the new keeper a vehicle trader 23. - (1) Subject to regulation 24, this regulation applies where - (a) there is a change in the keeper of a vehicle; (b) the person disposing of the vehicle is the registered keeper; © a vehicle registration document has been issued in respect of the vehicle in Great Britain on or after 24th March 1997; and (d) the new keeper is a vehicle trader. (2) The registered keeper shall forthwith notify the Secretary of State, on that part of the registration document which relates to the transfer to a vehicle trader, or otherwise in writing, of the following - (a) the name and address of the vehicle trader; (b) the date on which the vehicle was transferred to the vehicle trader; © a declaration signed by the registered keeper that he transferred the vehicle to the vehicle trader on the date specified in accordance with sub-paragraph (b); and (d) a declaration signed by the vehicle trader that the vehicle was transferred to him on the date specified in accordance with sub-paragraph (b). (3) If the registration document issued in respect of the vehicle is in his possession, the registered keeper shall deliver to the vehicle trader those parts of it not required to be sent to the Secretary of State under paragraph (2). Change of keeper: obligations of vehicle traders where registration document issued in Great Britain on or after 24 March 1997 24. - (1) This regulation applies where a vehicle trader becomes the keeper of a vehicle in respect of which a vehicle registration document has been issued in Great Britain on or after 24 March 1997. (2) Where this regulation applies the vehicle trader shall, on or before the appropriate date and on that part of the registration document which relates to a change of keeper or otherwise in writing, notify the Secretary of State as to - (a) the transfer of the vehicle to him; and (b) the date on which he became the keeper of the vehicle. (3) For the purposes of paragraph (2) the appropriate date is whichever is the earliest of - (a) the day on which the vehicle trader first uses, or permits the use of, the vehicle on a public road otherwise than under a trade licence; (b) the day on which he first keeps the vehicle on such a road; © the day immediately following the expiration of the period of three months ("the three months period of grace") beginning with the day after the date on which the vehicle was last kept by a person who was not a vehicle trader. (4) Where this regulation applies and the vehicle trader transfers the vehicle to another vehicle trader before the expiration of the three months period of grace, he shall give to the new keeper any part of the registration document in his possession. (5) Where the vehicle trader transfers the vehicle to another person in a case not falling within paragraph (4), he shall - (a) forthwith deliver to the Secretary of State, on that part of the registration document which relates to the change of keeper or otherwise in writing, the following - (i) the name and address of the new keeper; (ii) the date on which the vehicle was transferred to the new keeper; (iii) a declaration signed by the registered keeper that the details given in accordance with paragraph (i) are correct to the best of his knowledge and that the details given in accordance with paragraph (ii) are correct; and (iv) a declaration signed by the new keeper that the details given in accordance with paragraphs (i) and (ii) are correct; and (b) if the registration document issued in respect of the vehicle is in his possession, deliver to the new keeper those parts of it not required to be sent to the Secretary of State under sub-paragraph (a). The crucial words are "Forthwith Deliver" In my opinion (but it is only my opinion and has never been tested in a court of law) this is to take reasonable steps to ensure that it is delivered. Posting the V5C is sufficient. There is no statutory requirement on you to ensure that it is delivered by the Post Office and not lost after delivery. An argument often used by the DVLA when the boot is on the other foot. From the VED regulations:- (6) For the purposes of subsection (5)(b) notice may be given to a person by— (a) delivering it to him, (b) leaving it at his proper address, or © sending it to him by post; and for the purposes of this subsection, and of section 7 of the [1978 c. 30.] Interpretation Act 1978 in its application to this subsection, the proper address of a person is his latest address as known to the Secretary of State.
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