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Help.. Sold Motorcycle to dealer, misinformed me and now I'm being fined by the DVLA

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Long story short I purchased a motorcycle from a honda dealership and sold it a couple months later(August 6th 2015) for cash to SUPERBIKEFACTORY.

A guy came in a van to pick the bike up and check it out, he got me to sign the green log book and said they will sort everything else out and took the entire log book with him.

I've just received a letter from the DVLA stating that I will be fined £100 and I need to pay by the 10/02/2017 or I may be prosecuted.

I called SUPERBIKEFACTORY and asked them what was going on and they stated that I should of sent the log book to the DVLA myself and that it looks like I will have to pay the fine.. I told them that how can they possibly inform me they will sort it out then come back and tell me off for not sending it off? (I had no idea this had to be done on my end and the way he said it to me made me think that it was their job to do it)

So now I'm absolutely clueless on what to do. I asked SUPERBIKEFACTORY for the log book number and they refused and the bike is no longer mine.

Anyone can help me please?

Thanks
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Comments

  • Guest101
    Guest101 Posts: 15,764 Forumite
    You cant pass off your obligations under the law.


    So pay the fine and tell the DVLA you sold it.
  • pappa_golf
    pappa_golf Posts: 8,895 Forumite
    1,000 Posts Combo Breaker
    but you DID send the correct part of the V5 off , its the yellow section (v5c/3) the one that "YOU" filled in the dealers details and posted off by first class post on "xx/xx/xxxx" to DVLA Swansea sa99 1bd ,

    you might even add (naughty) that you have the proof of posting stored away

    or simply pay up
    Save a Rachael

    buy a share in crapita
  • Head_The_Ball
    Head_The_Ball Posts: 4,067 Forumite
    The V5 document, or green log book as you call it, has very clear instructions about what to do if you sell or dispose of a vehicle.

    Did you read it?
  • Head_The_Ball
    Head_The_Ball Posts: 4,067 Forumite
    edited 6 January 2017 at 5:53PM
    pappa_golf wrote: »
    but you DID send the correct part of the V5 off , its the yellow section (v5c/3) the one that "YOU" filled in the dealers details and posted off by first class post on "xx/xx/xxxx" to DVLA Swansea sa99 1bd ,

    you might even add (naughty) that you have the proof of posting stored away

    or simply pay up

    Advising someone to pervert the course of justice is possibly not wise. :D

    Your advice is very unlikely to lead to a Chris Huhne type case but you never know.

    Staff at the DVLA probably read this forum and the buyer of the motorbike, SUPERBIKEFACTORY, is named. It would not take much to link the OP's thread to his claim about having posted the form.

    I'd pay £100 rather than take even a tiny risk of a prison sentence or a very hefty fine.

    OP, tell the truth to the DVLA and plead your case. They may well not take it any further.

    Good luck.
  • pappa_golf
    pappa_golf Posts: 8,895 Forumite
    1,000 Posts Combo Breaker
    reminding them of what they might have done I find to be acceptable

    unless the OP is a serial offender with the DVLA , they will drop the case , would they pursue IF a POP was produced?
    Save a Rachael

    buy a share in crapita
  • adspro00
    adspro00 Posts: 23 Forumite
    The way the entire sale went was eventful to say the least. He turned up 2 hours late and said he was in a rush, then came up with a load of stuff about how the bike isn't suitable for the road and dropped the price from 1500 as agreed to 1000. I told him no and he said fine we'll take it for 1500 and he signed the log book bit that he had to do asked me to sign it gave me the cash and left almost immediately(as the bike was loaded in the van after he "Checked it out").

    I've written to the DVLA and will send the letter of to them tomorrow informing them of this and see what they say.

    But now the problem is that since the dealer is refusing to send me any receipt or details I will NEVER be able to inform the DVLA this bike is sold and I am not the owner anymore will I?

    Dealer said the bike was sold in September and it's still showing as uninsured and not SORN so I don't know who bought it and whats going on with it at the moment. I'm worried now that if someones using it for speeding or illegal stuff then it will come back to me.

    I don't mind paying at the end of the day if there is nothing else I can do about it as its a lesson learnt I guess but I'd rather get some help on how do I get out of this situation. Cause even if I pay it it'll still be registered as mine won't it.
  • Car_54
    Car_54 Posts: 8,869 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper
    pappa_golf wrote: »
    reminding them of what they might have done I find to be acceptable

    unless the OP is a serial offender with the DVLA , they will drop the case , would they pursue IF a POP was produced?

    1. It can't be produced, so that is a rather pointless line of speculation.

    2. A POP just proves that something was posted, not what was posted.

    3. The V5C tells you specifically that DVLA will acknowledge, and places the onus on you to follow up if they don't within 3 weeks. The OP obviously didn't.
  • Head_The_Ball
    Head_The_Ball Posts: 4,067 Forumite
    edited 6 January 2017 at 6:12PM
    adspro00 wrote: »
    The way the entire sale went was eventful to say the least. He turned up 2 hours late and said he was in a rush, then came up with a load of stuff about how the bike isn't suitable for the road and dropped the price from 1500 as agreed to 1000. I told him no and he said fine we'll take it for 1500 and he signed the log book bit that he had to do asked me to sign it gave me the cash and left almost immediately(as the bike was loaded in the van after he "Checked it out").

    I've written to the DVLA and will send the letter of to them tomorrow informing them of this and see what they say.

    But now the problem is that since the dealer is refusing to send me any receipt or details I will NEVER be able to inform the DVLA this bike is sold and I am not the owner anymore will I?

    Dealer said the bike was sold in September and it's still showing as uninsured and not SORN so I don't know who bought it and whats going on with it at the moment. I'm worried now that if someones using it for speeding or illegal stuff then it will come back to me.

    I don't mind paying at the end of the day if there is nothing else I can do about it as its a lesson learnt I guess but I'd rather get some help on how do I get out of this situation. Cause even if I pay it it'll still be registered as mine won't it.

    Tell the DVLA the full story. At worst you will probably only have to pay a £100 fine and you may be able to avoid that. There must be some process where they can record that you are no longer the owner. V5s must go missing or are lost regularly. You are not the first this has happened to.

    If you do have to pay £100 just think of it as you only got £1,400 and not £1,500 for the bike. It might hurt less thinking that way.

    Don't mess about with invented tales. They have probably heard every excuse under the sun.
  • adspro00
    adspro00 Posts: 23 Forumite
    Tell the DVLA the full story. At worst you will probably only have to pay a £100 fine and you may be able to avoid that. There must be some process where they can record that you are no longer the owner. V5s must go missing or are lost regularly. You are not the first this has happened to.

    If you do have to pay £100 just think of it as you only got £1,400 and not £1,500 for the bike. It might hurt less thinking that way.

    Don't mess about with invented tales. They have probably heard every excuse under the sun.

    Thanks I'll get on that asap then. As said I've already written a letter with my side of the story and to be fair it was sold in August so I don't know why I'm only receiving a letter now. I can only assume they sent previous letters which may have not arrived to my address or maybe got misplaced.

    Like I said I don't mind paying it I just find it very confusing on the dealers part as I'm curious to know who they sold the bike to and where the entire log book went.
  • pappa_golf
    pappa_golf Posts: 8,895 Forumite
    1,000 Posts Combo Breaker
    if you still had a copy of your v5 you could use this https://www.gov.uk/sold-bought-vehicle

    worth saving for the future

    in fact its posible that their is a referance number that can be used on the DVLA letter you have recieved
    Save a Rachael

    buy a share in crapita
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