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HELP with DVLA - V5 Doc


nick7602
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Hi Guys

 

Sold our car to an independant dealer, in may of this year, dealer sold and taxed the car in September, we then had aletter from DVLA saying we are still responsible for the vehicle? and have sent us a fine for £80 even though we have sent the DVLA a copy of the sale receipt showing clearly the date of sale?

 

Im totally confused, how can I be responsible for a vehicle thats not mine

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Thread moved to DVLA Forum.

 
 

Any advice I give is honest and in good faith.:)

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i signed the yellow piece and sent it to the dealer for him to sign. when i approached the dealer about the yellow slip he stated he sends them all off twice a week.

 

He wrote a letter to DVLA saying he was the legal owner and had sent the relevant paperwork off and we sent a copy of the sales agreement too, but DVLA won't accept that i was not the owner at the time of taxing, the fine was not processed until the car was sold and the dealer taxed the car for the new owner.

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It is YOUR responsibility to send the yellow portioin to DVLA. You didn't do that and subesquently they didn't receive it. Thus the fine is correct.

 

If you remember later today that YOU actually posted it yourself, you have completed your legal duty and the fine is not correct and you could fight it in court. There is no requirement for proof of posting as the law stands, your only legal requiremnnt is that YOU post it to DVLA as soon as possible after disposing of the car. If the DVLA lose it or don't receive it, that would not be your concern as the law has been complkied with. That is of course if YOU sent it. :)

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ok thanks so if i notify DVLA that i sent the paperwork to them what will happen to the fine??

 

Do i need to write to them again telling them i posted the paperwork or shall i just ignore the letter as they state this fine needs to be paid by 11/12 otherwise a debt collection agency or county court appearence will follow.

 

the yellow slip took a bit longer to get there because we had a cherished plate on it and DVLA had to issue the correct documents to us with the original registration on. whenever we have swopped plates before the documentation has always been returned to the dealers not us??

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Hi I have ben lurking on this forum for a while looking for advice on the same situation. I was scheduled for court on monday (29/11/10) and after reading the forum was ready for my day.I sent a letter to the DVLA when sending my not guilty plea. Recieved a responce today saying all charges withdrawn happy it`s over but slightly annoyed I won`t get to have my say. I would advise all not to give in to these bully boys who try to scare people into paying for their own mistakes

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thanks for your response i know the paperwork was sent to DVLA and they have lost it, i wont pay a fine for a car that was not mine at the time.

 

i hope they realise this and i too wont have to go to court over it.

 

i have bought and sold 36 cars in 21yrs and never had this before

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The fact you posted the V5 is enough you have no legal obligation to do anything else. They will say you should contact them if you do not recieve confirmation from them but again you are not legally required to do so. It would be worth writing to them explaining the facts of your case. below is the letter i sent with names removed Dear Sir/Madam,

I am writing in respect of the allegation that I, (Name), am accused of failing to notify change of keeper on the vehicle (reg no)(previously registered to myself as Name).

I would like to clarify that I have fulfilled my legal obligations as the seller of the above vehicle by forwarding the relevant V5 document to the DVLA in Swansea by first class post on the (Date). The vehicle in question was sold at (Time) hours on the (Date) to a (Name of new keeper)

 

.

I am very concerned that this issue has gone as far as court action (scheduled for 29th November) and wish for you to contact me to discuss this.

Yours Faithfully

 

That worked for me, you do not have to justify yourself or start using legislation (interpretation act 1978 section 7) yet just a short letter explaining your position

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thanks for that my issue is the yellow slip was posted and the V5 was kept by the car dealership so they kept the V5 until sold 5mths later this is how the fine was issued.

the car was on a forcourt until sold so was not taxed so DVLA must of known where the vehicle was all that time as they needed to use a trade plate when test driving?

 

the garage sent a letter to DVLA stating they had the car and i sent the receipt showing when the car was sold but they are not interested

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The interpretation act is still valid you sent the paperwork so you fufilled your obligations it is for the DVLA to prove otherwise which they cant as they have no procedures in place for accounting for lost mail.

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But you didn't send the yellow potrtion. you alkready said that you sent that to the dealer to sign and he said he would send it off. You also say you wrote and explained this to DVLA so you cannot now tell them that you actually posted the yellow portion at all. Plus there was the added complicatoion of changing over the private plate which you didn't explain properly.

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i did not notify the DVLA that the dealer posted the yellow slip the letter states the V5C/3 was sent but appears to of not been recieved it does not say who sent it.

 

also the plate change has nothing to do with it i recieved the paperwork for the original reg straight away it is only the paperwork stating that the car is with a motor trader that is missing

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  • 3 weeks later...

Hi

 

it seems like the DVLA are adamant that they are going to take this to court, am I still right to challenge this as I have had the debt recovery agency sending two letters and informing us that they are going to clamp the car, and the car trader has informed the DVLA that they were at the time the legal owners of the vehicle, but DVLA are insiting they are pursuing the claim? we also have a receipt for the car when it was traded in which shows we were not the legal owners

 

Laughably the debt recovery people have stated that they are going to clamp the vehicle??? which belongs now to someone else, and seize it?? and is 200 miles away from my address

 

Should we let this run its course?

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I suspect, like me, you have no choice but to let it run it's course. Even though you are not strictly speaking, telling the full truth, it will get it into court and then let the magistrate/judge decide. There is a vast difference between you knowing you mailed the V5C and accepting that the dealer was to do it on your behalf. As their burden of proof will not require or be able to ascertain with 100% certainty that it was posted, the judge will look to probability. If they discover you relinquished that responsibility to another that probability will likely sway in their favour.

 

It will be interesting to see what happens when/if they clamp the vehicle. In my case the vehicle doesn't exist anymore... or so I'm lead to believe.

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Hi

 

We sent in the yellow slip and the V5 stayed with the dealer until the vehicle was sold in september, the fine was only issued after the car had been taxed for resale.

 

funnily enough the DVLA had issued me with a new V5 because i had a cherished plate on the car and it is the documentation for the original plate that has got lost in the system.

 

i sent a recorded delivery letter telling the DVLA that i had posted the yellow slip and so fullfilled my legal obligations but they seem adament that i was responsible for the car at the time. the second letter from the debt collection has stated i owned the car on 1/6/10 although DVLA where processing the paperwork for the original plate at ths time?????

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  • 6 months later...

Hi

Welcome to The Consumer Action Group.

 

 

I am just letting you know that as you haven't had any replies to your post yet, it might be better if you post your message again in an appropriate sub-forum. You will get lots of help there.

 

Also take some time to read around the forum and get used to the layout. It is a big forum and takes a lot of getting used to.

 

 

Once you start to find your way, you will soon realise that it is fairly easy to get round and to get the help you need.

 

It can be bit confusing at first.

Please be advised that my time will be limited for the next few weeks.Thanks for your understanding.

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