DVLA Court Summons - Uninsured Vehicle

shaun_from_Africa

ThePubLandlord wrote: »

I don't suppose you got a letter off the DVLA stating you no longer had an interest in the vehicle? I'm sure they have a disclaimer saying you should chase them up is you don't hear from them.

Any disclaimer that they may have is worthless in law.
All that is legally needed when selling a vehicle is for the relevant parts of the V5 to be sent off by the seller and the new owner and as far as the law is concerned, simply posting these is enough and by doing this, it is taken that they have been delivered in the timescale stated for the mail service used.

If the DVLA dispute that these letters were sent, the onus is on them to prove it, something that it is normally impossible for them to do.

SophieKG

I didn't receive anything from them to state I am no longer the owner and I have to admit I didn't chase it as I didn't know to expect one (first time selling a car!) - from what I understand though no such disclaimer exists...it's simply states that you must post the V5 to the DVLA which I did.

I will get the name of the Mini dealer Director as suggested this morning - thanks everyone for all your feedback, much appreciated.

Car_54

SophieKG wrote: »

I didn't receive anything from them to state I am no longer the owner and I have to admit I didn't chase it as I didn't know to expect one (first time selling a car!) - from what I understand though no such disclaimer exists...it's simply states that you must post the V5 to the DVLA which I did.
.

V5C Section 9: "We will send you an acknowledgement within 4 weeks. If you do not receive this letter, phone DVLA ...."

SophieKG

Thanks Car 54 - just looked at the V5 for my new car and it does indeed say that. I posted the whole piece when I sent the old one off and clearly didn't read it as well as I should have done beforehand...

As per Shaun from Africa's comment above, is this a legal requirement for me to have chased them? I.e by not chasing them am I automatically going to be liable for the fine even though I did everything else on paper as I should have done? I didn't even give it a second thought once I'd sent everything off

shaun_from_Africa

SophieKG wrote: »

As per Shaun from Africa's comment above, is this a legal requirement for me to have chased them? I.e by not chasing them am I automatically going to be liable for the fine

No, it's not a legal requirement.

http://www.legalbeagles.info/forums/printthread.php?t=36722&pp=25&page=3
(This case gets a mention on many different websites).

DVLA v Peck Horsham County Court (Claim No. 9BR0829). The judge found for D, stating that the DVLA has no statutory power requiring anyone to contact them
in the event that D does not receive acknowledgement of receipt for documents sent to them.

SophieKG

Many thanks Shaun

dannyrst

not an ideal situation, but it sounds like you have it under control and everything should be fine.

SophieKG

Hopefully so dannyrst - thanks!

Richard53

For what it's worth - if I sell a car or a bike now, I make a note in my diary 4 weeks ahead, reminding me to chase DVLA if I haven't had the acknowledgement letter. It's too easy to sell a car, bank the money, cancel the insurance, and think you're done. The DVLA letter is the last little detail of the transaction, but as Sophie has found, it's very easy to overlook.

SophieKG

Just thought I would update on this in case anyone should come across this thread in future...

I attended court this morning. The DVLA had sent a prosecutor to deal with the cases (I was one of many all sharing similar stories) and he interviewed me prior to going into court before the judge. I explained everything that had happened (hadn't been aware of the fine due to change of address, vehicle had been sold prior to the date stated, V5 been sent off etc) and he advised that the case would likely be dropped. He also mentioned that they did intact have record of the fact that the vehicle had changed ownership shortly after that date I part-ex'd it(!)

Sure enough, got into court and ran back through all the details in front of the judge - she then asked DVLA prosecutor whether he has any evidence to which he states that he hasn't and that they intend to withdraw the case.

Definitely worth sticking your ground and going to court if you find yourself in this situation and believe you have done everything as you should, rather than just paying the fine whatever the amount. The three people that went in before me all had their cases dropped too, so seems the DVLA just want to scare you into paying the fine without asking questions.

Thank for all the comments and advice above - next time I'll certainly know to chase them up in the first instance!