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DVLA Fine

edited 30 November -1 at 1:00AM in Motoring
23 replies 1.2K views
Glitch21Glitch21 Forumite
5 posts
edited 30 November -1 at 1:00AM in Motoring
So this is a bit long winded so please bare with me.

I bought my car with Evans Halshaw in Feb 2018. We set up a direct debit for road tax and signed all the documents. Fast forward to Set 2019 and my vehicles clamped. I'm standing there in disbelief wondered whats happened? Surely they have the wrong car?

I phoned the DVLA and to be fair to the guy on the phone he was really nice and explained everything. From what I was told I seemed to be in some sort of loophole. Evans Halshaw didn't send away the New Registered Keeper document as they are obligated to do. So even though I set up a Direct Debit that automatically renews, when it came to renewing the DVLA cant assume I'm the registered keeper as they havent had that information through yet. This also meant they had no details to contact me and tell me about it.

So basically I quickly paid the clamping fee and backdated tax but today I've received a fine for £179 from the DVLA. This means I'm now over £300 out of pocket because of Evans Halshaw. I phoned Evans Halshaw in September to dispute this and I have it on voice recording (my phone records calls) that they admitted fault, they didn't send the document away. So I don't know if I can use this as evidence for the dispute.

Basically I've been plodding about for the year thinking everything is hunky-dory but no ones been able to tell me it isn't. I will admit, I'm not in the habit of buying and selling cars so I wasn't on the lookout for a V5 form coming through the door. So I haven't noticed when it didn't arrive after 6 weeks after the sale.

Do I have grounds to dispute this? Any advice?
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Replies

  • DUTRDUTR Forumite
    12.8K posts
    Tenth Anniversary 10,000 Posts Name Dropper
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    You may have grounds, BUT if you are asking if you will win? Nobody here knows for sure.
  • DUTRDUTR Forumite
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    Also did you advise the recipient that you were recording the call? If not then I understand that is not admissible as evidence.
  • DUTR wrote: »
    Also did you advise the recipient that you were recording the call? If not then I understand that is not admissible as evidence.
    I did not unfortunately, its an app I've had for years. It just automatically records calls for me.
  • Glitch21 wrote: »
    So this is a bit long winded so please bare with me.

    I bought my car with Evans Halshaw in Feb 2018. We set up a direct debit for road tax and signed all the documents. Fast forward to Set 2019 and my vehicles clamped. I'm standing there in disbelief wondered whats happened? Surely they have the wrong car?

    I phoned the DVLA and to be fair to the guy on the phone he was really nice and explained everything. From what I was told I seemed to be in some sort of loophole. Evans Halshaw didn't send away the New Registered Keeper document as they are obligated to do. So even though I set up a Direct Debit that automatically renews, when it came to renewing the DVLA cant assume I'm the registered keeper as they havent had that information through yet. This also meant they had no details to contact me and tell me about it.

    So basically I quickly paid the clamping fee and backdated tax but today I've received a fine for £179 from the DVLA. This means I'm now over £300 out of pocket because of Evans Halshaw. I phoned Evans Halshaw in September to dispute this and I have it on voice recording (my phone records calls) that they admitted fault, they didn't send the document away. So I don't know if I can use this as evidence for the dispute.

    Basically I've been plodding about for the year thinking everything is hunky-dory but no ones been able to tell me it isn't. I will admit, I'm not in the habit of buying and selling cars so I wasn't on the lookout for a V5 form coming through the door. So I haven't noticed when it didn't arrive after 6 weeks after the sale.

    Do I have grounds to dispute this? Any advice?

    Infrequent vehicle purchases would make it harder to miss a V5 surely. Poor admin isn't a good defence in court.
  • Car_54Car_54 Forumite
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    DUTR wrote: »
    Also did you advise the recipient that you were recording the call? If not then I understand that is not admissible as evidence.
    Failure to warn may be a crime in itself, but I don't believe that would make it inadmissable. The obvious analogy would be the police camera van parked illegally: that doesn't provide the speeders with a defence.
  • Nick_CNick_C Forumite
    6.2K posts
    Part of the Furniture 1,000 Posts Name Dropper Home Insurance Hacker!
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    Car_54 wrote: »
    Failure to warn may be a crime in itself, but I don't believe that would make it inadmissable. The obvious analogy would be the police camera van parked illegally: that doesn't provide the speeders with a defence.

    You can make recordings of phone calls to companies for your own use. You do not have to say you are recording the conversation. But companies to have to tell you if they might record your call.
  • SHAFT wrote: »
    Infrequent vehicle purchases would make it harder to miss a V5 surely. Poor admin isn't a good defence in court.
    Granted, but how is it I'm £300 out of pocket for something Evans Halshaw have neglected to do? Surely if it was a private sale the seller would be pulled over the coals for it but because it is a company they remain untouched? I was fine paying £125 for the clamp release and V62 form but this is now ridiculous.
  • Car_54Car_54 Forumite
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    Glitch21 wrote: »
    Granted, but how is it I'm £300 out of pocket for something Evans Halshaw have neglected to do? Surely if it was a private sale the seller would be pulled over the coals for it but because it is a company they remain untouched?
    How do you know they've remained untouched?
  • I can guarantee he would have said they were fined to argue getting out of paying during our phone call when I disputed it.
  • Rover_DriverRover_Driver Forumite
    1.5K posts
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    Did Evans Halshaw give you the green 'New Keeper Supplement' part of the V5C when you bought the car?
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