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Car not transferred by garage now have fine from DVLA

We brought a car in 2016 a week before we had our baby and cut a long story short we have only recently realised the car was never transferred to our name and subsequently never paid any tax. The vehicle has had MOT done and insurance, but due to not having any reminders we haven’t paid tax. We have had to apply for a new log book and have paid the back tax but apparently there was a fine from May 2018 where my car was spotted without tax and I have now been issued a fine of £453. Now I appreciate we should have realised we hadn’t paid tax but we have another two cars and a very busy life so unless I have reminders to pay bills I admit it’s not top of my list to remember! My question is should the garage be responsible for this? They agreed to pay first 6 months tax which they never did and obviously the DVLA never received change of ownership, as car not technically in my name should I be responsible or should garage be responsible for this fine? Many Thanks
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Comments

  • System
    System Posts: 178,146 Community Admin
    Name Dropper First Post Photogenic
    edited 15 October 2018 at 1:56PM
    Sorry but I find it hard to believe you owned a car for over 2 years and didn't realise there was a problem.

    The garage is not responsible for this, you are. It is the responsibility of the driver to ensure the vehicle is taxed, MOT'd and insured when driving it and you must have known that you'd had it 2 years and never paid for any road tax. Everyone has busy lives not just you so that is no excuse especially when you own two other vehicles which you would have had to tax. Surely at the point you received the reminders for the other two it twigged you never had for this car. You managed to remember when the MOT was due and you don't get reminders for that.

    It was up to you to chase up DVLA when you didn't receive a V5 within 4 weeks and ensure that as the keepers of the vehicle it was registered in your name. How do you know they didn't pay the first 6 months tax? You don't.

    Just to throw more fuel onto the fire no doubt you said you were the registered keeper when you insured it. You do know that you made a false declaration and that in the event of a claim your insurer could refuse to pay you out, cancel your policy, and/or pursue you for the cost of any payout to a third party?
  • Aylesbury_Duck
    Aylesbury_Duck Posts: 14,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Agree entirely with the above. Your responsibility.
  • For the last two years, you haven't been insured either. One of the questions on the insurance application is: "Is the vehicle registered in your name?"
    "There are not enough superlatives in the English language to describe a 'Princess Coronation' locomotive in full cry. We shall never see their like again". O S Nock
  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture Name Dropper 100 Posts
    I think someone needs to try harder :rotfl:
  • marcarm
    marcarm Posts: 1,205 Forumite
    Tenth Anniversary First Post Combo Breaker
    In this day and age, no matter what happens, it's always someone elses fault.

    Not that this actually happened of course
  • POPPYOSCAR
    POPPYOSCAR Posts: 14,902 Forumite
    Part of the Furniture Name Dropper 10 Posts
    Just how bored can some people be????
  • MEM62
    MEM62 Posts: 4,909 Forumite
    Part of the Furniture Name Dropper 10 Posts
    Is the garage responsible? The short answer- no.
  • mcpitman
    mcpitman Posts: 1,267 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    GG82 wrote: »
    We brought a car in 2016 a week before we had our baby and cut a long story short we have only recently realised the car was never transferred to our name and subsequently never paid any tax. The vehicle has had MOT done and insurance, but due to not having any reminders we haven’t paid tax. We have had to apply for a new log book and have paid the back tax but apparently there was a fine from May 2018 where my car was spotted without tax and I have now been issued a fine of £453. Now I appreciate we should have realised we hadn’t paid tax but we have another two cars and a very busy life so unless I have reminders to pay bills I admit it’s not top of my list to remember! My question is should the garage be responsible for this? They agreed to pay first 6 months tax which they never did and obviously the DVLA never received change of ownership, as car not technically in my name should I be responsible or should garage be responsible for this fine? Many Thanks


    The only person responsible for this is yourself.
    Life isn't about the number of breaths we take, but the moments that take our breath away. Like choking....
  • Geodark
    Geodark Posts: 1,049 Forumite
    Part of the Furniture 1,000 Posts
    Last 3 cars I have bought I have taken my laptop and mifi device, and taxed the car online using the new owners slip - thus taxing my car and making sure DVLA know its mine at that point.
  • For the last two years, you haven't been insured either. One of the questions on the insurance application is: "Is the vehicle registered in your name?"

    And whilst I’m dubious about the op’s story and the time it took to notice the error, the answer would be yes because assumingly they gave the dealer their details. A V5 can take up to 6 weeks though most come through in a couple of weeks, until you get that document you can only rely on the fact that you gave the correct details, I’ve twice had a V5 containing errors that were not of my making, first was after going to a DVLA office to tax an ex motorbility car and change it to standard taxation class, the new V5 turned up still showing disabled taxation class, second was a brand new car and the dealer put the wrong name in when registering it, on both occasions I was not to blame and had no control of the errors made, are you saying I was uninsured?
    I hate football and do wish people wouldn't keep talking about it like it's the most important thing in the world
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