Discussion
We trade in my wife's audi in March at a local dealer, we get the plate transferred and a couple of weeks later I take the correct log book back to the dealer (I know them) and whiteness them filling in the counterpart ready to send off to DVLA.
Anyhow a few weeks ago I get a letter asking why I have not insured the car, I fill it in advising that I am no longer the owner and haven't been for almost 6 months, and that the car was chopped in for another.
Today I get another letter advising me I need to pay a £100.00 fine of £50.00 if paid within the next couple of weeks.
I am about to send the a letter to tell them to F off but thaught I might ask here 1st just incase.
Note: I contacted the dealer today and it's still on there fore court for sale so that's why it's never been insured, he said the tax is due next month and when I receive the reminder I should SORN the car. He said he sent the log book counter part off the day I gave him the log book.
Any advice welcome
Thanks
Anyhow a few weeks ago I get a letter asking why I have not insured the car, I fill it in advising that I am no longer the owner and haven't been for almost 6 months, and that the car was chopped in for another.
Today I get another letter advising me I need to pay a £100.00 fine of £50.00 if paid within the next couple of weeks.
I am about to send the a letter to tell them to F off but thaught I might ask here 1st just incase.
Note: I contacted the dealer today and it's still on there fore court for sale so that's why it's never been insured, he said the tax is due next month and when I receive the reminder I should SORN the car. He said he sent the log book counter part off the day I gave him the log book.
Any advice welcome
Thanks
The DVLA cannot 'fine' you. Only a court can do that. What you have from DVLA is a 'conditional offer of fixed penalty'. You may write back and explain what has happened and that you will not be paying the penalty and that, if they feel confident, you suggest the matter goes to court.
got the exact same problem atm but car was given to insurance company who then dealt with the log book.
dvla have no record of the logbook being received surprise surprise. wonder if a public access request would yield how many of these disappearing log books happen a year.
only advantage I have is that the insurance companies legal side are now dealing with the DVLA as they've admitted they are responsible for it happy days
dvla have no record of the logbook being received surprise surprise. wonder if a public access request would yield how many of these disappearing log books happen a year.
only advantage I have is that the insurance companies legal side are now dealing with the DVLA as they've admitted they are responsible for it happy days
1) Write again to get it updated
2) Decide whether you sent it or not
3) If you sent it (and I suggest you did) then fight it
4) Expect the usual rejection on the basis you should have contacted them when confirmation was not received
5) Followed by lots of phoney solicitor letters ultimately threading imminent court action in 7 days if not paid
6) After calling your bluff they give up in my experience
Should they issue summons, get on pepipoo/CAG forums and get help putting your defence together. They have to accept your posted notification and you are not 'guilty' if you didn't receive their confirmation.
2) Decide whether you sent it or not
3) If you sent it (and I suggest you did) then fight it
4) Expect the usual rejection on the basis you should have contacted them when confirmation was not received
5) Followed by lots of phoney solicitor letters ultimately threading imminent court action in 7 days if not paid
6) After calling your bluff they give up in my experience
Should they issue summons, get on pepipoo/CAG forums and get help putting your defence together. They have to accept your posted notification and you are not 'guilty' if you didn't receive their confirmation.
glasgowrob said:
dvla have no record of the logbook being received surprise surprise. wonder if a public access request would yield how many of these disappearing log books happen a year.
Already been done - https://www.whatdotheyknow.com/request/internally_...They took Collins to court. And lost.
DVLA v Collins, Clerkenwell Magistrates Court, October 2009
and these ones too.
DVLA v O’Sullivan, Staines County Court October 2009
DVLA v Peck, Horsham County Court April 2010
IIRC Collins was a SORN case but the principle is the same.
One DJ has since thrown out the Interpretation Act defence (a seriously flawed judgement imo) and no doubt DVLA will use this to bully people. But his judgement is not binding.
There are a squillion threads about this subject for those who wish to look.
Whistle said:
Note: I contacted the dealer today and it's still on there fore court for sale so that's why it's never been insured, he said the tax is due next month and when I receive the reminder I should SORN the car. He said he sent the log book counter part off the day I gave him the log book.
That not right.If it's not SORN'd it must be insured. And it sounds like he's not insured it, not SORN'd it and not notified DVLA so you are the one who gets the hassle. If he had sent in the v5 he wouldn't be saying that you will get the reminder, it wouldn't go to you.
ETA never leave a dealer to send in the paperwork to DVLA, it's something you have to do yourself, otherwise this stuff happens if the dealer tries to cut corners.
Edited by HenryJM on Saturday 23 August 06:27
Whistle said:
Note: I contacted the dealer today and it's still on there fore court for sale so that's why it's never been insured, he said the tax is due next month and when I receive the reminder I should SORN the car. He said he sent the log book counter part off the day I gave him the log book.
Any advice welcome
Your problem is right there. The responsibility to send off the V5C/3 to the DVLA rests with the seller (the RK), not the buyer (the dealer). As another poster has already mentioned, NEVER trust anyone in the motor trade to do what you are supposed to. Any advice welcome
The suggestion that YOU should SORN it next month is a sick joke. If you p/xed the car to him why would accept any further responsibility for it? Declaring SORN will really drop you in the smelly stuff because you will thereby be admitting to the DVLA that you are currently still the RK at that point in time, thereby giving them all the ammunition they need to pursue you for the CIE penalty charge!
My guess is that, despite what he claims, he either never sent the V5C on your behalf or, if he did, Swansea have lost it (nothing new there then) and he wants to distance himself from having to get involved in any correspondence. You can try to persuade DVLA to see sense (if you have any p/x paperwork with the details of your old car and the effective date of the transaction that will certainly help). Otherwise you are in for the long haul and may have your wallet lightened (for failing to follow the correct procedure).
You need to try and get this sorted pdq otherwise you are going to have further grief when the VED runs out. SORN will put you in bother (see above) and if you don't the DVLA will try to stiff you for that too.
I'm in a very similar situation:
http://www.pistonheads.com/gassing/topic.asp?h=0&a...
...except I sent the paperwork back, the DVLA must have initially lost it then during the course of this sorry saga, they found it, hence the acknowledgement of change of RK a mere 6 months after the transaction took place. Never the less, they are still hounding me for £100 despite the car being insured by the new owner at the time they claim it was uninsured. I can't seem to get the facts into their skulls, it's incredible how dense they are.
http://www.pistonheads.com/gassing/topic.asp?h=0&a...
...except I sent the paperwork back, the DVLA must have initially lost it then during the course of this sorry saga, they found it, hence the acknowledgement of change of RK a mere 6 months after the transaction took place. Never the less, they are still hounding me for £100 despite the car being insured by the new owner at the time they claim it was uninsured. I can't seem to get the facts into their skulls, it's incredible how dense they are.
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff