Failure to notify disposal of vehicle-DVLA scam?

johnthebird

Is the DVLA acting illegally?
I think the DVLA is acting inappropriately - possibly without legal grounding. Demanding £55 if I don't pay up. I received a penalty notice today even after sending the notification in!!!


Anyone got any ideas on how to find out if this is enforceable by law?


Have spoken with DVLA and ENforcement Office. They both repeated that it clearly says: " DVLA will issue an acknowledgement letter after 4 weeks to confirm that you are no longer the registered keeper. If the achknowledgement letter is not received please contact the VDLA."
Is this not a request? It says nothing about a legal responsibility to contact them - although it does say "The registered keeper will continue to be liable for the vehicle". It says nothing about a penalty enforceable by law if we do not "...please conact the DVLA."

The guy I sold the car to (a doctor) informed the DVLA that he had bought the car as well. DVLA have confirmed this.

DVLA imply that it's like a parking fine. I can't see that it is anything like a parking fine that is made for parking illegally where it is clearly sign-posted that you shouldn't.

Surely there is a legal (and moral) responsibilty on the DVLA for making sure that it is clear what the expectations are - especially if it is enforceable by law.

The cynic in me asks if this is just another funding stream for the DVLA aka Government?

geordieracer

Sorry, but your not being too clear yourself(though could be me)

Your title says disposal of a car yet you then claim to have sold it to someone.. which is it and what exactly is the problem here?

johnthebird

The DVLA have sent me a "Failure to notify disposal of vehicle" penalty. I sold it and sent the notification off on the day it was sold. They obviously consider selling it to be a way of "disposing" of it.

johnthebird

The guidance/instructions given on the registration document appear to be a request not an instruction enforceable by law that incurs a £55 penalty.

dacouch

This was a letter that was featured in Honest John's column in the telegraph


Contrary to recent claims, there is no basis in statute for the DVLA to send acknowledgement letters or for motorists to chase the DVLA if they haven't received one. The DVLA has admitted this in correspondence.
The wording on the V5C is ambiguous, because it can be read that you should complain (on their expensive telephone number) if you receive a letter before four weeks have elapsed.


To take the legal arguments a step further:
1. The Universal Postal Union (of which Britain is a signatory) makes it clear that, in the UK, post becomes the property of the recipient at the moment it is committed to the Royal Mail.
2. The Interpretation Act 1997 s7 makes it clear that a document sent by first-class post is deemed served. If the sender has proof of posting (or a witness), the DVLA's letter of acknowledgement is a mere distraction.
If he has no proof, he can swear an affidavit that the V5 was completed and posted. Of the cases that have been challenged as above, I'm not aware of any the DVLA has taken as far as a magistrates' court

http://www.telegraph.co.uk/motoring/caradvice/honestjohn/5835910/No-need-for-physical-proof-of-posting-documents-to-DVLA.html

molerat

Just wait until continuous insurance comes in and you find yourself getting a fine for failing to insure the car that you failed to notify the transfer of. Just another cash cow for the government, making money from the genuinely forgetful and for the abysmal ability of DVLA to lose mail whilst leaving the career criminals and real tax and insurance dodgers to get away with it.