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DVLA Tax Disc/New Keeper cock up


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Hi All,

 

I will try to keep my ongoing saga as brief as possible. My partner sold a car on the 11/12/08. I sent the information to the DVLA.

 

In January 2010 we get a bill from our local council for £900 for wrapping 'OUR' car around a council lampost. Happy Days !! I contacted the council and managed to sort it ( the new keeper had registered himself and the car as a private hire taxi) to do that, you need to be the new keeper and have the V5C document in your name.

 

Recently we received a Late Licensing Bill from the DVLA, which has now been passed on to the Bailiffs. My partner taxed the vehicle on the 30/10/08 for six months, so when it was sold it had approx 4 1/2 months left. The late licensing penalty is not for the 01/04/09 approx but the 01/11/09.

 

So, mmmmm....the DVLA claim that up until 2010 we were still the Registerd Keepers. So, if that is the case, how was the new keeper able to apply and be issued with a new tax disc on the 01/04/09, if his name was not on the V5C. And when he was issued with the Tax disc surely his details must have been updated on the V5C.

 

 

This is from the DVLA

If you’re not shown as the registered keeper on DVLA records you cannot tax the vehicle.You’ll need to apply for a Registration Certificate in your name. To get one, fill in form V62 ‘Application for a Vehicle Registration Certificate’ I have tried speaking to, emailing etc the plebs in the Call Centre, but I may as well talk to a sprout. I have also contacted the DVLA CEO, but that response can take up to 10 working daysCan anyone suggest what action I can take now so that we are not getting harrassed by Bailiffs because of the DVLA's cock up

Thank you HGF.gif

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Have you written to the DVLA about the 'late licencing' issue? I see you have emailed them but these things are better by post. However, did you keep a copy of the email and is it possible to post it here after removing personal details?

 

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Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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Hi Sailor Sam,

 

Since the DVLA have a knack of losing mail... I wrote and emailed them, firstly the Enforcement Officer

 

Dear Pat Woolley

 

I received your letter 15/03/10 and telephoned your office and spoke to one of your colleagues. Unfortunately the staff member must have been new, as she was very vague and quite unfamiliar with the DVLA’s policies and procedures, so again I will put everything in writing.

 

The car left my possession on the 11 December 2008, my partner mailed the V5C document via 1st class post (as I have always done when selling a car – with no problems!). It wasn’t until the 29 January 2010, that I had any inclination that the DVLA had failed to change the documents. I only found out because of an accident the current keeper had involving council property. I realise the DVLA receives anything from 60,000 to 80,000 items of mail daily, however, that is of no consolation to me.

How has the DVLA made such an error and continue to make errors. ?

 

Firstly, here is the policy concerning taxing your vehicle....

 

Tax without a Registration Certificate or New Keeper Supplement

 

If you’re shown as the registered keeper of the vehicle on DVLA records, you can tax in person or by post at your nearest DVLA local office

You’ll need to complete a V62 ‘Application for a Vehicle Registration Certificate (V5C) which must be accompanied by £25 (fee for a duplicate Registration Certificate). Include this with a completed V10 ‘Vehicle licence application’, MOT, insurance and payment for vehicle tax

If your address has changed, you’ll need to provide your driving licence, original bank or building society statement or recent utility bill. If your name has changed, you need to provide your marriage certificate, decree nisi, decree absolute or deed poll

 

If you’re not shown as the registered keeper on DVLA records you cannot tax the vehicle.

 

You’ll need to apply for a Registration Certificate in your name. To get one, fill in form V62 ‘Application for a Vehicle Registration Certificate’ and post to DVLA, Swansea SA99 1DD. You may have to wait up to four weeks for a new certificate to arrive. In the meantime, you should keep your vehicle off the road.

 

The vehicle was taxed by myself for six months and run out approximately the 01/05/2009 ( I cannot give you an accurate date as I do not remember) The car was sold to Mr ***** on the 11/12/2008 and he was now the registered keeper. The tax expired and Mr ***** re-taxed the vehicle for another six months, which expired on the 01/11/2009

 

How did Mr ***** tax the vehicle ******* on or around the 01 May 2009 if he was not the registered keeper? Mr ***** obviously filled in a V62 and attached the V5C/2 and sent that in to the DVLA. Why wasn’t the V5C updated ?? and backdated to the 11/12/08

 

Below are some legal points of which I have followed

 

The Road Vehicles (Registration and Licensing) Regulations 2002

 

 

“Change of keeper: registration document issued in Great Britain on or after 24th March 1997 and the new keeper not a vehicle trader

22. (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.”

 

Interpretation Act 1978

 

References to service by post

 

“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

 

As I previously stated I used 1st class post to “deliver” the V5C document which complies with both regulations above.

 

The DVLA states that I have no defence because I did not receive confirmation from them. This confirmation letter from the DVLA is not a legal requirement!

 

As stated in Human Rights Act 1998, Schedule 1, Article 6, section 2

 

“Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law.

I have no proof of posting the V5C document because I have never done so before. I also believe that I should not have to prove that I posted the V5C document and if this matter does indeed go to court it should be down to the DVLA to prove that I did not

 

I look forward to receiving conformation that this matter has been resolved, that I am not in any way liable for Mr ***** oversights, and that my name is not and will not ever appear on the V5C as the registered keeper AGAIN

 

 

I received a letter back, that didn't refer to mine at all, and was from a template I would think. I still had not received a reply from my letter to the bailiffs, instead I received a 'nastier' one in the post. Well, that was when I got really p***** off and emailed the C.E.O of the DVLA Noel Shanahan, it was a no holds barred email. I received conformation from them that they were looking in to it. So far I haven't had a formal reply, but, I received a reply fom the bailiffs regarding my email.

 

 

Case Closed / back to our client (DVLA)

 

So, I can only assume that the DVLA are no longer seeking the £80.00. I will let you know when I hear from the DVLA

 

Cheers trophy.gif

Edited by TrubbleMaker
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