Another Failure to notify.

[suedes]

On 24/8/11 my wife sold her car on gumtree to a guy who was fixing it up and selling it on again we posted the v5 the next day I eventually seen the car again on gumtree now fixed so I presume that they have now also sold the car.

 

 

Today we received a letter from the dvla stating that my wife is the registered keeper of the car and someone has applied for a V5 in there name

 

they say that we need to inform them of when we sold the car and to who we sold the car. We still have the contact number for the buyer so can possibly get his details.

 

I assume that once we do that we get the fine for failure to notify?

 

What is the best course of action to take with replying to this letter?

 

Many Thanks

[stuntman]

I had a similar scenario and won a couple of weeks ago. I'd initially forgotten to pos the V5, but did so after getting a reminder. Nothing happened for a couple of months until I got a fine for failing to notify. I replied saying that I'd sent eh V5 and considered the matter closed. Heard nothing until a 'last chance' fine arrived. Replied with a similar letter along with the original letter. This was October. Again, heard nothing. 3 days before Christmas, got a summons to the magistrates court! On advice from some legal types I came up with a letter showing the timeline of events, reminding them that once the V5 had been sent I could no longer inform them of the new keeper as all the details were there. I also said that I was writing to the DVLA complaints people and my local MP, pointing out that I had tried to maintain a dialogue, which had been ignored completely. Finished off by saying that their action was disproportionate and unfair. They dropped the case on the morning of the hearing.

 

I don't think that you have to provide the details as they were on the V5 you sent - it's not your fault if Swansea has lost them. There is no requirement of you to keep a record. I'd leave the new buyer out of it, as that might just complicate things for you. You carried out your duty by posting - there is no need to post RD. After that, the ball's in their court, as is the balls-up. Just keep restating your position.

[suedes]

Sorry I didn't see your post sooner stuntman makes interesting reading.

 

Today we received the failure to notify fine or court letter with the undertone of guilt.

 

This is the reply I have come up with, would be interested in peoples comments;

 

 

Dear DVLA

REG

 

As previously stated in in our letter */*/12 I sold the vehicle on the */*/11 I then sent the V5C to the DVLA via first class post as I have always done upon sale of a vehicle. Therefore I believe that I am not guilty of the offence I am accused of therefore will robustly defend any court action taken against me and will also pursue costs.

 

I would like to draw your attention to some legal points I have referenced.

1.

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

 

2.

Section 7 of the Interpretation Act 1978

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.

 

Please also note that I have a witness to who observed the document being posted.

 

Thanks

[suedes]

Just a little update that the dvla have dropped the case in this instance.

[stuntman]

:fencing:another winner!