Dvla Penalty For Car Sold In Dec08

[odezi]

Dear All

 

I sold my car in December in 2008 and as far as I am aware I sent DVLA all the information required. As I didn't hear anything from them I assumed all was fine until I received correspondence from them that my car did not have any tax and I needed to purchase one. They also fined me. I sent them a letter informing them that the car was sold in December and also nsent them confirmation of the sale. The replied and confirmed the fine of £40 and said it had to be paid by a certain time or the fine will be increased. They have now sent a letter increasing the fine to £80.

 

I would like some advice on the best way to proceed with the DVLA from anyone that has experienced this from them before.

 

Many thanks

 

Graham

[patdavies]

Dear All

 

I sold my car in December in 2008 and as far as I am aware I sent DVLA all the information required. As I didn't hear anything from them I assumed all was fine until I received correspondence from them that my car did not have any tax and I needed to purchase one. They also fined me. I sent them a letter informing them that the car was sold in December and also nsent them confirmation of the sale. The replied and confirmed the fine of £40 and said it had to be paid by a certain time or the fine will be increased. They have now sent a letter increasing the fine to £80.

 

I would like some advice on the best way to proceed with the DVLA from anyone that has experienced this from them before.

 

Many thanks

 

Graham

 

I would start be reading through other threads in this section; you will find the answer there.

[odezi]

Still getting harrassed by Moorcroft about this fine. They have sent me letter from their precourt division and also called me to pay and if I do not they will commence legal proceedings. They also claimed that after selling the car I should have asked for a refund of my road tax, that is the way DVLA will know I have sold it. I told them that the tax had 2 days left and as far as I was aware, all I needed to do was send V5C, which I did. Moorcroft are becoming a real pain, real pain.

[patdavies]

SThey also claimed that after selling the car I should have asked for a refund of my road tax, that is the way DVLA will know I have sold it.

 

Utter b*llocks!

 

There is

 

a) no requirement to surrender the tax disk when selling a car, and

b) such surrender does not notify DVLA that a vehicle has been sold

 

The only way to notify a change of keeper is to send the updates V5C to DVLA, obtaining proof of postage.

[odezi]

Unfortunately I sent it by normal post. I am planning to write to DVLA again about this and also complain about the harrassment by Moorcroft. They have called twice this week and also left one message.

[buzby]

They're chasing a debt - it won't be 'harassment' just misguided!

[gwc1000]

odezi, when you write to DVLA simply state that you deny all allegations and insist that the matter be decided in Court.

[odezi]

I have been looking through the letters from DVLA and I am a little confused. I received a letter in April confirming that the late penalty notice was valid. This was in reply to my letter informing them that I was disputing the charge. At the beginning of May they sent me an acknowledgement letter that I was no longer the registered keeper. Should they have sent this since they claimed not to have received the V5C? Is it not the V5C that generates the automated letter?

[patdavies]

I have been looking through the letters from DVLA and I am a little confused. I received a letter in April confirming that the late penalty notice was valid. This was in reply to my letter informing them that I was disputing the charge. At the beginning of May they sent me an acknowledgement letter that I was no longer the registered keeper. Should they have sent this since they claimed not to have received the V5C? Is it not the V5C that generates the automated letter?

 

No, the acknowledgement letter in May is just that they have updated the database from your April letter, from April.

[Spunkymonkey]

Hi Odezi,

 

I had exactly this with a car I sold (well, gave away) in Dec 07. It must be a Christmas thang

 

Anyway, to save a lot of re-typing, the approach I took and letters I sent are all on this thread:

 

http://www.consumeractiongroup.co.uk/forum/dvla/171156-dvla-intercredit-again.html

 

Note that Moorcroft wre easy to get rid of. As soon as you tell them that the alleged debt they're trying to recover is in dispute and that you require them to refer it back to DVLA they really have no choice but to do so. If they continue to chase after you've notified them of that then they are harassing you.

 

Wiuth DVLA keep all letters concise, polite, and don't get drawn into "arguing" with them. Simply keep telling them that, f they want to recover this alleged debt, they have to prove to the satisfaction of a court that the debt is owed.

 

By their own response to FOI requests (linked in the other thread) they "don't need" an official appeal system because everyone they levy these fines against has the right to have it determined by court and all you're doing is trying to excercise that right

 

There is a slight risk that they'll actually go through with court action but even if they do there's a very good chance they won't actually turn up to claim.

 

Sadly, in my case, I've heard absolutely nothing from them since about Feb this year so I can't give a 100% definate outcome - but it's way too long for them to successfully start proceedings now. I suspect that's a normal result because the last thing they need is for a case to actually go through against them on this

[odezi]

Spunkymonkey, many thanks for the posting.

 

I sent the letter beloow to the DVLA and they have replied that I am still liable for the £80 charge

 

 

I write with regards to the letter from your agency dated 27 May 2009 and subsequent telephone conversations with your appointed Debt Collection Agent and letters from them regarding the late licensing penalty on vehicle registration xxxxxxx.

 

As stated in my previous correspondence to the agency, the vehicle was sold to webuymycar in December 2008. I immediately sent the required documents as required by law. At that point, my duty under the Vehicle Excise and Registration Act 1994 to notify a change of keeper was discharged and so the provisions of Regulation 22 of the Road Vehicles (Registration and Licensing) Regulations, under which the disputed Penalty Charge arise, cannot apply.

 

I am neither responsible, nor liable, for any failure by the DVLA to update their records in accordance with the information I supplied to them when disposing of the vehicle. I fully understand that the DVLA have a responsibility to maintain the Continuous Registration records for millions of vehicles and appreciate that these penalty charges are a valuable tool to that end. However, unless they can clearly demonstrate that I failed to submit the change of keeper details - which is impossible because I did submit them - the charge is not enforceable.

 

I therefore require you to immediately recall the alleged debt from Moorcroft Debt Recovery and to refrain from any further attempt at collection until and unless you have proved liability in the County Court. I also urge you to cancel the charge forthwith and look forward to your confirmation of this.

 

Yours Sincerely,

 

 

I inted to follow it up with a letter and ask them to forward the case for prosecution.

[gwc1000]

I inted to follow it up with a letter and ask them to forward the case for prosecution.

 

Yes, that is the best way to go.