Jump to content


Dvla Penalty For Car Sold In Dec08


odezi
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4475 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

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

Link to post
Share on other sites

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.

Link to post
Share on other sites

  • 2 months later...

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.

Link to post
Share on other sites

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.

Link to post
Share on other sites

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.

Link to post
Share on other sites

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?

Link to post
Share on other sites

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.

Link to post
Share on other sites

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 ;)

:!:Nothing I post should be taken as legal advice. It is offered as an opinion only.:!:

 

This warning is in my signature because I'm not organised enough to remember to type

it in every post.

 

And you're considering trusting me????:eek:

Link to post
Share on other sites

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.

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...