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    • HI DX Yes check it every month , after I reinstated the second DD I was checking every week. Also checked my bank statements and each payment has cleared. When responding to the court claim does it need to be in spefic terms ? Or laid out in a certain format? Or is it just a case of putting down in writing how I have expained it on CAG?
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    • You have of course checked the car is now taxed and the £68 is stated against  the same reg?  If the tax for the same car did over lap, then I can't see you having an issue pleading not guilty Dx
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    • Afternoon all Looking for advice before I defend claim for car tax payment that the DVLA claim I owe £68 from an idemity claimback from my bank and unpaid tax  brief outline. Purchased car Jan 30th ,garage paid the tax for me after I gave them my card details  first payment £68 out in Feb 24  followed by payment of £31 from March due to end Jan 24 Checked one of my vehicle apps and about 7-10 days later car showing as untaxed? No reason why but it looks like DVLA cancelled it , this could be because I did not have the V5 and the gargae paid on my behalf but not sure did not receive a letter to say car was untaxed.  Fair enough I set up the tax again staight away in Feb 24  and first payment out Mar 31st , and each payment since has come out each month for £31 , this will end Feb/Mar 2025, slightly longer than the original tax set up, all good. I then claimed the £68 back from my bank as an indemity refund as obviously I had paid but DVLA had cancelled therefore it was a payment for nothing?  Last week recieved a SJP form dated 29th May stating that DVLA were claiming for unpaid tax and a false indemity claimback which of course is the £68. It also stated that I had received two previous letters offering me the oppotunity to pay that £68 but as I had not responded it was now a court claim that I must admit guilt for or defend. My post is held for weeks at a time from Royal Mail ( keepsafe) due to me receiving hospital tretament at weeks at a time that said I did not receive any previous letters from DVLA. I am happy to defend this and go to court but wondering what CAG members think? In summary I paid an initial amount of £68 and then a DD of £31 , tax cancelled  I set up a new DD at £31 a month all in the month of Feb 2024, I claimed the £68 back from my bank. DD has been coming out each month without issue and I have paperwork to show the breakdown for both DD setup's plus bank statements showing the payments coming out . The second DD set up has extended payments up to Feb/Mar 2025. DVLA claiming the £68 was ilegally claimed back despite the fact they cancelled the original DD for reasons unknown. Is this defendable ? I will post up documents including the original DD conformations 
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
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v5 confusion


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Hi I posted this earlier but it got deleted and i've no idea why. I bought a car in October last year from a small garage. He gave me the v5 document to fill and send off. For no reason whatsoever I forgot to send it and finally got round to sending it last week.

 

Last night I got flashed by a speed canera, totally my own fault as I wasn't concentrating. I was wandering what the outcomes of this could be. I.e. will I be liable for a fine from dvla as well as from police. I realise that the mess is all my own fault and am willing to pay any fines which may arise.

 

Many thanks for any replies

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Two separate matters here and two separate organisations who probably have minimal contact and don't transfer back of information.

 

To clarify what happened?

 

1. DVLA/V5C.

What did you send in "last week"?

'Your' slip that should have been given to you by the Seller?

Or the rest of the V5C that should have been sent in by the Seller?

Or the entire V%C complete without your slip detached?

In the same envelope and was anything dated?

 

I don't know how they process these things or if they note written dates, and pounce accordingly, or just record when they receive them.

 

2. CAMERA.

Was it just a deterant flash or was the camera live with a recording camera? (not a lot are - but Sod's Law...). You just don't know. Time will tell.

If it was live, the operator (Police etc) will enquire of DVLA as to who is/was the RK.

Here is where the Seller might be involved if DVLA had not processed the change by the time of the enquiry - generally no more than a day of the live flash. The Seller's duty would be to tell them the vehicle was sold to you on xxx date. Maybe come clean with him in readyness and have a mutually supporting story.

 

His reply would be to the camera people, not DVLA, so you might get away with the not informing DVLA earlier - but the speeding matter continues.

Assuming the Seller gives your details to the Police, they will contact you about the speeding and probably nothing else (assuming it is Insured, Tested etc). Same result as if DVLA had processed the change by the time of the enquiry.

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Hi,thanks for your reply, he left me the rest of the V5C that should have been sent by the seller. He had signed it with the date of sale and I have signed with last weeks date.

 

With regards to the camera it was one that I would assume to be live (hopefully no film, it wasn't the new digital one). I just hope that i don't face further sanction other than the speeding.

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  • 2 weeks later...

The V5C must be filled in and signed by both the Seller and new Keeper in section 8. This part of the document must be sent by the Seller to the DVLA immediately. Assuming that you are not a registered trader, Section 9 can be destroyed and section 10 ONLY should be handed to you as the new Keeper. As the vehicle was not being exported, section 11 can be destroyed.

 

You were under no obligation to send the V5C to the DVLA when you found it, but rather you should have returned it to the Seller for them to do so. Due to the circumstance of your now having activated a static speed camera, you really should inform the Seller of the delay.

 

The Seller is the one who is liable to a penalty and or summons for the failure to notify. As the requirement is to immediately send it to DVLA, it cannot be prosecuted after 6 months due to it being 'time barred' as a summary offence so the Seller would thus have a defence.

My time as a Police Officer and subsequently time working within the Motor Trade gives me certain insights into the problems that consumers may encounter.

I have no legal qualifications.

If you have found my post helpful, please enhance my reputation by clicking on the Heart. Thank you

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