More DVLA advice - disputing a fine?

the_why_bird

Hi,

I've received a fine letter for keeping a vehicle without insurance. The vehicle was written off and taken by the insurance company months before the penalty date. I can prove that. What I can't prove is whether or not the DVLA were notified that I am no longer the keeper.

The dispute form for the DVLA says that unless I can enclose the acknowledgement from the DVLA that they were informed, I'm still liable for the offence. I'm sure I've read somewhere that it is not a legal requirement for me to receive an acknowledgement or to chase it up with them, and I'm wondering if there's a way I can word the letter pointing this out.

If there ever was an acknowledgement letter it would certainly have gone to my old house, which is where they were contacting me about the fine.

DUTR

the_why_bird wrote: »

Hi,

I've received a fine letter for keeping a vehicle without insurance. The vehicle was written off and taken by the insurance company months before the penalty date. I can prove that. What I can't prove is whether or not the DVLA were notified that I am no longer the keeper.

The dispute form for the DVLA says that unless I can enclose the acknowledgement from the DVLA that they were informed, I'm still liable for the offence. I'm sure I've read somewhere that it is not a legal requirement for me to receive an acknowledgement or to chase it up with them, and I'm wondering if there's a way I can word the letter pointing this out.

If there ever was an acknowledgement letter it would certainly have gone to my old house, which is where they were contacting me about the fine.

Why do you think it's not your responsibility to inform them? You would if you sold the car, what if the buyer ran up parking/speeding tickets or worse was involved in an RTA?

the_why_bird

Sorry I think this is the way I phrased it.

My V5 in it's entirety was taken by the salvage company that took the vehicle. I naively thought they would notify the DVLA. Then a few days later the insurance company sent me a letter telling me I had to notify DVLA. Since I no longer had the V5 I sent them a letter with the vehicle make, model, registration, the insurance company details and date it was taken.

I never received confirmation - I didn't even know I was supposed to get it, since this was the first car I ever got rid of. I do think it's my responsibility to inform the DVLA, but I don't think it's a legal requirement that I should have chased them up for the confirmation letter.

If they wanted to fine me for not informing them of change of ownership, I would probably concede it since I didn't send the proper form in and didn't use recorded delivery to prove I sent anything. But the offence is for keeping a vehicle without insurance, which I just flat out didn't do. It bothers me in principle.

DUTR

the_why_bird wrote: »

Sorry I think this is the way I phrased it.

My V5 in it's entirety was taken by the salvage company that took the vehicle. I naively thought they would notify the DVLA. Then a few days later the insurance company sent me a letter telling me I had to notify DVLA. Since I no longer had the V5 I sent them a letter with the vehicle make, model, registration, the insurance company details and date it was taken.

I never received confirmation - I didn't even know I was supposed to get it, since this was the first car I ever got rid of. I do think it's my responsibility to inform the DVLA, but I don't think it's a legal requirement that I should have chased them up for the confirmation letter.

If they wanted to fine me for not informing them of change of ownership, I would probably concede it since I didn't send the proper form in and didn't use recorded delivery to prove I sent anything. But the offence is for keeping a vehicle without insurance, which I just flat out didn't do. It bothers me in principle.

Fair do, though, the salvage company do not have a higher authority than the the DVLA, so if I was salvaging a car, I would still complete the V5 form.
Yes you get a slip to confirm that you are no longer liable for the vehicle, that little bit of paper you want more than anything, in defence of the DVLA what would you expect them to do, as they can only operate on the evidence they have in front of them.
It does look like you have a bit of a fight on your hands.

the_why_bird

I know, in retrospect it was stupid to let the salvage company take the V5, but I was still shaken by the accident and overwhelmed trying to find a new car for work at short notice. Not an excuse, I know, but I've learned my lesson!

If I just pay the fine, and enclose a letter stating I no longer own the vehicle (again!) is that going to be enough to fix everything? They can't also come after me for failing to notify, can they?

DUTR

the_why_bird wrote: »

I know, in retrospect it was stupid to let the salvage company take the V5, but I was still shaken by the accident and overwhelmed trying to find a new car for work at short notice. Not an excuse, I know, but I've learned my lesson!

If I just pay the fine, and enclose a letter stating I no longer own the vehicle (again!) is that going to be enough to fix everything? They can't also come after me for failing to notify, can they?

You could write and dispute the penalty, just don't expect a quick turnaround, you have the supporting evidence to strengthen your defence, but remember it's not the readers that make the final decision.

Buzby

Any payment ends your right of appeal, so if you do not admit then you do not pay. From what you say, however - they have you, so it would be pointless disputing. If the salvage company was acting as your agent, the matter is closed - however, if acting on behalf of your insurer, you have some wriggle room.


You complied with the salvage company's request, and as a result were financially disadvantaged. Without the V5C you could not report the scrapping yourself - so why didn't they?


I'd get straight back to your insurer and copy the correspondence, asking for full reimbursement for their agents shortcomings.

mgdavid

1. don't pay anything - why should you?
2. technically DVLA cannot fine you, it's a penalty charge. Different.
3. tell them the salvage company took the V5 off you , you wrote to DVLA by normal letter (give approx date) so discharging your responsibility that way.
It is up to DVLA to prove or explain why/how they didn't get your letter, or lost it, or didn't act upon it.

paddedjohn

You have already notified the DVLA by letter so don't worry, you will receive a few more threatening letters in the coming months but if need be make sure you have your day in court. If you are unfortunate enough to need to go through this process again make sure you either send the change of owner slip off or if the car is in repairable make sure you get an end of life cert of the salvage company.