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Last year I terminated a lease agreement for a car, the car was collected by a third party to take the vehicle direct to auction. I filled in the V5 and signed as I should. I then forwarded the vehicle to the finance company so they could fill in there part and forward it on to the DVLA. I have now recieved a fine from the poole department of the DVLA, it's for £40. I have been playing letter tennis with the DVLA for a couple of months, they wont give up. I have spoken to the finance company and they only send a small part of the v5 which shows the vehicle is being kept within the trade. They assured me that they did send it. DVLA had a request for the new log book within weeks of the car being sent to auction and even informed me, so why start bothering me after months?

If anyone has any Knowlage that will shut them up I would love to here it.

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Have DVLA given you any details of correspondance they have received in relation to the vehicle? And I am assuming that although the car was leased it was your name that appeared on the V5 as the registrered keeper?

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If you have informed them that you acted responsibly and in good faith and posted the form, I cannot see how they can proceed. The instructions on DVLA forms do not state that they should be returned by a trackable method.

 

It seems to me that for DVLA to enforce any penalty they would have to prove that you did not send the form, rather than you prove that you did. Unless, of course, they can demonstrate that you are responsible for the actions of every individual and organisation that may have handled it since you put it in the postal system.

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You have obviously forwarded all of the V5 to the leasing company. When you sell a vehicle to the trade you should tear off the yellow slip from the V5 and give them the rest of the document. You should then send off the yellow part yourself with their name and address on, if you give the trader the complete document I can assure you that yellow slip never gets sent off! (I've been a car dealer twenty seven years now.) This won't produce a new document but will terminate your responsibility for the car. Remember lease companies deal with thousands of cars and from my experience of lease companies they lose loads of log books and send the vehicles to auction to be sold without a V5. I should imagine your yellow slip never got sent.

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I don't understand why after several months, the car has not been moved on and a new V5 applied for by a new keeper; thus automatically removing you from the frame.

 

The moral of this story is, do not let other send in the V5 - they have no benefit in doing so.

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The car was sold within weeks and has been exported, DVLA wrote to me to explain this.

I filled in the V5 with the finance companies name and sent it to them to sign. I didnt realise the car could be kept "in the trade" as last time I changed car the dealer had to become an owner.

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The car was sold within weeks and has been exported, DVLA wrote to me to explain this.

I filled in the V5 with the finance companies name and sent it to them to sign. I didnt realise the car could be kept "in the trade" as last time I changed car the dealer had to become an owner.

 

If you have this letter.. then how can they be persuing you? I'd send them a COPY of this letter and tell them politely to go away.

 

Matt

Power tends to corrupt; absolute power corrupts absolutely - Lord Acton.

 

Advice offered by MattyH is without predjudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt. Please research any information I have offered, as I will not be held liable for any incorrect advice i've given you.

 

<--------- If my advice has helped, please tip my scales. 8)

 

For Further advice come into the Chat Room: http://www.consumeractiongroup.co.uk/forum/chat/flashchat.php

FAQ's : http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

Step By Step Instructions ; http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-example-step-step-instructions.html

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The car was sold within weeks and has been exported, DVLA wrote to me to explain this.

I filled in the V5 with the finance companies name and sent it to them to sign. I didnt realise the car could be kept "in the trade" as last time I changed car the dealer had to become an owner.

 

The reason DVLA wrote to you is because someone had made an application for a V5 as they had purchased the car without one, and DVLA always write to the previous owner in these circumstances to check that the vehicle hasn't been stolen. This would prove that the yellow slip hadn't been forwarded. Are they fining you for failing to inform them of a change of keeper? If so, perhaps paying the £40 would be the easiest option

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The reason DVLA wrote to you is because someone had made an application for a V5 as they had purchased the car without one, and DVLA always write to the previous owner in these circumstances to check that the vehicle hasn't been stolen. This would prove that the yellow slip hadn't been forwarded. Are they fining you for failing to inform them of a change of keeper? If so, perhaps paying the £40 would be the easiest option

 

I don't think so - why would a V5 be needed if the vehicle was outwith the remit of the DVLA

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