dvla fine for uninsured car- car was written off insure co

[glasgowrob]

Hi folks looking for some advice,


I had an accident back in February which resulted in my car being deemed a total loss and written off.


now the insurance co insisted that I sent all paperwork for the vehicle, log book keys service history etc off to them which they received and paid out for the car.

fast forward to this morning and I have a letter from the DVLA saying the car was uninsured on the 27/06/14 and I am being hit with a £100 fine.

now I've received no correspondence other than this letter and according to the letter I am no liable for the fine because I don't have an acknowledgment from the DVLA that ownership was transferred.

insurance company have been completely unhelpful and suggested I contact the dvla

anyone tell me where I stand here?

Edited by glasgowrob on Monday 7th July 14:04

[rewc]

Did you:
Complete the V5C/3 ‘Notification of sale or transfer’ section of your registration certificate and send it to DVLA and give the rest of the registration certificate to your insurance company?

I guess not and you just sent them the complete V5? See the attached link "Your insurance company may ask you for the whole registration certificate. If this happens, write a letter to DVLA with details of your insurance company and the date you gave them the vehicle". You did do this didn't you and made a copy which you are now forwarding once again to DVLA?
https://www.gov.uk/scrapped-and-written-off-vehicl...

Edited by rewc on Monday 7th July 14:16

[Matt_N]

Yep I did as above, filled in the V5 to transfer ownership to the Ins Co / scrappage agent to both declare it as a loss and claim the remaining tax back and then subsequently had confirmation from the DVLA a few weeks later.

[rewc]

Matt_N said:

Yep I did as above, filled in the V5 to transfer ownership to the Ins Co / scrappage agent to both declare it as a loss and claim the remaining tax back and then subsequently had confirmation from the DVLA a few weeks later.

But if your insurance company had asked for the complete V5 and you had complied with the information to send them a letter of the date and insurance company would it be reasonable and a legal requisite for you to expect an acknowledgement and to take some course of further action if they had not.

[Matt_N]

rewc said:

But if your insurance company had asked for the complete V5 and you had complied with the information to send them a letter of the date and insurance company would it be reasonable and a legal requisite for you to expect an acknowledgement and to take some course of further action if they had not.

Oh aye, I can see the issue.

I complied with what my insurance company told me to do which was as above, but you can see how you can end up in the OPs situation if they asked for the full V5.

[POORCARDEALER]

Just had a mare trying to sort one out with the dvla.

I buy a car unseen, ask customer to send complete v5 with car, customer doesnt he sends it off to dvla in "our" name.

I get a fine through post for not sorning car, I dont have to im in trade I tell them..when i get v5 out and look he has put it in my personal name at my business address.

Write to dvla, explain, I get a standard letter back, your liable etc etc

They have refused to back down, I have never put the car into my name, Ive asked them to show me the V5 with my signature in it, they have ignored that.

Apparently the bailiffs are coming....

[Sheepshanks]

POORCARDEALER said:

They have refused to back down, I have never put the car into my name, Ive asked them to show me the V5 with my signature in it, they have ignored that.

Apparently the bailiffs are coming....

Ask your MP to deal with it. Tell him/her that DVLA are interfering with you carrying on your business. MPs & DVLA hate each other.

You'll have to be quick though as they're about to go on 3mths holiday .

[POORCARDEALER]

Sheepshanks said:

POORCARDEALER said:

They have refused to back down, I have never put the car into my name, Ive asked them to show me the V5 with my signature in it, they have ignored that.

Apparently the bailiffs are coming....

Ask your MP to deal with it. Tell him/her that DVLA are interfering with you carrying on your business. MPs & DVLA hate each other.

You'll have to be quick though as they're about to go on 3mths holiday .

Good idea...DVLA are frustrating tts to deal with

[Pagey]

OP I had a similar situation with a written off vehicle, the insurance companies agent IIRC it was Copart, came and collected the vehicle after I had sent all of the relevant paperwork to the insurers. They insisted on the full V5 and MOT certificate.

I got a fine sent through from DVLA for not notifying them of a change of keeper

Vehicle had been sold at salvage auction and new owner had applied for new V5


I simply wrote to DVLA and explained that insurers had requested full V5 as they had to notify of CAT C/D

IIRC I dad a copy of collections note from Copart and advised them of date and time it was collected. DVLA wrote back and the fine was quashed.

[AndyNetwork]

I sold a car for spares or repair a few months back.

Sent off the V5 and remaining tax for cashing in, in the same envelope.

Fast forward 4 weeks, get the cheque for cashing in my tax, and then the following day a letter saying I am liable for not having declared the car as sorn, it having no tax and no insurance.

Phone DVLA, and say that I notified them by sending off the V5, and they claim I have not, or they have not received it.

State "that's very funny, seeing as I have a print out of the signature from the royal mail signed for delivery, and the cheque for the tax in front of me that was in the same envelope!".

DVLA woman goes off saying she needs to investigate, and will put this case "in dispute".

Another week passes, and I receive a letter saying I am no longer responsible for the car, and that all previous correspondence regarding the failure to sorn is to be ignored.

[Cooperman]

POORCARDEALER said:

Just had a mare trying to sort one out with the dvla.

I buy a car unseen, ask customer to send complete v5 with car, customer doesnt he sends it off to dvla in "our" name.

I get a fine through post for not sorning car, I dont have to im in trade I tell them..when i get v5 out and look he has put it in my personal name at my business address.

Write to dvla, explain, I get a standard letter back, your liable etc etc

They have refused to back down, I have never put the car into my name, Ive asked them to show me the V5 with my signature in it, they have ignored that.

Apparently the bailiffs are coming....

The bailiffs are not coming - yet.
Before the Bailiffs can come there has to be a case in the County Courts or the Magistrates Courts as appropriate.
You have not received a 'fine', you have received a Conditional Offer of Fixed Penalty. If you choose not to pay this the DVLA can, if they are feeling lucky, take out a summons against you which, if they lose, will see them having to pay the costs for both sides.
It sounds as though you have a complete and total defence, so let them do their worst, then pay for it!
Good luck with this.

[BrettMRC]

The real issue seems to be the DVLA's default assumption of a perfect service.

A similar issue involving my ex last year, she sold her car to a trader, filled out the appropriate secion of the V5 and sent it off. (Actually I posted it)

A year later it went to court and she lost - merely posting off the signed V5 to the DVLA is not an adequate defence it seems! (It wasn't helped by the trader deciding he couldn't be bothered to make a written statement as the car was worth so little)

Fine & costs are more than the car was worth.

Also worth bearing in mind that they seem to always bring the case to court in Swansea - making it really awkward for most people to attend in person to submit any kind of defence.

All in all this system sucks - the DVLA seems to have no requirement to proove they haven't lost a V5 in their system.