Advice needed on DVLA/sold car

tiddles2000

Hi there

I wondered if anyone can advise me. I sold a car in January 2017. I sent the V5 off and thought nothing more of it. I then started getting a number of parking tickets for the car and contacted DVLA (around June time) and they advised that it was still registered to me.

They sent me a letter acknowledging that I sold the car in the January to send off to the parking ticket companies. This was sent off and matters came to an end.

Last week I received a letter from a debt collector saying that I owe tax for January 2017 and I fine of £80.

I have stated that I sold the car and DVLA are sending me a duplicate letter stating that I sold the car in January (even though the fine is with DVLA) but they said this will not stand as the letter will be dated after the car tax was due and it is my 'legal' responsibility to chase them up for acknowledgement that they received the V5 in January and as I didn't do this I am not liable.

Is this the case? From what I read online, I don't have any legal responsibility to chase them up if my part of it was done - the notice of change of owner was sent.

I don't particularly want to go to court but equally I really don't feel I should pay this. I was able to check online and it showed that the car wasn't tax or MOT'd (as of this month) but the car is insured so surely they have a way of checking who is insured?

The car was sold to a trader and I have photographs of the chat between us on Facebook arranging collection of the car as well as pictures of the car for sale by him after the tax become due. Yet i am told this is not sufficient.

Any advice would be appreciated. If I really felt I was at fault I would pay no problem but I feel they are just trying their luck as I have done what they request in sending it and they do have a habit of losing things.

I know I should have sent it recorded delivery and lesson learned from that

Johno100

tiddles2000 wrote: »

I know I should have sent it recorded delivery and lesson learned from that

Even better lesson to learn - Do it online, takes about 2 minutes and you receive an email back a few minutes later confirming you're no longer the registered keeper.

tiddles2000

Yes I was unaware of the system until it was too late. Will be using this in the future that's for sure

AdrianC

You sold the car during January. Was it taxed for January while in your keepership, before the sale?

Car_54

tiddles2000 wrote: »

I have stated that I sold the car and DVLA are sending me a duplicate letter stating that I sold the car in January (even though the fine is with DVLA) but they said this will not stand as the letter will be dated after the car tax was due and it is my 'legal' responsibility to chase them up for acknowledgement that they received the V5 in January and as I didn't do this I am not liable.

Although DVLA state clearly on the V5 that you must contact them should you not receive an acknowlegement, I believe there is no 'legal' basis for this. Your only 'legal' obligation is to notify them, and it seems you have fulfilled this.

I seem to remember that this has come up at least once on pepipoo.com. I'd suggest you post there, in the Flamepit forum.

System

If the tax ran out on the 31st December, you still owned it on the 1st of January, you still owned it and you hadn't either taxed it or declared it SORN on or before the 1st of January then you owe the money for taxing it for January and the fine for not taxing it plus the month's road tax is valid.

The fact you subsequently sold it in January is neither here nor there.

tiddles2000

The tax ran out on the 31st January and this fine is for 1st Feb (just rechecked, think I said Jan in original post).

I have received a letter from the DVLA today after me writing to them. They say that the fine would remain as it was my responsibility to contact them if no notification is received but they word it as 'you are advised to contact us' - not it is a legal requirement to contact us.

thanks for the advice Car 54, I will post on there also. There seems to have been many cases where this has been kicked out of court as DVLA have admitted losing so much mail every year and even cases where they just don't show up to court because it is literally a money spinner.

I feel I have provided fair evidence that I was not the owner. Even pics of the car for sale by the trader showing registration plate and date of them having it which was before this tax was due.

I paid the tax for the month that the car was sold so I think they are being quite ridiculous and will fight them on it as I did even have a letter off them in June 2017 stating that they acknowledge the car was sold in January 2017. I have asked for a copy of this letter but they are really delaying sending it, been waiting 3 weeks now.

So really, what they are saying is that as I didn't make contact until July to advise I was getting parking tickets for the car and then realising it was still in my name, I will be charged £80 every month from Feb to July. Absolutely ridiculous.

System

In the case of it still being taxed throughout January then yes I agree you have a case. As you say, DVLA themselves have admitted they lose lots of mail. There is some onus on you in that if you didn't get any notification of the change within 4 weeks you should have chased it up.