DVLA says no..
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Discussion

carreauchompeur

Original Poster:

18,323 posts

234 months

Monday 19th December 2016
quotequote all
Folks,

Very annoying situation and after some similar experiences to know how to proceed...

I've been away for the last 15 months (provable by passport stamps etc) and was storing my car at a mate's house. Subsequently decided to sell up, advertised on eBay and sold to a guy from Birmingham. My friend swears blind he filled in the V5 and sent it off. This was on the 28th May. Great! Unfortunately I wasn't in a position to check and (benefit of hindsight) I didn't have the V5 reference number to tell them online I was no longer keeper.

I've got home to a string of letters from DVLA dated between Sept and 2nd December. The first that 'my' direct debit has failed, the second that I am being fined for failing to pay VEL and the third that 'my' car has been impounded in Birmingham!

Now obviously they will pick up the car (7k M3) but then this will trigger the whole 'haven't informed change of keeper' bks and another fine!

These forms have a section on the back for explaining circumstances but has anyone successfully fought their corner from a similar situation? I personally am slightly confused about what's happened since May, I did chat to the guy who bought it online and he said he was selling it after the summer but how he's achieved this with no V5 I am stumped!

hidetheelephants

36,060 posts

223 months

Monday 19th December 2016
quotequote all
Not helpful to your situation but given that you can now deal with this stuff online I despair of anyone relying on bits of paper and the postman by choice.

V8RX7

28,982 posts

293 months

Monday 19th December 2016
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"I sent it"

You don't have to prove it.

You may wish to ask them how many letters sent to them go missing or ask the Royal Mail similar.


Rubber-Ducky

284 posts

235 months

Monday 19th December 2016
quotequote all
hidetheelephants said:
Not helpful to your situation but given that you can now deal with this stuff online I despair of anyone relying on bits of paper and the postman by choice.
I wasn't aware that you could notify DVLA of change of RK online. When did that change?

carreauchompeur

Original Poster:

18,323 posts

234 months

Monday 19th December 2016
quotequote all
Thanks, most annoying but dealing with such matters from a smalll Ecuadorean island is not an optimal situation! I had pictures of all sorts of service history bks but not the actual V5 so, no Doc No, no joy...

Overall is the DVLA worth arguing with or just chalk it up and pay up?

catso

16,492 posts

297 months

Monday 19th December 2016
quotequote all
Rubber-Ducky said:
I wasn't aware that you could notify DVLA of change of RK online. When did that change?
From personal experience, at least a year ago. Much better system, you get an immediate confirmation by email and don't need to rely on the post or pay for a stamp.

hidetheelephants

36,060 posts

223 months

Tuesday 20th December 2016
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catso said:
Rubber-Ducky said:
I wasn't aware that you could notify DVLA of change of RK online. When did that change?
From personal experience, at least a year ago. Much better system, you get an immediate confirmation by email and don't need to rely on the post or pay for a stamp.
Yup, it was rolled out a little over a year ago.

gnc

448 posts

145 months

Tuesday 20th December 2016
quotequote all
pre sorn days, i sold a car, trusted new buyer to change name ( silly i know ) moverd house, and later when i phoned an old neighbour they said baliffs had been around. turns out it was for a unpaid parking fine. so i got in touch with the car parking people,did a bit of grovelling, had to prove i wasnt the owner at the time, in the end i had to swear a statement in front of a solicitor and was let off. dont trust any one now. hope this helps.

esxste

4,292 posts

136 months

Tuesday 20th December 2016
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carreauchompeur said:
Thanks, most annoying but dealing with such matters from a smalll Ecuadorean island is not an optimal situation! I had pictures of all sorts of service history bks but not the actual V5 so, no Doc No, no joy...

Overall is the DVLA worth arguing with or just chalk it up and pay up?
V5 isn't proof of ownership. It's proof of who is the registered keeper.

If I recall correctly, its your responsibility to send off the slip on the V5 notifying the change of keeper. It's not your responsibility to ensure the DVLA receive it and process it properly.

You've been out of the country, and I assume are not in possession of the car.

I'd say fight it. You appear to have perfectly reasonable explanations.



brrapp

3,701 posts

192 months

Tuesday 20th December 2016
quotequote all
Just reply to all correspondence stating that you are no longer the keeper and that change of keeper notification was sent on 28th May. I've found that they'll accept this and amend their records, dropping any penalties picked up in the interim.
I think they recognise that they make enough mistakes not to pursue anything like this and will accept your statement.

carreauchompeur

Original Poster:

18,323 posts

234 months

Tuesday 20th December 2016
quotequote all
brrapp said:
Just reply to all correspondence stating that you are no longer the keeper and that change of keeper notification was sent on 28th May. I've found that they'll accept this and amend their records, dropping any penalties picked up in the interim.
I think they recognise that they make enough mistakes not to pursue anything like this and will accept your statement.
I hope so, I have slightly less faith in their benevolence but it's worth a shot. At least this might get rid of the tax penalties since someone's clearly taxed it at least once since and it's clearly not me! Heavens knows why the buyer hasn't bothered with a v5 since May though...

johnao

698 posts

273 months

Tuesday 20th December 2016
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catso said:
Rubber-Ducky said:
I wasn't aware that you could notify DVLA of change of RK online. When did that change?
From personal experience, at least a year ago. Much better system, you get an immediate confirmation by email and don't need to rely on the post or pay for a stamp.
And, if you're the buyer and agree with the seller that your email address may be disclosed to the DVLA, you'll get an automated email of confirmation that the seller has informed the DVLA and confirmation of your address as the new keeper.

Rubber-Ducky

284 posts

235 months

Tuesday 20th December 2016
quotequote all
johnao said:
catso said:
Rubber-Ducky said:
I wasn't aware that you could notify DVLA of change of RK online. When did that change?
From personal experience, at least a year ago. Much better system, you get an immediate confirmation by email and don't need to rely on the post or pay for a stamp.
And, if you're the buyer and agree with the seller that your email address may be disclosed to the DVLA, you'll get an automated email of confirmation that the seller has informed the DVLA and confirmation of your address as the new keeper.
That's really good to know. I always used to ensure I obtained proof of postage whenever I sent anything to DVLA in order to cover my arse in exactly this kind of situation. I'm glad it can all now be done online in the presence of both the buyer and the seller - a clear step forward.

carreauchompeur

Original Poster:

18,323 posts

234 months

Tuesday 20th December 2016
quotequote all
Definitely good to do. I've sent a damage limitation signed statement to Dervla now so will keep fingers crossed.

PH XKR

1,761 posts

132 months

Wednesday 21st December 2016
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V8RX7 said:
"I sent it"

You don't have to prove it.

You may wish to ask them how many letters sent to them go missing or ask the Royal Mail similar.

This! On one occasion after selling a car they did the same to me, I had sent it, I told them it had been posted to them and that was that. On another occasion I forgot to send it but said I did, end of issue.

Both done over the phone. You just have to tell them you posted it, you don't have to prove anything else.