Failure to notify disposal of vehicle - But I did!

[crispybacon]

Hi All Caggers

 

Last year I sold my car on eBay and duly posted the V5 to the DVLA on the 8th October.

 

Approx 4 weeks later I received a letter stating that someone had informed the DVLA that they had purchased the car and were applying for the registration document. I called the DVLA on the 8th November to inform them that I had sold the car, hold sent them the V5 and that they could issue the registration document to the new owner.

 

Fast forward to December 2012 when I get a snotty letter from the DVLA stating that I had failed to inform them that I had disposed of the vehicle and they wanted a fine of £35 increasing to £55 if I did not pay within a certain timeframe.

 

I phone up the DVLA to tell them I had posted the V5 and was told to complete the form stating that I was not responsible for this offence which I duly did.

 

I now have a further letter from the DVLA, where they have basically ignored the fact that I have posted the V5 telling me that because I had not received a notification letter within 4 weeks it was up to me to pursue the matter.

 

I now have 3 weeks to cough up £35 or after that its £55

 

I am determined to fight this as surely this cannot be legal? I contacted the DVLA to tell them I had sold the car after 4 weeks had elapsed when the buyer had also informed the DVLA they had not received the V5.

 

I have posted the V5 1st class, I do not recall there being any burden of proof on the motorist to prove postage or delivery?

 

Where do I stand with this? As far as I'm concerned the DVLA are running a money with menaces racket here that is not legal!

 

Thanks in advance

 

Crispy

[clint1974]

it does not state anywhere on the V5 that it has to be sent by recoreded delivery or that you have to get proof of posting. Tell them to stick there fine where the sun dont shine, you have completed your obligation and they have more than likely mislaid it.

[BRIGADIER2JCS]

I believe that you must contact them if you have not had the notification confirming the change of ownership/disposal of the vehicle so if you failed in that obligation then one must suppose that the DVLA is right.

[crem]

I believe that you must contact them if you have not had the notification confirming the change of ownership/disposal of the vehicle so if you failed in that obligation then one must suppose that the DVLA is right.

 

There is no such law requiring you to contact them if you don't receive a confirmation letter after 4 weeks. The law requires that you notify them at the time of the transfer, the confirmation letter is purely a courtesy and not applocable in law (although the DVLA would like you to think it is the law!)

[BRIGADIER2JCS]

I think there is a regulation saying that if you do not receive the confirmation notice you must contact the DVLA the onus is on the ex car owner to do so, failure = fine.

Can't be bothered with pedantics law or not it's what happens.

 

Quote from form V11.''If you have recently told us you no longer hve the vehicle we will send you an acknowledgment letter within 4 weeks.

this will confirm we have up dated our records.............If you do not get an acknowledgment letter phone us on 0300 123 1279 as you could still be responsible for the vehicle and may get a penalty and or be prosecuted''

[Michael Browne]

I think there is a regulation saying that if you do not receive the confirmation notice you must contact the DVLA the onus is on the ex car owner to do so, failure = fine.

Can't be bothered with pedantics law or not it's what happens.

 

Quote from form V11.''If you have recently told us you no longer hve the vehicle we will send you an acknowledgment letter within 4 weeks.

this will confirm we have up dated our records.............If you do not get an acknowledgment letter phone us on 0300 123 1279 as you could still be responsible for the vehicle and may get a penalty and or be prosecuted''

 

This is a DVLA "requirement” that has no legal basis whatsoever as can be seen on numerous threads on CAG

[BRIGADIER2JCS]

I would appreciate an exact explanation as to why a ''requirement'' made by a Goverment Agency has no legal basis???

 

 

If one fails to pay the penalty a summons willbe issued through a magitrates court not a civil court will it not??

 

So please let's have chapter and verse.

[crem]

I would appreciate an exact explanation as to why a ''requirement'' made by a Goverment Agency has no legal basis???

 

 

If one fails to pay the penalty a summons willbe issued through a magitrates court not a civil court will it not??

 

So please let's have chapter and verse.

 

It is disappointing that a CAG site team appears to be so firmly upholding some DVLA B*S* waffle without investigating the legalities of their made up rubbish in more detail.

[BRIGADIER2JCS]

Up holding nothing just looking for reasons/justifications for answers posted by users that may mislead the inexperienced user, I ma researching the law in relation to this.

[crem]

there are many many threads here on CAG that go over this time and time again about the LAW requires you to sned the notification, but the acknowledgement from the DVLA is really only a courtesy (albeit it is good to know they have updated their records).

 

There is no LAW, and therefore no offence for failure, to require a driver to pursue any non receipt of this courtesy DVLA letter.

[BRIGADIER2JCS]

We'll see when I get my results.

[Michael Browne]

I would appreciate an exact explanation as to why a ''requirement'' made by a Goverment Agency has no legal basis???

 

You're pre-supposing that just because a Goverment Agency says you must do something that it therefore must be law.

 

The only requirement laid down by law is that you must inform the DVLA. Once done, there is no further requirement to chase a non-response. Obviously it would be sensible to do so, but there is no legal requirement, even though the DVLA likes to make out otherwise.

 

If one fails to pay the penalty a summons willbe issued through a magitrates court not a civil court will it not??

 

Yes, it will. But as can be seen from threads on here and Pepipoo, when challenged the DVLA invariably withdraws and offers no evidence

So please let's have chapter and verse.

 

It's a well known money maker for the DVLA on a par with RLP and private parking companies

[Michael Browne]

We'll see when I get my results.

 

http://lmgtfy.com/?q=Failure+to+notify+DVLA

[BRIGADIER2JCS]

Many threads here still do not equate to UK wide occurreces.

I am presupposing nothing..

[Michael Browne]

Many threads here still do not equate to UK wide occurreces.

I am presupposing nothing..

 

I now understand why General Melchett is your avatar, lol

[crem]

Many threads here still do not equate to UK wide occurreces.

I am presupposing nothing..

 

nice to see the level of confidence you attach to CAG help threads!!

[BRIGADIER2JCS]

Posts unapproved unhelpful to the OP.

[Raykay]

I think there is a regulation saying that if you do not receive the confirmation notice you must contact the DVLA the onus is on the ex car owner to do so, failure = fine.

 

Although DVLA do send acknowledgement letters, there is no legislation that requires them to send one, or you to do anything if you don't receive one.

 

They try the threat of 'you didn't chase up the acknowledgement letter' in an attempt to make you think it is your fault and pay up.

Edited February 1, 2013 by Raykay