DVLA are out to get me!!!

Author
Discussion

therevday

Original Poster:

374 posts

208 months

Thursday 22nd June 2017
quotequote all
Hello all I am looking for some advice. I sold a car in July 2016 to a trader. The Dvla are now trying to prosecute me for not having insurance for it in Novenber 2016. When the car was sold i filed out the yellow part of the V5 (the trade part) and sent it off to the Dvla. It is my understanding that once I have posted the form off I have no further legal responsibility. Am I right???

sc0tt

18,032 posts

200 months

Thursday 22nd June 2017
quotequote all
The DVLA have no interest in insurance?

therevday

Original Poster:

374 posts

208 months

Thursday 22nd June 2017
quotequote all
I think you will find they do now!!! Its them who are taking me to court next month!!!!

shakotan

10,679 posts

195 months

Thursday 22nd June 2017
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sc0tt said:
The DVLA have no interest in insurance?
Yes they do, under the Continuous Insurance requirements. If it car isn't SORN then it MUST be covered by an Insurance Policy. The MIB and DVLA share data, and any vehicle which comes up as not SORN and also not Insured will be sent a FPN of £100 by the DVLA.

Starfighter

4,908 posts

177 months

Thursday 22nd June 2017
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They do now. The law was changed to require continual insurance and the RK is responsible for this.

If the correct part of the paperwork was sent off the DVLA then you should be OK as you have done what you are required to do by law. Call them and tell them that you sent in the paperwork. They will blame you but there a loads of cases where DVLA lost the paperwork.

anonymous-user

53 months

Thursday 22nd June 2017
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The DVLA send penalties under the Continuous Insurance Enforcement scheme.

They should send a warning letter to the RK first, did you receive one?

I'd call them and discuss the matter.

havoc

29,923 posts

234 months

Thursday 22nd June 2017
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1) Do you have any form of receipt from the trader, or any other documentation proving the sale. If so, send it to them.

2) Did you send the yellow slip off recorded delivery? (Yes, I know it was a year ago...) If not they may still have you for failure to notify...

therevday

Original Poster:

374 posts

208 months

Thursday 22nd June 2017
quotequote all
I didn't send the letter recorded delivery. I have sent loads in before this without any problem. I thought as soon as i posted the letter it was considered served on the DVLA. It seems to me if they send me something by post it is considered served. The stupid thing about all this is I am actually insured to drive it as I have a trade insurance policy. I have told them this and even given them my policy details. Their answer was "give us £50 instead of £100 and we will forget all about it"!! They will not accept it is their mistake.

outnumbered

4,067 posts

233 months

Friday 23rd June 2017
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There is something in the notes on the V5 that says if you haven't had an acknowledgement of sending the change of keeper form with 1 month then it's your responsibility to contact the DVLA to check they received it. Not really fair imho, but that's probably why they are still chasing you for £££.

shakotan

10,679 posts

195 months

Friday 23rd June 2017
quotequote all
outnumbered said:
There is something in the notes on the V5 that says if you haven't had an acknowledgement of sending the change of keeper form with 1 month then it's your responsibility to contact the DVLA to check they received it. Not really fair imho, but that's probably why they are still chasing you for £££.
They can have in their notes that you have to put a banana up your arse whilst filling in your V5C if they want to, doesn't make it legally enforceable.

Andehh

7,107 posts

205 months

Friday 23rd June 2017
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For future reference, I am pretty sure this can all be done online now?

OP - Just find the receipt you made when you sold the car to them, if not that then the date you received the monies paid into your account, if not that the date you bought new car etc etc - basically every bit of paperwork you have that showed the car was sold ''around July 2016' etc


WinstonWolf

72,857 posts

238 months

Friday 23rd June 2017
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shakotan said:
outnumbered said:
There is something in the notes on the V5 that says if you haven't had an acknowledgement of sending the change of keeper form with 1 month then it's your responsibility to contact the DVLA to check they received it. Not really fair imho, but that's probably why they are still chasing you for £££.
They can have in their notes that you have to put a banana up your arse whilst filling in your V5C if they want to, doesn't make it legally enforceable.
Correct, by posting within the correct timescale it is "deemed served".

xjay1337

15,966 posts

117 months

Friday 23rd June 2017
quotequote all
therevday said:
I didn't send the letter recorded delivery. I have sent loads in before this without any problem. I thought as soon as i posted the letter it was considered served on the DVLA. It seems to me if they send me something by post it is considered served. The stupid thing about all this is I am actually insured to drive it as I have a trade insurance policy. I have told them this and even given them my policy details. Their answer was "give us £50 instead of £100 and we will forget all about it"!! They will not accept it is their mistake.
I don't understand how they can take you to court for no insurance if you are insured on the vehicle................ laugh

The DVLA seem to not have any common sense.

SS2.

14,455 posts

237 months

Friday 23rd June 2017
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As far as 'it's insured under a trade policy' is concerned, legislation provides that the vehicle would meet the requirements of CIE if it was covered by a policy or security in the name of the person for any vehicle owned by that person. The potential banana skin here is that, at the time of the alleged offence, it wasn't 'owned' by the OP. Note the relevant regs do make the distinction between 'owned by' and 'in whose name the vehicle was registered'.

Perhaps the better angle is that there is no legal requirement to contact the DVLA if their confirmation of sale or transfer doesn't arrive and that, by your posting of the V5 slip, your obligation to notify them has been fulfilled.

Not entirely sure whether there has been a sea change in the way DVLA approaches these cases over the past few years, but a good starting point might be to search for the 'DVLA vs Liquid Knight' thread on these boards. This should also throw up some relevant (and recent) threads on the subject.

mikal83

5,340 posts

251 months

Friday 23rd June 2017
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Tell them you will counter sue for being hassled etc etc

MorganP104

2,605 posts

129 months

Friday 23rd June 2017
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Andehh said:
OP - Just find the receipt you made when you sold the car to them, if not that then the date you received the monies paid into your account, if not that the date you bought new car etc etc - basically every bit of paperwork you have that showed the car was sold ''around July 2016' etc.
This is the best bit of advice so far. Gather as much evidence as you can, showing you got shot of the car much earlier in the year than the supposed offence date.

mgv8

1,631 posts

270 months

Friday 23rd June 2017
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As we are told so many time, V5 does not show you own the car. Have you contacted the trader?

catso

14,771 posts

266 months

Friday 23rd June 2017
quotequote all
Andehh said:
For future reference, I am pretty sure this can all be done online now?
Indeed it can, you get an immediate confirmation by email so you're covered against the lost-in-the-post/incompetence scenarios.

Also should mean that when selling, for example, if the new owner gets caught on camera before the V5 is received by DVLA then their name is on the ticket rather than yours.

MikeDrop

1,646 posts

168 months

Friday 23rd June 2017
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I'd just pay the £100 and be done with it.

I got taken to court on a car that I'd sold around 18 months previous for no insurance. First I'd heard about it was when they took £500 out of my wages on the back of a successful court order.

I had to attend magistrates to sign a Statutory Declaration to swear I wasn't aware of the proceedings. Then had to attend another hearing in Swansea Magistrates to defend the case. The DVLA prosecutor took me into a room 30 mins before hearing and pointed to the bottom right hand corner of a, very well used, laminated blank log book (V5C). Where, in size 3 white writing on a grey background, said the words "if you do not receive confirmation... within 14 days... your responsibility... blah blah blah". He said, whilst pointing, "this is all the judge cares about. We can settle out of court today for £110 or you can defend the case and risk a £350 fine".

I paid the £110 just to be done with it all. Got the £500 back about 2 months later.

fkers.

SS2.

14,455 posts

237 months

Friday 23rd June 2017
quotequote all
MorganP104 said:
This is the best bit of advice so far. Gather as much evidence as you can, showing you got shot of the car much earlier in the year than the supposed offence date.
The accusation isn't that he used or kept a vehicle on a road (or other public place) without insurance, rather that he was registered as the keeper of a vehicle which didn't have a valid policy in place.