DVLA fine for not sending change of keeper

einalem

I sold a car mid march
Forgot to send off V5 to say new keeper
They sent me a letter £35 fine or £50 if paid later or go to court
I noted the regulations said I had to notify them but do not state a timescale

As I still had the V5 I sent this off with the letter they sent me apologising for the lateness but here is the form and please cancel the fine as I had now sent it in.

They have written back saying they will not cancel and pay or go to court.

I sent it off to them I think 9 weeks after selling the car. I have recorded delivery to say I sent it and the regulations do not state a timescale.

My husband is telling me just to pay it but I don't want to(already get ripped off with car ins,tax,income tax,council tax!!!!)

Do any of you guys have any advice as I don't want to go to court!?

Joe_Horner

Pay it.

The requirement to send the V5 comes from the Road Vehicle (Registration and Licencing) Regulations 2002 regulation 21 or 22, depending on when the V5 was issued. Both those regulations require that you send it "forthwith" when a vehicle changes hands.

There's no need for a specific timescale in days / weeks to be mentioned because the word forthwith means "immediately" or "without delay" by its normal dictionary definition.

9 weeks later isn't "without delay" by any stretch of the imagination, so you're liable for the penalty and they will enforce it in court if they have to.

Quentin

Shame you didn't just say you sent it at the time of the sale and it must have been lost either by the post or the dvla.

einalem

May just have to pay it

I.m too honest to just say it was lost in post

Quentin

einalem wrote: »

....I.m too honest to just say it was lost in post

It's too late for that - your OP says you just sent it in with an apology for being late!

Always worth seeing what advice they have at pepipoo before you pay up your fine.

Apples2

Pay it.

The new owner has probably been pestering the dvla about his new log book, they haven't sent it because you couldn't be bothered to let them know.

If the new owner had incurred any fine,/penalties it is you they would be chasing.

Pete-1962

I have a similar problem. I sold a car for scrap on 26th Feb 2013. (The Tax was due to run out on 28th Feb). I sent the DVLA a covering letter and the V5C/3 advising that I was no longer the owner or registered keeper. A few days later I received a car tax reminder from the DVLA so I phoned them up to say that I was nor the keeer and that I had writeen to them already. They asssumed the reminder and my letter crossed in the post. At the beinning of May I received an £80.00 Penalty Notice. I wrote again with copies of the previous documentation and questioned the fine as I believed I had done everything I was supposed to do.
Today they replied saying that the fine still stands as I didnt tell them I had disposed of the the vehicle, and that and Acknowledgement Letter would have been sent within 20 days.
Since I have told them twice I dont see why I am liable for any penalty charge. Any advice would be appreciated.

Quentin

Take it to pepipoo for best advice - you have done all that is required, so won't have to pay this.

They are trying to browbeat you.

Lum

Pete-1962 wrote: »

I have a similar problem. I sold a car for scrap on 26th Feb 2013. (The Tax was due to run out on 28th Feb). I sent the DVLA a covering letter and the V5C/3 advising that I was no longer the owner or registered keeper.

Interpretation Act 1978 - Section 7
http://www.legislation.gov.uk/ukpga/1978/30

References to service by post.

Where an Act authorises or requires any document to be served by post (whether the expression “serve” or the expression “give” or “send” or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.

You have complied with the requirements, and the onus is on the DVLA to prove that you didn't, which is almost impossible.


There is no legal requirement for you to expect a reminder letter and to advise them that they haven't done their job. By simply writing that letter and stuffing it in the postbox with a stamp on you have complied with your legal duties.


A quick letter reminding them of this fact and quoting that act might get them to back down.