DVLA fine - appealing

[Deleted User]

Hi

I have been sent an £80 fine for not taxing my vehicle back in Nov 2019. However I part exchanged the car with a dealeship, who told me to cancel the direct debit and they would send the V5 off. So i gave them all the paperwork and presumed everything had been done. Now I have got a fine, I appealed and the DVLA have rejected saying its my responsibility. I have requested a dispute form but they said that its still my responsibility. I have also found out that the dealership FORGOT to send the V5 off and their family member was driving without tax up until March 2020 and its still in my name.

Is there anything else i can do?

AdrianC

It's the old keeper's legal responsibility to notify DVLA of the change of keeper. The V5C states this clearly.

Selling it to a trader, you should have sent the yellow V5C/4 to DVLA or done it online, then given the rest of the V5C to the trader. You'd have had a confirmation through within a few weeks - along with a refund for the tax that was still on the car at the time of keeper change.
https://www.gov.uk/sold-bought-vehicle

What can you do? Ask the trader nicely if they wouldn't mind paying the fine for you?
They'll probably say that they assumed you'd done your bit online...

[Deleted User]

AdrianC said:

What can you do? Ask the trader nicely if they wouldn't mind paying the fine for you?
They'll probably say that they assumed you'd done your bit online...

The trader has emailed me confirming they "forgot" to send it off. I gave them the V5 document at the beginning of October They confessed that a family member has been driving the vehicle since October. when I part exchanged. I did everything they told me to. 

molerat

There is only one person you can trust to do things correctly ! When I traded my car they said they would do it all - maybe, maybe not as you have found.  I had taken a photocopy of the V5 and did it on line when I got home.  Traded car on 16th Dec, instant acknowledgement on line and by e-mail that I was no longer responsible for the car, refund letter dated 16th Dec and cheque showing as cleared into my bank on 23rd Dec.  It was your responsibility to do it, the V5 clearly states this, and you have no defence in law for not carrying out your legal duty.

AdrianC

Deleted_User said:

AdrianC said:

What can you do? Ask the trader nicely if they wouldn't mind paying the fine for you?
They'll probably say that they assumed you'd done your bit online...

The trader has emailed me confirming they "forgot" to send it off.

That's good of them. Will that extend to covering the penalty?

I did everything they told me to. 

Sure, they may have offered for convenience, and because they're more au fait with the score than their average customer. But that doesn't change the reality that it's your legal responsibility to do it, and the V5C states as much. The buck stops with you, as far as the law - and the penalty - is concerned.

[Deleted User]

thank you so much, so its my fault for being too trusting? Fabulous. Thanks everyone. Bit upset as im struggling a bit atm. 
thanks though. Will try and sort and see if trader will pay

treeroy

Deleted_User said:

thank you so much, so its my fault for being too trusting? Fabulous. Thanks everyone. Bit upset as im struggling a bit atm. 
thanks though. Will try and sort and see if trader will pay

It's your fault yeah which is why you're being fined, but can't hurt to ask them if they'll cover it.

sweetsand

treeroy said:

Deleted_User said:

thank you so much, so its my fault for being too trusting? Fabulous. Thanks everyone. Bit upset as im struggling a bit atm. 
thanks though. Will try and sort and see if trader will pay

It's your fault yeah which is why you're being fined, but can't hurt to ask them if they'll cover it.

Good post. We always ensure we do our bit as you can't trust people these days but worth a shot at the dealer.
When you send off the paperwork for futre ref take a picture, keep copy and date you posted, possibly proof of posting be we don't do that.
ATB
x

sheramber

sweetsand said:

treeroy said:

Deleted_User said:

thank you so much, so its my fault for being too trusting? Fabulous. Thanks everyone. Bit upset as im struggling a bit atm. 
thanks though. Will try and sort and see if trader will pay

It's your fault yeah which is why you're being fined, but can't hurt to ask them if they'll cover it.

Good post. We always ensure we do our bit as you can't trust people these days but worth a shot at the dealer.
When you send off the paperwork for futre ref take a picture, keep copy and date you posted, possibly proof of posting be we don't do that.
ATB
x

No need to send anything. You can do it online