Help to dispute DVLA 'fail to insure' fine when I sold the car

clatron

Hi, was looking for some advice please.

I sold a car on 11th October, and moved home on 1st November last year. I sent the little slip off to DVLA some time in the period between me selling and moving.

They've issued me a fine for not having the vehicle insured. I assumed they hadn't received the slip (apparently they're notorious for losing these?) so disputed the fine and gave them the info they required.

They have rejected my dispute stating that because I don't have a letter of acknowledgement from them, it was in my best interest to enquire about its absence.

I know very little about cars and didn't know that I should have to wait for this - I didn't expect any further communication from them and it will have gone to my old address anyway, which I no longer had access to. Also around this time I was in the middle of sorting my father's affairs after he had recently passed away so had a lot on my mind - I'm not sure if this will be taken into consideration in any way?

Anyway, they've asked that if I want to dispute it further I will have to send them a letter explaining why. Just wondered if anybody else has had any similar experiences or any success in these matters could help me out with some advice.

Thanks in advance

Caz3121

does this mean that the new owner did not insure the vehicle?
for future, if you sell to an individual, this can all be done online these days -
https://www.gov.uk/sold-bought-vehicle

clatron

It was sold as scrap really, the new buyer was a car dealer and took it for parts. I assume they didn't insure it or anything otherwise the DVLA would not be trying to fine me.

Does this make any difference?

csgohan4

clatron wrote: »

It was sold as scrap really, the new buyer was a car dealer and took it for parts. I assume they didn't insure it or anything otherwise the DVLA would not be trying to fine me.

Does this make any difference?

No, it was your responsibility to do so, did you get a proof of posting when you mailed the change in ownership to the DVLA?

clatron

csgohan4 wrote: »

No, it was your responsibility to do so, did you get a proof of posting when you mailed the change in ownership to the DVLA?

No proof of posting, unfortunately

molerat

The only thing you can do is wait for them to take you to court when it will be down to them to prove that you did not send it.


As previous post, do it on line in future as you get an instant e-mail response. I sold a car and the garage said they would do it all but I came home and did it on line anyway, there is only one person you can trust !

clatron

molerat wrote: »

The only thing you can do is wait for them to take you to court when it will be down to them to prove that you did not send it.


As previous post, do it on line in future as you get an instant e-mail response. I sold a car and the garage said they would do it all but I came home and did it on line anyway, there is only one person you can trust !

Thanks for the advice, didn't really want to go all the way to court for it

Never knew about the online thing - i'll keep that in mind in future

Suppose I'll write to them anyway with my dispute and see what comes of it

molerat

Trying to dispute it with DVLA is simply banging your head against a brick wall. Unless you have indisputable proof you sent it they won't be interested so either pay up or ignore it and wait for your chance in court where you will likely have a greater than 80% of winning. How much is the penalty ?

clatron

molerat wrote: »

Trying to dispute it with DVLA is simply banging your head against a brick wall. Unless you have indisputable proof you sent it they won't be interested so either pay up or ignore it and wait for your chance in court where you will likely have a greater than 80% of winning. How much is the penalty ?

It's £50 if I pay in the next two weeks, or £100 if I take longer.

ciderboy2009

I seem to remember reading somewhere a few years back that there's nothing in the law that states that you have to confirm/check that DVLA have received the notification. Also that cases had been won because of this (despite DVLA insisting that the seller should have confirmed with them when they didn't get an acknowledgment).

The law might have changed but I would suggest that it may be worth popping over to the Pepipoo forums and asking there (I'm sure that will have been where I read it).

oscarward

Iirc it rests on a road traffic act paragraph which states a letter posted is legally regarded as being delivered. It was to get round people saying a notice to keeper wrt to a speeding offence was never received. Which is why you can’t ignore them.
Aiui if Dvla push you have to make a legal declaration that it was posted and this then trumps their moves as to make theirs stand you have to be proved a liar. Which they can’t.

Still better to get proof of posting saves all the arguments. ��