DVLA Late Licensing Penalty - advice required
Discussion
I've just received a late licensing penalty for a car I sold last year. It's £40 if I pay before the end of may, £80 after.
I didn't have a log book for the car I sold (to a dealer, whom I bought my new car from), so I contacted the DVLA via live chat. They told me to send a letter stating the time of sale and who I'd sold it to, and they'd be able to transfer the vehicle to the new owner.
I sent them said letter, along with the chat transcript last year. A couple of months later I received a letter warning me that the car (that I'd sold) was untaxed and I faced a penalty unless I taxed it. This letter had a slip on the bottom, to be filled in if you no longer owned the car. So I completed the slip, and sent it back to them.
In April I received another letter, something along the lines of my car was still untaxed, and because I hadn't taxed it, they were going to persue me via debt collectors for the money (unless I paid a fine). So I sent them another letter, stating I know longer owned the car.
On the 7th April, I received a letter from them acknowledging that I know longer owned the car, and I thought all was well.
Today I've received a letter from the enforcement centre stating I still need to pay the fine, as there's no proof that I wasn't the registered keeper prior to them receiving my letter sent in April.
Does anyone know how I can get out of paying the fine?
If common sense were applied, it's clear to see I drove to a garage 100 miles away, sold my car to them and bought my new car which I drove back home. Likely this isn't enough to persuade them. I presume they must be thinking I got a train to the garage, bought my new car, drove it home and then lied that I'd sold my old car to the garage, all to get out of paying 4 months car tax.
FWIW, the first two letters I sent standard second class, and they apparently never received them. The third letter I sent via recorded mail, and miraculously this one was received by them.
Thanks for any advice.
I didn't have a log book for the car I sold (to a dealer, whom I bought my new car from), so I contacted the DVLA via live chat. They told me to send a letter stating the time of sale and who I'd sold it to, and they'd be able to transfer the vehicle to the new owner.
I sent them said letter, along with the chat transcript last year. A couple of months later I received a letter warning me that the car (that I'd sold) was untaxed and I faced a penalty unless I taxed it. This letter had a slip on the bottom, to be filled in if you no longer owned the car. So I completed the slip, and sent it back to them.
In April I received another letter, something along the lines of my car was still untaxed, and because I hadn't taxed it, they were going to persue me via debt collectors for the money (unless I paid a fine). So I sent them another letter, stating I know longer owned the car.
On the 7th April, I received a letter from them acknowledging that I know longer owned the car, and I thought all was well.
Today I've received a letter from the enforcement centre stating I still need to pay the fine, as there's no proof that I wasn't the registered keeper prior to them receiving my letter sent in April.
Does anyone know how I can get out of paying the fine?
If common sense were applied, it's clear to see I drove to a garage 100 miles away, sold my car to them and bought my new car which I drove back home. Likely this isn't enough to persuade them. I presume they must be thinking I got a train to the garage, bought my new car, drove it home and then lied that I'd sold my old car to the garage, all to get out of paying 4 months car tax.
FWIW, the first two letters I sent standard second class, and they apparently never received them. The third letter I sent via recorded mail, and miraculously this one was received by them.
Thanks for any advice.
Brave PX acceptance there 
I would be very tempted to send a written reply (email is fine, but as you discovered, registered post is better), stating that as per the evidence of their own systems, they were informed via LiveChat at the time, you consider that you have complied with the gov.uk statement
I would be very tempted to send a written reply (email is fine, but as you discovered, registered post is better), stating that as per the evidence of their own systems, they were informed via LiveChat at the time, you consider that you have complied with the gov.uk statement
Gov.uk said:
You must tell DVLA you’ve sold the vehicle and give them the full name and address of the buyer. If you do not do this, any vehicle tax refund you’re owed might be affected.
that you consider a lack of joined up systems in DVLA IT to be a DVLA problem, not yours, and you consider the matter closed. Problem is that DVLA go letter, letter about fine, debt collector, so you dont get to tell a judge they are being buffoons. Stay on top the the process.Anything I've ever sent to DVLA by snail mail has been sent by recorded delivery.
To date I've never had a problem.
Mrs p had a problem with HMRC a few years ago when they claimed her tax return had been sent in late and she now owed them £100 by way of penalty.
I'd photo copied everything and sent it by recorded delivery.
So I was able to send them a copy of all the post details showing date & place of posting & date & time of delivery with a 'signature' squiggle.
Proving they'd received it well before the latest submission date.
Got a letter from them cancelling the 'fine' and telling us that no further action would be taken.
No apology but hey ho.
To date I've never had a problem.
Mrs p had a problem with HMRC a few years ago when they claimed her tax return had been sent in late and she now owed them £100 by way of penalty.
I'd photo copied everything and sent it by recorded delivery.
So I was able to send them a copy of all the post details showing date & place of posting & date & time of delivery with a 'signature' squiggle.
Proving they'd received it well before the latest submission date.
Got a letter from them cancelling the 'fine' and telling us that no further action would be taken.
No apology but hey ho.
If you've posted the the letter, that's all you needed to do legally, DVLA may say different, but they are wrong... (Been on here a few times)
Just reply back to them, reference your letters and say you've done it and are therefore not paying a fine.
If they do try to take it to court, their solicitor will drop it on the day - source, a work colleague who had the same situation, except his v5 was lost in the post/DVLA...
Just reply back to them, reference your letters and say you've done it and are therefore not paying a fine.
If they do try to take it to court, their solicitor will drop it on the day - source, a work colleague who had the same situation, except his v5 was lost in the post/DVLA...
Hindsight should've paid £25 to get a duplicate V5C and really surprised the dealer didn't insist you did that.
I'm pretty sure I read somewhere once that the onus was on DVLA to prove you didn't notify them rather than the other way around but I can no longer find that thread which is annoying.
I'd try sending a copy of the px purchase invoice and sales invoice of the car you bought (black out costs, it is not relevant if you wish) to argue your case now.
I'm pretty sure I read somewhere once that the onus was on DVLA to prove you didn't notify them rather than the other way around but I can no longer find that thread which is annoying.
I'd try sending a copy of the px purchase invoice and sales invoice of the car you bought (black out costs, it is not relevant if you wish) to argue your case now.
Tracy Island said:
I didn't have a log book for the car I sold (to a dealer, whom I bought my new car from), so I contacted the DVLA via live chat. They told me to send a letter stating the time of sale and who I'd sold it to, and they'd be able to transfer the vehicle to the new owner.
You contacted DVLA via live chat and told them you'd sold the car.So you HAVE told them regardless of you sending a letter.
Have you still got a copy of the online chat?
You are not guilty of a late licensing penalty. You have to still own the car to be guilty of that.
Edited by Trevor555 on Saturday 22 May 20:01
Edited by Trevor555 on Saturday 22 May 20:07
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