Alleged failure to notify DVLA of change of owner

[monthefish]

Has anyone had a court summons (and offer to pay out of court extortion settlement) for the above?

Situation as follows (as simple and uncomplicated as it sounds):
- cheap car ( <£1k ) sold via ebay.
- Deposit paid by buyer immediately via paypal.
- Buyer collects car a week or so later, paying cash for the balance.
- V5 filled in at this time, main bit sent to DVLA, new keeper takes supplement (and the car).


A few months later, court summons received for failure to notify the DVLA.

[monthefish]

The next day or so.

[monthefish]

TooMany2cvs said:

Retroman said:

Is there not some information on the V5 that says DVLA will notify you within X days / weeks when you are no longer the keeper of the vehicle and if you don't receive this confirmation you should chase it up with them?

There is - but whilst it's certainly a wise precaution, it's not a legal requirement.

Yes, in hindsight, knowing how feckless and incompetent the DVLA are, I perhaps should have done this, but this failing is hardly worth a court summons.

[monthefish]

B'stard Child said:

monthefish said:

Has anyone had a court summons (and offer to pay out of court extortion settlement) for the above?

Situation as follows (as simple and uncomplicated as it sounds):
- cheap car ( <£1k ) sold via ebay.
- Deposit paid by buyer immediately via paypal.
- Buyer collects car a week or so later, paying cash for the balance.
- V5 filled in at this time, main bit sent to DVLA, new keeper takes supplement (and the car).


A few months later, court summons received for failure to notify the DVLA.

Was it taxed? Lack of refund cheque would have set alarm bells ringing for me...

Thanks, good thinking but the sale was prior to the change in legislation. (which is why I'm surprised to be getting involved so many months later)

B'stard Child said:

Doesn't matter anyway - if you posted the V5 off to DVLA (even normal post) you've complied with the legislation

That's what I thought, but worth fighting it do you think?

I've already sent a letter of explanation, including copies of all of the docs (ebay sale details, paypal receipt etc), but they've replied basically ignoring all of it and they still want me to pay up.
I'm 50:50 - when I received their latest reply, I was pretty peeved off and thought 'bring it on, do your worst, see yoo in court' but on the other hand, £35 isn't a great deal of money and, although the thought of paying up when I've done nothing wrong stings a bit, life is short and I'm already theoretically financially worse off by taking the time to reply in the first place!

B'stard Child said:

Do you still have the buyers details? If so ask if he has a Reg doc yet? I would think that he's probably had to apply for one using the green slip and it's for a while ago so DVLA think they've caught a live one

Yes, still have the chaps name address (it's on the paypal receipt for example). I've e-mailed him.

[monthefish]

Red Devil said:

monthefish said:

Has anyone had a court summons (and offer to pay out of court extortion settlement) for the above?

Situation as follows (as simple and uncomplicated as it sounds):
- cheap car ( <£1k ) sold via ebay.
- Deposit paid by buyer immediately via paypal.
- Buyer collects car a week or so later, paying cash for the balance.
- V5 filled in at this time, main bit sent to DVLA, new keeper takes supplement (and the car).


A few months later, court summons received for failure to notify the DVLA.

Are you sure it is a summons not a Requisition? - http://www.legalbeagles.info/forums/showthread.php...
Also there are intermediate steps before it gets to that stage. It would seem you have ignored them. Why?

Great link, many thanks. (Nice to know I'm not alone if nothing else).

Apologies if I've not described the documents correctly - the gist of it was basically 'pay up now or we're taking you to court' there was no mention of a court date or anything like that, so I'm assuming these are the intermediate steps happening now (i've not ignored anything)
Unfortunately I don't still have the original letter it as I sent it back to them with my reply (mentioned in my post above), but if I'm taking them on, I'll get another copy.

[monthefish]

B'stard Child said:

Well they lost a significant revenue stream with the abolition of 12 mth SORN (for VED and or Insurance) so with all those staff previously employed to hunt down people who forgot to renew the SORN they couldn't lay them off - it would have been a political disaster - or am I being cynical

Perhaps. but you're probably giving them more credit than they're due. I think they are simply incompetent.

Plus, they're making up the additional revenue by gaining an extra months worth of VED per car in any year that car is sold (13 instead of 12)

B'stard Child said:

monthefish said:

B'stard Child said:

Doesn't matter anyway - if you posted the V5 off to DVLA (even normal post) you've complied with the legislation

That's what I thought, but worth fighting it do you think?

I bloody would

Yes, I'm minded to also but in doing so I may win the battle, but have already lost the war (by wasting precious time on it)

B'stard Child said:

Dear DVLA

The one thing I would advise is that writing long letters doesn't work it just encourages them to keep writing back - you need to be really really to the point.


Ref "their reference"

This is the last communication I will be making

I fully complied with my obligations under law and posted the correctly completed V5 to DVLA on X Date and I am not liable for any fine.

Should you wish to have further discussion regarding this then it will be in a courtroom.

Me

Like it.

Edited by monthefish on Friday 17th July 10:36

[monthefish]

B'stard Child said:

Porkbrain said:

B'stard Child said:

Porkbrain said:

Thats a bit quick to surmise that RM have lost it.

The DVLA state they will confirm the change of keeper within 4 weeks.

Having just sold a motorhome and a car the notifications, and VED refunds, arrived about 16 days after posting the notification slips to them.

What happens when RM lose it???

If you haven't had confirmation within 4 weeks then YOU have to contact the DVLA to inform them of the fact.

See that's where I have an issue with the "rules"

I'll set the scene - I rarely change my car in fact on average my ownership period is close to 10 years for a car (I don't much like depreciation)

I've bought a new car (I've taxed it insured it)

My old car I've SORN'd as the insurance has been transfered and because I have sorn'd I have a VED refund on route

I sell the old car to someone - I wave goodbye to car - I've been paid for it in cash I've done the due diligence and completed the reg doc with all the new owners details and he has the new keeper slip

I send the reg doc off and I'm done

Now I'm a busy person and now the onus is apparently on me to remember to check in 4 weeks that I've had an acknowledgement of the change

An acknowledgement that could just as equally get lost in the post

The DVLA's stipulation falls on the wrong party I think.........

I don't believe there's any legal requirement to check that the acknowledgement has been received (nor any legal requirement to take any action in the case that it hasn't).