Offensive behaviour

In August 2009 I sold my car to a main dealer. They took the logbook, MOT, etc. and they signed the V5 slip along with me and I sent this using the Royal Mail. In November 2009 I had a letter from the DVLA saying that I had failed to inform them I had sold the vehicle. They provided me with a form which I completed and gave the sale date and the name and address of the garage I sold the car to. In January 2010, a photocopy of the form I filled in back in November was sent back to me along with Court Hearing paperwork to attend my local magistrates Court in March. I rang the DVLA twice and nobody will discuss this case with me. I have since found out that on the back of the slip I sent back there is a number to ring if I had not had an acknowledgement letter within 4 weeks from the DVLA. But this slip had been sent back with the DVLA contact details on it. How can I be held responsible for things either getting lost by Royal Mail or by the DVLA? I am finding similar stories Online about this. Please help me. In this modern age where you can tax and SORN a car off the road online maybe there should be an online option of informing the DVLA of a sale.

Asked on 29 May 2010 by TE, via email

Answered by Honest John

Ask the court to explain to you exactly what law the DVLA is applying that contravenes basic law that notification takes place as soon as you post the V5C. If you convince the magistrate you posted the V5C, then I think the only reason he can convict you is based on misguided guidance from the DVLA. Other JPs have told me they take guidance from the DVLA and they obviously should not if they are applying a 'law' that does not exist. If the DVLA gets a conviction against you, and the magistrate cannot tell you the precise law he is applying, then demand Legal Aid to take the case to Appeal. And if that fails, take it to the European Court of Human Rights. In case you don't have this, booklet INS161 that comes with the V5C states: "Within 4 weeks, DVLA will issue an acknowledgement letter confirming that you are no longer shown as the registered keeper on DVLA records. If the letter is not received after 4 weeks please contact Customer Enquiries Group on 0870 240 0010." It is perfectly reasonable for DVLA to make this request and sensible for vendors to comply. It is not reasonable for the DVLA to attempt to enforce it as if it is law.

Tags: dvla v5c documents owning

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