DVLA vs Liquid Knight

Author
Discussion

Cotty

39,626 posts

285 months

Friday 22nd October 2010
quotequote all
Liquid Knight said:
Some of you may be aware I'm having an issue with the DVLA at the moment. Basically they have issued a SORN fine for a car I declared as scrap over a year before hand.
I don't know which is why I am asking but what happens to the ownership of a car when its scrapped i.e. the V5. I assume it still has you as the owner, what should it show when no one owns it and it gets scrapped?

Gibby78

154 posts

186 months

Friday 22nd October 2010
quotequote all
BliarOut said:
Petrolhead_Rich said:
two or three fines for forgetting SORN's with no reminders

Also sent a scrap notification through and then got an £80 fine 9 months later.
They said they never received the scrap notification, paid up as I couldn't be bothered arguing.

Good luck in court, you will probably end up paying £80 plus costs!!!
You were wrong to. If you post it first class it's deemed served unless proved otherwise.
And that is why the DVLA crumpled like a cheap suit, when they tried fining me for not notifying them of change of keeper when I had, I eventually got a letter saying the vehicle had a new owner then one after but dated before saying I had to pay a fine for not notifying them.

after a bit of a battle I spoke to somebody who was low and behold sensible and they dropped the whole thing saying it was probably their fault.

the DVLA don't really want to test the first class post legality as it'll set a precedent meaning they and the police would then have to start proving postage.

I was one of the lucky few who got to speak to a normal sensible human being that knew the foibles of the department she worked for, should have got her direct line really.

GarryA

4,700 posts

165 months

Friday 22nd October 2010
quotequote all
From a V5.....

On receipt of notification of keeper disposal, DVLA will issue an acknowledgement letter confirming that the keeper has discharged liability. If you haven't received acknowledgement within 4 weeks then contact DVLA - 0870 240 0010

I take it the O/P has not received a letter and informed the DVLA of this?

If not then I would pay the fine with a cheque attached to a letter saying how sorry you are and you didn't realise etc and forget about it.

Liquid Knight

Original Poster:

15,754 posts

184 months

Friday 22nd October 2010
quotequote all
Cotty said:
Liquid Knight said:
Some of you may be aware I'm having an issue with the DVLA at the moment. Basically they have issued a SORN fine for a car I declared as scrap over a year before hand.
I don't know which is why I am asking but what happens to the ownership of a car when its scrapped i.e. the V5. I assume it still has you as the owner, what should it show when no one owns it and it gets scrapped?
According to the Continuous Registration Department of the DVLA in Sidcup. "The car is the responsability of the last registered keeper until the DVLA are informed otherwise". Having said that if the DVLA have been informed and not recorded it then it is ultimately the DVLA who is at fault.

The DVLA only keeps records of post recieved for six months so how can they prove I did or did not send a letter to them over a year ago is beyond me.

GarryA

4,700 posts

165 months

Friday 22nd October 2010
quotequote all
See above,

Pay the fine and send a letter in if you have not held up your end of the deal.

Cotty

39,626 posts

285 months

Friday 22nd October 2010
quotequote all
Liquid Knight said:
According to the Continuous Registration Department of the DVLA in Sidcup. "The car is the responsability of the last registered keeper until the DVLA are informed otherwise". Having said that if the DVLA have been informed and not recorded it then it is ultimately the DVLA who is at fault.
Yep. I received a letter this morning saying I had not responded to two previous letters. I sent them an email to confirm my position and that I had responded via telephone previously. They replied that they did have a note of my telephone converstion on file and that the letter was an error.

Its like people don't check things and just post random letters out. I bet the fine letter came from an office (india whistle) who have not got access to the original file and would then not be able to see your letter.

Cotty

39,626 posts

285 months

Friday 22nd October 2010
quotequote all
GarryA said:
From a V5.....

On receipt of notification of keeper disposal, DVLA will issue an acknowledgement letter confirming that the keeper has discharged liability. If you haven't received acknowledgement within 4 weeks then contact DVLA - 0870 240 0010

I take it the O/P has not received a letter and informed the DVLA of this?

If not then I would pay the fine with a cheque attached to a letter saying how sorry you are and you didn't realise etc and forget about it.
GarryA said:
Pay the fine and send a letter in if you have not held up your end of the deal.
So he sent a letter to cancel ownership, they ignore it and send a fine. You would then send them £40 for their incompetence which they cash. Please tell me what you would do if they sent the £80 fine for not paying the £40 fine?

GarryA

4,700 posts

165 months

Friday 22nd October 2010
quotequote all
If you send a V5 to the DVLA they acknowledge it, if you don't get correspondence within 4 weeks then you ring them to let them know / check.

It's on the back of the V5.

Otherwise you get into st like this.

Cotty

39,626 posts

285 months

Friday 22nd October 2010
quotequote all
GarryA said:
If you send a V5 to the DVLA they acknowledge it, if you don't get correspondence within 4 weeks then you ring them to let them know / check.

It's on the back of the V5.

Otherwise you get into st like this.
Answer the question "Please tell me what you would do if they sent the £80 fine for not paying the £40 fine?"

andym1603

1,815 posts

173 months

Friday 22nd October 2010
quotequote all
Hi,
I have been following this thread and have come to the following conclusion, A lot of Pistonhead members are easily parted with their cash. Okay £40 or £80 might not mean alot to some but to others it clearly is. This is the bracket I fall into. I would not like to be mugged/robbed of any money whether by the DVLA or other organisation.
Looking at the V5 unless you note down the number the seller will not have a copy, as the new keeper gets the green section and the seller posts the rest to the DVLA.
I am sure everybody has better things to do than watch the post then the calendar,everyday to work out the four or six weeks then phone a number you have not got.
The whole system needs a revamp to stop this government run farce.
Andy..

BliarOut

72,857 posts

240 months

Friday 22nd October 2010
quotequote all
GarryA said:
From a V5.....

On receipt of notification of keeper disposal, DVLA will issue an acknowledgement letter confirming that the keeper has discharged liability. If you haven't received acknowledgement within 4 weeks then contact DVLA - 0870 240 0010

I take it the O/P has not received a letter and informed the DVLA of this?

If not then I would pay the fine with a cheque attached to a letter saying how sorry you are and you didn't realise etc and forget about it.
Read up on the interpretations act, that paragraph has no legal standing.

Ean218

1,968 posts

251 months

Friday 22nd October 2010
quotequote all
GarryA said:
If you send a V5 to the DVLA they acknowledge it, if you don't get correspondence within 4 weeks then you ring them to let them know / check.

It's on the back of the V5.

Otherwise you get into st like this.
It's on the back of the V5 which you have sent to them in the post!

MarJay

2,173 posts

176 months

Friday 22nd October 2010
quotequote all
There is a guy over on Bikechatforums who goes by the name of Sickpup who proved that claiming they had not received a letter from you is not adequate proof that you didn't send it. The act of sending the letter to them consitiutes informing them or something. I'll try to dig out the thread.

Here it is, I've found it...:

http://www.bikechatforums.com/viewtopic.php?p=2337...

Cotty

39,626 posts

285 months

Friday 22nd October 2010
quotequote all
MarJay said:
There is a guy over on Bikechatforums who goes by the name of Sickpup who proved that claiming they had not received a letter from you is not adequate proof that you didn't send it. The act of sending the letter to them consitiutes informing them or something.
Send it recorded delivery and keep the reciept. Job done

scottdav

165 posts

172 months

Friday 22nd October 2010
quotequote all
I've paid two after they knew the vehichles were scrapped. My dad's had one. A few friends too.

We all went the "£40 is cheaper than legal fee's for a battle they'll win with thier stupidly expensive lawyers i pay for"
or, "for £40 it isn't worth the hastle and time"
or, "£40 now or i question it and it's £80 before they've replied" approach.

I'm sure it's what they pray on and use it for more bonuses.
Very best of luck!

GarryA

4,700 posts

165 months

Friday 22nd October 2010
quotequote all
Cotty said:
GarryA said:
If you send a V5 to the DVLA they acknowledge it, if you don't get correspondence within 4 weeks then you ring them to let them know / check.

It's on the back of the V5.

Otherwise you get into st like this.
Answer the question "Please tell me what you would do if they sent the £80 fine for not paying the £40 fine?"
TBH I have had this, I kicked off and they came back saying I didn't tell them that I had no acknowledgement so I thought fck it and paid the fine.

Ean218 said:
GarryA said:
If you send a V5 to the DVLA they acknowledge it, if you don't get correspondence within 4 weeks then you ring them to let them know / check.

It's on the back of the V5.

Otherwise you get into st like this.
It's on the back of the V5 which you have sent to them in the post!
They give you instructions on what to do, do you not read owt before signing it?

skodamanpat

367 posts

180 months

Friday 22nd October 2010
quotequote all
It would be interesting to hear from anyone who as contacted the DVLA after the 4 week period from sending off the V5 as to their response.

I would guess at

A) we are extremely busy give it another 4 weeks (or until we send you a fine)

or

B) yes we have, we have posted it so you must have it ( and then send you a fine)

GarryA

4,700 posts

165 months

Friday 22nd October 2010
quotequote all
skodamanpat said:
It would be interesting to hear from anyone who as contacted the DVLA after the 4 week period from sending off the V5 as to their response.

I would guess at

A) we are extremely busy give it another 4 weeks (or until we send you a fine)

or

B) yes we have, we have posted it so you must have it ( and then send you a fine)
If you do not get the letter but ring them then they will check the records to see if the details have been ammended, if they have then ok, if not they know there is a problem and you have made them aware of it and you have discharged your responsibility.


skodamanpat

367 posts

180 months

Friday 22nd October 2010
quotequote all
GarryA said:
skodamanpat said:
It would be interesting to hear from anyone who as contacted the DVLA after the 4 week period from sending off the V5 as to their response.

I would guess at

A) we are extremely busy give it another 4 weeks (or until we send you a fine)

or

B) yes we have, we have posted it so you must have it ( and then send you a fine)
If you do not get the letter but ring them then they will check the records to see if the details have been ammended, if they have then ok, if not they know there is a problem and you have made them aware of it and you have discharged your responsibility.
And when you remind them that you have discharged your duty by ringing them they will ask if you have any record of the conversation as it is not showing on their records in the same way as they couldn't find your V5.

would i be wrong in assuming you work somewhere in Swansea?

BonzoG

1,554 posts

215 months

Friday 22nd October 2010
quotequote all
GarryA said:
They give you instructions on what to do, do you not read owt before signing it?
What basis in law does this particular "instruction" have? It's at odds with the Interpretation Act, section 7. Note that the modifications/annotations/exclusions listed below mention nothing to do with the DVLA...