DVLA fine for passed on car

foxy-stoat

dannyrst wrote: »

As I'm sure you're aware, the owner and RK are separate things. The deceased, prior to death, can gift the car to someone without a requirement to amend the RK.

Which would be daft as he would no longer be the registered keeper, also the Daughter would of stated that she is the RK when she insured it in her name, assuming she has or the insurers would of queried this.

Thing to do is complete the V5C with the new keepers details from the date it was gifted and send the DVLA a photo copy of the document with a letter saying this was sent off at the time. And see where that gets you.

dannyrst

foxy-stoat wrote: »

Which would be daft as he would no longer be the registered keeper, also the Daughter would of stated that she is the RK when she insured it in her name, assuming she has or the insurers would of queried this.

Thing to do is complete the V5C with the new keepers details from the date it was gifted and send the DVLA a photo copy of the document with a letter saying this was sent off at the time. And see where that gets you.

Why not? The registered keeper can be anyone. Gifting someone a car is a change in ownership only.

But she wasn't the RK (whether she should have been or not), so shouldn't have put that on her insurance (if indeed she did). But that is completely separate to the tax and is irrelevant in this.

AdrianC

dannyrst wrote: »

As I'm sure you're aware, the owner and RK are separate things. The deceased, prior to death, can gift the car to someone without a requirement to amend the RK.

Depends on if you view that "gift" as including legal responsibility for it.

If the deceased did intend to simply pass the vehicle over, but retain legal responsibility, then it would have been wise to make some kind of a note of that, especially if their demise was not totally unexpected. In that instance, then it's the executor who's failed to wrap that part of the estate up.

dannyrst

AdrianC wrote: »

Depends on if you view that "gift" as including legal responsibility for it.

If the deceased did intend to simply pass the vehicle over, but retain legal responsibility, then it would have been wise to make some kind of a note of that, especially if their demise was not totally unexpected. In that instance, then it's the executor who's failed to wrap that part of the estate up.

I'm intrigued as to how the DVLA view it (although can probably guess it would be whichever way makes them most money in each individual case). As you say, if the deceased was aware they had limited time and gifted the car as a result of this, I'd say that would imply the change in RK.

Whether the DVLA are able to or can be bothered to chase that if the daughter refused to pay would be another matter.

AdrianC

dannyrst wrote: »

I'm intrigued as to how the DVLA view it

Seems simple...

Either the deceased or the daughter was legally responsible. One or the other. Can't be nobody, can't be both.

If it was the deceased, then the daughter should have made the executor aware, and the executor had the legal responsibility to change it to somebody - the daughter being the most likely suspect.

greenturnips

angrycrow wrote: »

Its crystal clear what has happened, the deceased before his death decided to stop driving and gifted his car to his daughter but failed to inform dvla of the change of keeper. The daughter also failed to inform the dvla of the change and failed in her duty to tax the car possibly assuming her father would continue taxing it.

The deceased partner has now had a letter addressed to the deceased with a fine for non payment of the tax.

First thing to do is to get the car correctly registered to the daughter from the date it was given to her. Then you need to lay the situation out to the dvla possibly mentioning the deceased was to ill to notify the change of keeper and had relied on the daughter to do so. Dvla are not known for their charitable or understanding nature but you never know. Of course if this works it solves the problem for the deceased partner and the fine will be reissued to the daughter who should have taken responsibility in the first place.

You hit the nail right on the head here. Thank you to all for the advice, it seems a a little clearer now.

I guess as you say, someone has to pay be it the deceased partner or the daughter. I will put it to the partner to see if she wants to push the onus on or just pay the fine to make it go away.

tonyh66

greenturnips wrote: »

You hit the nail right on the head here. Thank you to all for the advice, it seems a a little clearer now.

I guess as you say, someone has to pay be it the deceased partner or the daughter. I will put it to the partner to see if she wants to push the onus on or just pay the fine to make it go away.

and make sure the daughter gets the paperwork changed otherwise the partner will continue to receive nice little bills through the post.

lincroft1710

The partner is not responsible for the deceased's debts. She could return the letters and mark the envelope(s) "Return to Sender, Addressee Deceased". The DVLA may have a claim against the deceased's estate, but if the estate has been distributed, DVLA will have a job on their hands.

Morally the daughter should pay the fine and back tax.

Marktheshark

Do everything in writing, inform them the keeper is deceased .
You have no knowledge of the vehicle or its location or current keeper.
However you can inform them that a dead person is no longer the keeper of any property and they should seek clarification from someone who actually has been educated in the legal office, so they can explain this to them in simple terms.
They should seek information from the administrator of the estate of the deceased.

AdrianC

Marktheshark wrote: »

Do everything in writing, inform them the keeper is deceased .
You have no knowledge of the vehicle or its location or current keeper.

And this leaves the deceased's daughter... where?