Scrapped a car and being asked to pay LLP

[dvlahater]

Really hoping you guys here can help me.

 

In September last year I had to scrap a car so had it taken to a scrapyard who are also an Authorised Treatment Facility. They asked for the V5C in full, and said it was then their duty to inform the DVLA. They then said I would receive a confirmation letter "in a few weeks".

 

I left it a week or so, then sent my tax disc for a refund. About 2 weeks later I received my cheque, and you guessed it, the confirmation never arrived.

 

What DID arrive about 3 months later was a Late Licence Penalty. So I wrote back to the DVLA explaining it had been scrapped, and that the documentation had been returned (note: NOT that I sent it).

 

I've had a reply from DVLA enforcement insisting that I am still liable for the fine, reminding me that if I don't receive the confirmation it is "a matter for me to pursue".

 

Any ideas where I can go from here?

[crem]

There is no legal requirement for them to send an acknowledgement, and likewise no legal requirement for you to pursue the absence of this letter.

 

Refer them again to the "authorised treatment facility" who must have kept records of the disposal.

[dvlahater]

There is no legal requirement for them to send an acknowledgement, and likewise no legal requirement for you to pursue the absence of this letter.

.

 

I have seen this line quoted on the site a few times. Has it been proven to be the case? Has it been used in court?

 

Was I right to hand in the V5C in full? The scrapyard refused to take the car without it. Does giving them the V5 then make me no longer liable?

[crem]

Well your case is slightly different to the norm as you are confirming that you didn't actually notify the DVLA because you were led to believe (rightly or wrongly) that the scrapping agent legally has to notify them.

 

Check out this fact for yourself, and if it is correct, try to establish that the scrap agent has a record. (I guess you didn't keep your receipt).

 

As far as I can see as well, you should have received a Certificate of Destruction from the agent, did you? If so, where have you kept it?

 

Environment Agency - ELVs - Authorised Treatment Facilities Public Register List

[dvlahater]

Well your case is slightly different to the norm as you are confirming that you didn't actually notify the DVLA because you were led to believe (rightly or wrongly) that the scrapping agent legally has to notify them.

 

Check out this fact for yourself, and if it is correct, try to establish that the scrap agent has a record. (I guess you didn't keep your receipt).

 

As far as I can see as well, you should have received a Certificate of Destruction from the agent, did you? If so, where have you kept it?

 

Environment Agency - ELVs - Authorised Treatment Facilities Public Register List

 

How/where could I check this fact? I have not seen any reference to it anywhere. I can tell you though that the agent my car taken to is listed on the register you link to.

 

I can tell you however that the scrap agent in question do have it on record. But they did not issue me with a Certificate of Destruction, and I no longer have the receipt.

 

Edit: It appears that the Certificate of Destruction is my only proof and defence in this instance. Unfortunately as I was not issued one I suspect I am still liable, and I do not know if it can be issued at a later date. I don't think I'm going to win this one.

Edited April 20, 2009 by dvlahater

[crem]

 

Edit: It appears that the Certificate of Destruction is my only proof and defence in this instance. Unfortunately as I was not issued one I suspect I am still liable, and I do not know if it can be issued at a later date. I don't think I'm going to win this one.

 

 

If it is an authorised agent I would hope they keep accurate records and may therefore be willing to reproduce the date and confirmation of destruction. Might be worth trying to get hold of that first which may appease the DVLA before then asking them why they haven't notified the DVLA on your behalf. (Better not to ask them that second question up front in case it discourages them from giving you a copy CoD )

[gwc1000]

In these circumstances, as you are not personally dismantling the vehicle, you should have sent DVLA the yellow slip from the V5 with the name and address of the dismantler on it. You were technically selling the vehicle into the motor trade.

[dvlahater]

If it is an authorised agent I would hope they keep accurate records and may therefore be willing to reproduce the date and confirmation of destruction. Might be worth trying to get hold of that first which may appease the DVLA before then asking them why they haven't notified the DVLA on your behalf.)

 

I'll be contacting the ATF again regarding this in the next day or so.

 

In these circumstances, as you are not personally dismantling the vehicle, you should have sent DVLA the yellow slip from the V5 with the name and address of the dismantler on it. You were technically selling the vehicle into the motor trade.

 

Seems you only have to do this if you are not issued with a certificate of destruction, which includes me. As above, I'll contact them ASAP to find out (1) why I wasn't issued with a certificate (2) if I can retrospectively be given a certificate and (3) why they haven't informed the DVLA

[crem]

Seems you only have to do this if you are not issued with a certificate of destruction, which includes me. As above, I'll contact them ASAP to find out (1) why I wasn't issued with a certificate (2) if I can retrospectively be given a certificate and (3) why they haven't informed the DVLA

 

 

Like I said, I'd be careful with your point 3 until they sort out points 1 and 2 for you. You don't want to risk getting their backs up before you get hold of a copy certificate.

[gwc1000]

I'll be contacting the ATF again regarding this in the next day or so.

 

 

 

Seems you only have to do this if you are not issued with a certificate of destruction, which includes me. As above, I'll contact them ASAP to find out (1) why I wasn't issued with a certificate (2) if I can retrospectively be given a certificate and (3) why they haven't informed the DVLA

 

Not 100% sure that I agree. When selling the vehicle to the scrapyard I would say that you are still liable to inform DVLA even if given a certificate. Sometimes we weigh in some part exchanges, and I always send off the yellow slip.