DVLA released previous address to local authority! Now I have a huge fine!!

onomatopoeia99

swecri wrote: »

I know how the process of Penalty Charge Noticies are issued and I know that because I lease and don't own my car, Motability are the Registered Owner of my car and I am recorded as the registered keeper. I asked the advisor from Motability to check the V5 to establish whether my details were correct and up to date. Lo and behold, Motability haven't updated the V5 and my previous address is on it.

This the bit I don't understand and I suspect caused confusion for other people. The V5C is a record of the registered keeper, showing the name of the person that keeps the vehicle and an address they can be contacted at. As it states on every V5c, it is not a title document or evidence of ownership. There is no concept of a "registered owner" of a car as there is no central register of who owns what car and therefore no reason why Motability should keep the document, aside to opening themselves up to problems.

So, motability seem to have had an admin fail which as left you liable for additional charges on top of the fine, so they should meet those charges IMO if you can't get the judgment set aside. You still need to pay the original fine though if you were driving in the bus lane when not entitled to do so.

bigjl

swecri wrote: »

Motability have the V5, they ask that you update your records with them if your details change which I did, they have on their system that I DID change my details with them, they updated their computer systems with my new address, but the telephone divisor said for some reason my V5 wasn't updated too.
How n earth can I update the V5 when I don't have access to it? There is only one way to update your address on the V5 and that is through providing your new address to Motability who then change the address by notifying the DVLA on your behalf.
The advisor admitted that The Vehicle Registragtion documents team haven't followed procedures but updating the V5.The contract I hve with Motability means I do not have access tithe V5 because I don't own the vehicle.

The V5 would not be updated as it will still be registered to Motability.

The Motability database needs your correct address so they can pass on any fines or NIPs.


Personally I think the error is Motability's.

bigjl

onomatopoeia99 wrote: »

This the bit I don't understand and I suspect caused confusion for other people. The V5C is a record of the registered keeper, showing the name of the person that keeps the vehicle and an address they can be contacted at. As it states on every V5c, it is not a title document or evidence of ownership. There is no concept of a "registered owner" of a car as there is no central register of who owns what car and therefore no reason why Motability should keep the document, aside to opening themselves up to problems.

So, motability seem to have had an admin fail which as left you liable for additional charges on top of the fine, so they should meet those charges IMO if you can't get the judgment set aside. You still need to pay the original fine though if you were driving in the bus lane when not entitled to do so.

Every ex Motability car I have bought, last one was six/seven years ago had Motability as the registered keeper.

It is fairly common for leased vehicles to be registered to the Lease Co and not the user.

I have owned 2 cars in the last few years that I bought at Auction straight from the Lease Co and the were also both registered to the Lease Co.

BeenThroughItAll

I wouldn't have called £97 a 'huge fine'.


Is it really worth the stress? You presumably *did* drive in a bus lane. You say you moved two years ago (based on what you say therefore, in February 2015). You didn't update your licence for 4 months (you are required to do so when your details change although in this case its the registration document that needs changing anyway).


If Motability cocked it up, then that's unfortunate, but waiting months before undertaking one tiny bit of personal admin does rather suggest you're not the most diligent filer of paperwork; and why on earth would you not have a postal redirect?


I moved on December 20th 2013 and by the middle of January all four of my V5s and both my and my wife's licences were back with new details, as were bank, credit cards and other accounts. It's really not hard to put a few stamps on envelopes. All my forms were pre-filled and ready just to drop in the post on the day I moved.

IamNotAllowedToUseMyName

gazter wrote: »

Tell them you didnt receive it, as they didnt have the right address. But if they ask nicely you might consider paying the original charge of £30, as a good will gesture.

I'd go with this. Contact the council, explain that you have established that Motability did not correctly update your address and it is only by accident you even know about this now. Say you are not disputing the ticket, but in view of you being disadvantaged by the administrative failure of Motability (who you can give contact details of to confirm the problem was there) it would be reasonable of them to accept the original fine. Unlike private parking firms, councils have a duty to act reasonably and get into trouble if they don't, so the key word is "reasonable".

Keep it calm and friendly, get the other end of the phone on side, and you might get somewhere. Worth a phone call.

IamNotAllowedToUseMyName

BeenThroughItAll wrote: »

I wouldn't have called £97 a 'huge fine'.

Then again you are not disabled, presumably not on limited means and facing the DWP looking to remove your benefits at every opportunity.

Do agree that people who don't take responsibility for keeping their admin up to date have no business getting aggrieved at the results, but it appears that is not what happened in this case.

BeenThroughItAll

IanMSpencer wrote: »

Then again you are not disabled, presumably not on limited means and facing the DWP looking to remove your benefits at every opportunity.

No, I'm not. However, even if I were, I still wouldn't call £97 a huge fine. No matter how affordable it is to an individual, 97 is not a huge number.


i.e. 97 is not a huge number of apples, even if you don't like apples.

IamNotAllowedToUseMyName

BeenThroughItAll wrote: »

No, I'm not. However, even if I were, I still wouldn't call £97 a huge fine. No matter how affordable it is to an individual, 97 is not a huge number.


i.e. 97 is not a huge number of apples, even if you don't like apples.

£97 would be a huge amount to pay for an apple. (And if I opened a cupboard with 97 apples falling out on my head I'd be tempted to suggest it was a huge number!)

£97 is a huge amount to pay for driving over a few metres of the wrong tarmac by accident.

£97 is a huge amount if you haven't got any spare cash at the end of the month.

Anyway, I was just taking a pop as it seemed an unnecessarily judgemental post. Points made. Moving on

AdrianC

IanMSpencer wrote: »

£97 is a huge amount to pay for driving over a few metres of the wrong tarmac

Yes, it is. Which is why NOT driving on that stretch of tarmac seems like a smart idea to me.

by accident.

ITYM "due to poor observation"...

harveybobbles

The only person to blame here is the OP for driving in a bus lane...