DVLA fine for someone else's car!

Chris71

Hi,

I'm new to the site and wondered if anyone could advise me on a dispute with the DVLA.

The other day I got a letter froma debt collection agency claiming I owed £80 in fines for unpaid car tax. However, I sold the car in question nearly 18 months ago. It seems the muppets in Swansea screwed up and the car has remained in my name and the current owner has failed to tax it. I got nowhere with a phone call last night, so just sent the following letter:

Ref: Sylva Leader XXXX XXX / case no xxxxxxxxxxx
Dear Sir or Madam,
I am alarmed to have received a debt recovery notice for the above vehicle which I sold over a year ago. The paperwork was sent off to the DVLA immediately after the sale.
I was not aware of any problems with the sale whatsoever and I have since changed address. As a result the credit company’s letter was the first indication I have received of any issues. Had I been aware of the situation I would have addressed it immediately (despite no longer owning the car).
I am keen to assist the DLVA in any way possible in resolving this matter, but I do not believe the fine is fair or appropriate.
I look forward to hearing from you soon.
Yours Faithfully,
So, basically I have three questions:

Firstly, can anyone suggest anything to help my case with the fine?

Secondly, at what point do I risk picking up CCJs etc in the process of contesting this. I'm a very ordinary, law-abiding person, but I resent going down without a fight, however I'm slightly worried about blighting my credit history and falling foul of future mortgages etc.

Finally, ignoring whatever happens with the top two what should I do about the car? It appears the new owner is not, legally, the new owner (if that makes sense) and I no longer have his details. Surely he (or the DVLA) needs to know?

Many thanks,

Chris

nomoneytoday

Apparently you should chase if you don't get a letter after 6 weeks...

mazza111

Indeed, if after 6 weeks you haven't received a notice that you are no longer the registered keeper then you are supposed to contact them. I got caught once, now after a couple of weeks i give them a call just to make sure they have received the documents back. Really don't know how successful you will be with this. Sorry, I know it's not what you want to hear

dacouch

Agree with previous posters, the DVLA work on the basis of its your responsibility to check they have a) received the letter b) actually processed the change.

There are people who have proof the DVLA have received the letter either by sending it recorded or ringing to ask if they received it. The DVLA have then not processed the change of ownership and its still deemed the previous owners fault!

Have a look at honestjohn website as he has a lot about it on there as its one of his pet hates

Akom

I've just been caught out on that too. Traded in my car with a garage and they insisted they'd send the log book off to DVLA. This was just before last Christmas, however a week ago i got the £80 penalty. I sent them a letter explaining and a copy of the reciept as proof. Their response was i was still responsible and if i hadn't heard back from them within 4 weeks to confirm they had changed the details then i should have chased it.

Just sent cheque for £40 (cheaper if you respond quick) with clenched fist. As always when goverments set up these new systems they catch easy law abiding citizens who make simple mistakes rather than the people who should of taxed the car in the 1st place :mad: End of rant :j

FYI - i tried to contact the garage but it looks like they have gone bust.:rolleyes:

Chris71

Hi guys,

Thanks for the responses.

Akom wrote: »

I got the £80 penalty... Just sent cheque for £40

How come you went for £40, were you able to meet them 'half way'?

So the consensus seems to be I'm screwed with the fine (stupid as that is). Any thoughts on the other issues - what to do about "my" car now and whether or not I'll have gained any unwanted credit history during this fascade.

I really can't believe that I'm being fined for a combination of DVLA incompetence and the new owner failing to tax his car. I've sold plenty of other cars previously and can't honestly remember ever getting a letter to confirm the new ownership!

Inactive

Chris71 wrote: »

Hi,

I'm new to the site and wondered if anyone could advise me on a dispute with the DVLA.

The other day I got a letter froma debt collection agency claiming I owed £80 in fines for unpaid car tax. However, I sold the car in question nearly 18 months ago. It seems the muppets in Swansea screwed up and the car has remained in my name and the current owner has failed to tax it. I got nowhere with a phone call last night, so just sent the following letter:

Surely you would have received a tax reminder in that time? ( 18 months ).

Chris71

Inactive wrote: »

Surely you would have received a tax reminder in that time? ( 18 months ).

I moved house about 4 months after I sold the car. I had mail redirected for a month or two thereafter as well, but obviously I stopped that once I'd transferred everything else to my new address. The only reason the current letter found me - I'm guessing - is because the baliffs traced me on the electoral roll.

That's another source of annoyance - even though it's not my car I'd have talked to the DVLA before it reached this point if the letters had got to me.

The vindictive part of me is quite tempted to register it as scrapped or something if the new guy's failure to tax the car leads to me being fined.

vikingaero

Chris71 wrote: »

The vindictive part of me is quite tempted to register it as scrapped or something if the new guy's failure to tax the car leads to me being fined.

It's likely that the guy who bought the car wants to keep it in your name and drive it around "unregistered". Then if he gets stopped by the Police he can claim he just bought it.

Chris71

To be fair, it was a very minimalist kit car, so I suspect it's being used as a trackday-only toy or even kept off the road altogether in the winter. There's probably nothing dodgy afoot - he's just forgotten to tax it, but that doesn't mean I'm inclined to pay his fine.

Akom

Chris71 wrote: »

Hi guys,

Thanks for the responses.



How come you went for £40, were you able to meet them 'half way'?

So the consensus seems to be I'm screwed with the fine (stupid as that is). Any thoughts on the other issues - what to do about "my" car now and whether or not I'll have gained any unwanted credit history during this fascade.

I really can't believe that I'm being fined for a combination of DVLA incompetence and the new owner failing to tax his car. I've sold plenty of other cars previously and can't honestly remember ever getting a letter to confirm the new ownership!

If you respond quickly the fine is halved, a bit like parking fines. I'm guessing because your fine was old you wouldn't qualify for this.

I do feel your pain though.