DVLA sold car, no insurance/tax "fine"
DVLA sold car, no insurance/tax "fine"
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Discussion

pits

Original Poster:

6,704 posts

220 months

Wednesday 18th May 2016
quotequote all
For a friend, I'm trying to find the relevant info/case law for this.
Sold car back in November to a dealer
DVLA now sending fine for no insurance/tax
Car dealer has provided proof car was sold to them in November and this has been passed onto the DVLA
Still trying to take her to court over the matter.

marshalla

15,902 posts

231 months

Wednesday 18th May 2016
quotequote all
Did she send the relevant part of the V5C to DVLA at the time ?

pits

Original Poster:

6,704 posts

220 months

Wednesday 18th May 2016
quotequote all
Yes, it was the relevant part was posted at the time of sale.

The Mad Monk

11,546 posts

147 months

Wednesday 18th May 2016
quotequote all
pits said:
Yes, it was the relevant part was posted at the time of sale.
Did she receive an acknowledgement?

KevinCamaroSS

13,846 posts

310 months

Wednesday 18th May 2016
quotequote all
pits said:
Yes, it was the relevant part was posted at the time of sale.
When dealing with the DVLA I always send documents to the correct PO Box number and by Special Delivery. It costs a few quid but provides proof of receipt by DVLA, they cannot argue against that.

V8RX7

28,982 posts

293 months

Wednesday 18th May 2016
quotequote all
pits said:
Yes, it was the relevant part was posted at the time of sale.
Either phone them or send a very abrupt letter asking them to confirm exactly how much of their mail goes missing, then stating that the correct part was posted and that you can't be held liable for their incompetence.

It's always worked for me.


av185

20,464 posts

157 months

Wednesday 18th May 2016
quotequote all
In the absence of confirmation from the DVLA within 6 weeks, the onus is on the seller to contact them otherwise they will issue a fine.

Fish

4,064 posts

312 months

Wednesday 18th May 2016
quotequote all
av185 said:
In the absence of confirmation from the DVLA within 6 weeks, the onus is on the seller to contact them otherwise they will issue a fine.
While the DVLA suggest this is good practice..

There is no legal requirement for a seller to do this merely send the V% info off. If it goes missing in the post it is technically their problem...

However it is easier to send signed etc...

Cliftonite

8,750 posts

168 months

Wednesday 18th May 2016
quotequote all
Fish said:
While the DVLA suggest this is good practice..

There is no legal requirement for a seller to do this merely send the V% info off. If it goes missing in the post it is technically their problem...

However it is easier to send signed etc...
But what proportion of 'Signed for' letters sent to DVLA actually get signed for? Any? 100% failure rate on my recent sample of just 2!


Vixpy1

42,699 posts

294 months

Wednesday 18th May 2016
quotequote all
Cliftonite said:
Fish said:
While the DVLA suggest this is good practice..

There is no legal requirement for a seller to do this merely send the V% info off. If it goes missing in the post it is technically their problem...

However it is easier to send signed etc...
But what proportion of 'Signed for' letters sent to DVLA actually get signed for? Any? 100% failure rate on my recent sample of just 2!
Tried it several times, always delivered with no signiture

Starfighter

5,351 posts

208 months

Wednesday 18th May 2016
quotequote all
Interpretations Act. A statement of posting is enough. If it is lost in the system then it is thier problem and not yours.

4rephill

5,168 posts

208 months

Wednesday 18th May 2016
quotequote all
Starfighter said:
Interpretations Act. A statement of posting is enough. If it is lost in the system then it is thier problem and not yours.
Meanwhile............Back in the real World!............ rolleyes

silent ninja

867 posts

130 months

Wednesday 18th May 2016
quotequote all
4rephill said:
Starfighter said:
Interpretations Act. A statement of posting is enough. If it is lost in the system then it is thier problem and not yours.
Meanwhile............Back in the real World!............ rolleyes
That is the real world. You just need proof of postage. Contract law

marshalla

15,902 posts

231 months

Wednesday 18th May 2016
quotequote all
silent ninja said:
4rephill said:
Starfighter said:
Interpretations Act. A statement of posting is enough. If it is lost in the system then it is thier problem and not yours.
Meanwhile............Back in the real World!............ rolleyes
That is the real world. You just need proof of postage. Contract law
Firstly, it's the Interpretation Act (no "s")
Secondly, it relates to service by post and there's no mention of service by post in the legislation relating to updating keeper details.

catso

16,505 posts

297 months

Wednesday 18th May 2016
quotequote all
KevinCamaroSS said:
When dealing with the DVLA I always send documents to the correct PO Box number and by Special Delivery. It costs a few quid but provides proof of receipt by DVLA, they cannot argue against that.
I bought a car for my Son in November. The seller did the documentation online, presumably this way you get an immediate receipt/proof and avoid postage times & cost...

John145

2,748 posts

186 months

Thursday 19th May 2016
quotequote all
I had the same, I received the receipt that the owner had changed from the DVLA then thought "surely they can't fk it up now." and duly recycled the receipt.

Sure enough, they could fk it up. Several months later, fine through the post. Hasty hand written response and a few weeks later it was dropped.

They are so far beyond incompetent they should have any powers revoked.