Will i be prosecuted / fined for a V5C mixup?

Rover_Driver

If no one has notified DVLA that they are now the new keeper, after your letter, the record will show 'no current keeper' but you will be shown as the last registered keeper, which is why the police have written to you - if it is a NIP and request for the driver, whatever you do, don't ignore it.

DVLA replaced my blue V5Cs for a red one about a year ago, (apparently they replaced everyone's) so if it happened about then, that could be why you were sent two.

Lum

The OP clearly states that he wrote to the DVLA informing them.

Fill in the Section 172 form on the back of the NIP with the traders details and the date of sale, write to the DVLA again, making sure to mention that you originally wrote to them on $DATE.

Any crap from the DVLA, be sure to mention Section 7 of the Interpretation Act 1978

fivetide

bigjl,

sorry but while you are wading into the OP for not reading properly you appear to have missed post #13:

fridgeracer wrote: »

good news, turns out under all my post that flies through the door I have an acknowledgement notice from DVLA telling me i dont own / keep that car reg anymore.

so that means i am safe, right? that must mean they updated everything, why else would i have a notice telling me they "know" i dont own that car anymore or drive it?

im just baffled that the police sent me their prosecution letter even more now, because ive found this DVLA note. it must have something to do with that 2nd V5C that i shredded at the time.

Whilst I agree the hanging statement was a bit over emotional, I don't see how insults are really helping the situation....

OP - I would take your evidence and follow lum's advice. You have proof the car is nothing to do with you. Get them to follow up with the dealer now.

Do make sure you read up on the new V5 though before you sell/sign anything else and get a timed, dated receipt.

Good luck.

Lum

The small print on the logbook is not law, it's the way the DVLA would prefer you to go about it. Writing a letter to them satisfies the OPs obligations to inform of the car's sale.

If the OP does anything with that NIP other than informing the police of the trader they sold the car to then they are breaking the law. Section 172 requires them to do this. They could, optionally, include a photocopy of the DVLA's response letter along with the S172 reply.

If, as you suggest, they just claim to have been the driver and take the points, then they are breaking the law, see also: Chris Hulme.

This really is standard stuff. The S172 form will likely have a tick box with wording like "I was not the driver because the vehicle was sold to/disposed of/hired to: ________ on (date): ______".

Edit: I would suggest sending it recorded delivery or getting a certificate of posting, in order to avoid further hassle.

Rover_Driver

bigjl wrote: »

Car is likely still in his name as he gave the entire V5 to a dodgy car trader!

As he has the acknowledgement letter from DVLA, they will know that he no longer has the vehicle and their record will show that there is no current keeper.
The police will also know that, but as the OP is shown as the last registered keeper, that is why they have written to him.

david29dpo

Can i ask why some people know EXACTLY how there IPhone, Xbox etc works but know nothing about anything else?

fridgeracer

im going to phone them tomorrow before i send them anything. i dont think i can send them their form back (the police form) with the traders details because the trader does not have that car anymore, clearly someone else does - but i have no idea who that is.

im going to ask them first what to do. im also going to copy my dvla note and offer to send it to them to prove it is nothing to do with me.

as for the bigil or whatever his name is - reported to moderators. have a nice day.

Rover_Driver

fridgeracer wrote: »

im going to phone them tomorrow before i send them anything. i dont think i can send them their form back (the police form) with the traders details because the trader does not have that car anymore, clearly someone else does - but i have no idea who that is.

im going to ask them first what to do. im also going to copy my dvla note and offer to send it to them to prove it is nothing to do with me.

as for the bigil or whatever his name is - reported to moderators. have a nice day.

As you have the DVLA's acknowledgement letter, they will know, and the police will know that you no longer have the vehicle.

The police would have sent you the letter as you are the last registered keeper, (the first link in the chain).
You must send the completed form back with the traders details so they can then send the same documents to him, (the next link), then they send them to whoever he nominates (the next link), and so on. They keep doing that until someone admits being the driver at the time at the time.

fridgeracer

Rover_Driver wrote: »

As you have the DVLA's acknowledgement letter, they will know, and the police will know that you no longer have the vehicle.

The police would have sent you the letter as you are the last registered keeper, (the first link in the chain).
You must send the completed form back with the traders details so they can then send the same documents to him, (the next link), then they send them to whoever he nominates (the next link), and so on. They keep doing that until someone admits being the driver at the time at the time.

oki doki, thanks for the advice. i just assumed since i got the letter they will just insist on putting the blame to me on the driving offence, regardless of whether i am the keeper or not.

bigjl

Thanks for the comment fivetide.

I suspect that the trader as out the car back in the OP's name.

This letter may have been sent prior to the initial V5 being processed.

And therefore has confirmed nothing for the OP.

His mistake, and the one that he needs to accept was his mistake, is the fact he gave an entire V5 in his own name to a third party.

This third party is either using the car himself or has sold it to some mates who are now happily driving around in a car in which they can never get a ticket.

He needs to grow up.

Or he will repeat his mistake again.

At the point the V5 arrived in his name any confirmation letters are no longer relevant.

The letter will be dated before the V5.

It has to be this way as unscrupulous persons do all kinds of things to get away with parking tickets, moving traffic offences and speeding offences every day.

I for example sold a cheap little mk2 Mondeo many years ago, bought as a stand in for a few weeks, sold it to a young lad from NW London, he gave a false name and proceeded to get forty of so parking tickets, moving traffic offences such as contravening a no entry sign and I think twenty gatso tickets.

All in the space of a fortnight.

Luckily I had photocopies the V5 before I sent it off and could prove I wasn't driving it.

Now in this case I had sent of the V5 correctly, unlike the OP.

He needs to deal with every offence and ticket.

I had an entire folder of correspondence dealing with this issue.

If I had reacted in the immature way the OP has I would have been stuck paying for these tickets.

He needs to man up and sort this out now before he ends up in a lot of trouble.

The car is being used as a cheap disposal runaround by low levels criminals.

They will drive it round till it gets impounded.

Then move onto the next opportunity to stitch up an unwary car seller.

Anyone that hands a V5 in their name to an unknown third party needs to wise up.

This current situation started then, the letter he sent only helps his case it doesn't sort it out.

The V5 was produced due to the V5 sent off by the previous keeper and was never going to be prevented by a letter.

Too may people rely on the advice on the DVLA website.
God luck to them trying to use that info in a court.

Which is where this will end up if the OP doesn't sort it out, now.