Failure to notify disposal of vehicle

[stinkysrevenge]

Hi all, hoping someone can help....

 

I received a Failure to Notify Disposal of Vehicle letter today which says basically that I am no longer the keeper of the vehicle (which is true) - the letter says that I need to pay an £55 fine (or £35 if I pay early) OR tell the DVLA who is responsible.

 

I do not own the car anymore as basically it broke down, I left it with a family member who was going to get another engine for it and fix it. Instead, he sold the car without the logbook and without telling me (until much later). The new owners (I assume) sent off a V62 and now I have this letter. I don't know who has the car now.

 

My question is, do I pay the fine (then take it up with the family member to get my money back) but I am afraid this will constitute a "proper" offence, which I'll have to declare to my car insurance (and be on my record as a motoring offence). Or should I just call the DVLA and tell them what happened?

 

Any suggestions??

[buzby]

You don;t get points on your licence for this, and as far as I'm aware, it not reportable to Insurance Companies. You've fallen foul of another strand of the Continuous Registration regulations, and it remains the responsibility of the RK to ensure the documentation is kept up to date.

 

As soon as your family member sold it, he should have asked you for the V5C and arranged for it to be completed by both parties. By not doing this, he dropped you right in the brown stuff....

[stinkysrevenge]

thanks for that buzby, really appreciate it.....

 

One more question though, what happens when I report my family member to the DVLA as the person who sold the vehicle without my consent? I didn't even know until much later that he had actually sold it. Does this mean that he is at fault for selling the car without my consent? Or am I still responsible for the paperwork even though I don't know when exactly he sold it or who he sold it too?

[car nut]

thanks for that buzby, really appreciate it.....

 

One more question though, what happens when I report my family member to the DVLA as the person who sold the vehicle without my consent? I didn't even know until much later that he had actually sold it. Does this mean that he is at fault for selling the car without my consent? Or am I still responsible for the paperwork even though I don't know when exactly he sold it or who he sold it too?

 

if hes sold the car without your say so its theft

easy option pay the fine and get the money of him

you wont get a criminal record

[buzby]

It is not the family member that is reported to the DVLA, but the police - for taking (and disposing) of your car. You could get round this DVLA penalty by saying the request for the new Keeper's V5C is news to you as you have the orginial and the car is being repaired. It won;t stop the issue of the new V5C, but it gets YOU out of the frame for not reporting it!

[stinkysrevenge]

thanks again buzby and car nut!

 

I called the DVLA today who said the fine is the same as a parking fine, so not a big deal in that regard. They couldn't tell me what would happen if I shopped my family member for selling the car without my permission.

 

I think I'm just going to pay the fine and get the money back from my family member.

[DaBird]

I think the DVLA is acting inappropriately - possibly with legal grounding.

 

Anyone got any ideas on how to find out if this is enforceable by law?

 

I received one today after sending the notification in.

 

Have spoken with DVLA and ENforcement Office. They both repeated that it clearly says: " DVLA will issue an acknowledgement letter after 4 weeks to confirm that you are no longer the registered keeper. If the achknowledgement letter is not received please contact the VDLA."

Is this not a request? It says nothing about a legal responsibility to contact them - although it does say "The registered keeper will continue to be liable for the vehicle". It says nothing about a penalty enforceable by law if we do not. All it says is: "...please contact the DVLA."

 

The guy I sold the car to (a doctor) informed the DVLA that he had bought the car as well.

 

I can't see that it is anything like a parking fine that is made for parking illegally where it is clearly sign-posted that you shouldn't.

 

For all it's worth I've attached a copy of the letter I'm sending to the Chester office and I going to contact the Citizens Advice Bureau and anyone else I can think of. This is well out of order!

legally enforceable.doc

[buzby]

It is now true that your every interaction with DVLA will generate a written response, so it may well - in the future - be difficult to say you thought they knew. But for the moment, the law is clear, you have to tell them, but you most certainly don't need or require their confirmation to validate it.

[hungrybear]

read my letter here:

 

http://www.consumeractiongroup.co.uk/forum/dvla/230624-dvla-fine-mess.html

 

it contains all the legal stuff in your defense and all the illegal stuff for their noose.

 

buzby - it does not matter about whether or not dvla do or dont always send an acknowledgment. What matters is that the Interpretations Act says its not relevent under any circumstances UNLESS they write a statute that explicitly says the interpretations act does not apply - which I believe is the case with those crafty mites at HMRC!

[buzby]

See the concurrent thread;

 

http://www.consumeractiongroup.co.uk/forum/dvla/234788-thanks-your-advice-i.html

 

My suspicions are correct - the scenario outlined by the DVLA is the way they are moving this forward, and stuff the Interpretation Act.

[TwitHead]

Hi,

 

I'm having a similar problem just now. Got the Failure to Notify letter (sold the car to my sister). I did send away the V5, but they obviously lost it, or didn't get it. I don't want to argue it, I will pay their fine - the only thing is I have a job that requires High Security Clearance (MOD) will this affect it? I called the DVLA and asked, and they said it's more of a "red tape offence" (his words) and wouldn't be recorded anywhere after it's paid. Is this correct? I cannot have any motoring offences, not even speeding or parking, and certainly cannot have criminal offences.

 

Major panic. :-?

[buzby]

It isn't an 'offence'. The only place I am aware where it is recorded is on your Vehicle record (on the VRM of the car).

[TwitHead]

Thank you! I was freaking out. The sure do throw the word "offence" around on the letter....

[buzby]

It's like CRA 'defaults'. You've not been to court, you;'e not admitted anything, and it hasn;t been proved that you commited the act complained of. The trouble is, this information is misinterpretated by the firms using it and they treat these defaults as having the same significance as a CCJ.

 

With the DVLA, they only have 2 databases, the Driver and Vehicle Records, none of which are fully disclosed to external databases). An RK doesn't need a Drivers Licence, so can have this RK change omission recorded ONLY on the Vehicle record of the affected car.