In the middle of may this year purchased a new car from a main dealer, also part exchanged my old car as part of the deal.
upon request I handed in all my vehicle documents including the v5 log book. The saleman assured me that everything would be done as regards informing dvla etc.
A few dats ago I received a letter from the "DVLA continuous registration centre," informing me that on 01/06/05 I was the registered owner of the vehicle and it was untaxed, (when I handed the car into the dealer it had tax on until august) I was told to pay a penalty of £40 and £17,50 arrears tax,
I have contacted the dealer who basically say it my problem, I cannot have a word with the saleman as he is away on holiday.
I have spoken to the dvla they say the saleman should have given me part of the v5 back ,made sure I was aware that I had to send this back to the dvla.
As regards the tax I can only assume it was cashed in early.
not sure if I should pursue this or how I stand,
Any advice would be welcome
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To make it easy I would pay the £57.50 then write to the dealer with a copy of the DVLA letter (and also a copy of your cheque payable to the DVLA) demanding that it is refunded. Also write to the DVLA so the matter is on record in case of future complications.
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Surely if the dealer cashed in the tax then it would be recorded with DVLA and they would have it on record?
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DVLA go to great lengths to advice owners on what to do when they dispose of their vehicles. A section of the V5, clearly marked, is retained by the seller and forwarded to DVLA. By doing so one complies with the law. It is the sellers obligation to notify DVLA of change which in this case has not been done. OFFENCE..
I think it is 3 months before a Trader/Garage notifies acquistion unless used on public road.
Up to you to convince DVLA of when you sold the vehicle. You may consider writing to them with the full facts and point out that when sold there was a current Excise Licence in force which could attract back duty and their records may well show that this was claimed and paid out to the Garage buying the vehicle.
They may not oblige and at the end of the day it was you that made the mistake so it is on your head.
dvd
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Surely if you traded the car in, your sales invoice will show the details and the date of handover, etc.?
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They will, but it makes no difference, it is the customer's responsibility to send off the red slip (now yellow I think) from the logbook to notify the DVLA that they have sold the car to a motor trader.
Now then, if the salesman took the whole logbook away then it is most likely that his admin department would have flagged it up when they received the logbook for the used car into the office, if he took it then I would argue that whilst I was technically and legally in the wrong, the salesman didn't do his job properly by bringing that to my attention.
If he did not take the slip away then you don't have a very strong case at all.
I once brought in a part exchange, stuck my signature on the red slip and left it with the customer. Three months later they were in the garage complaining that they had been fined off the DVLA. They swore blind to my manager that I had told them not to bother sending the red slip off and that we would take care of it.
I personally thought it seemed bizarre then that I had signed the slip and left it with them if we were going to take care of it. My manager decided the best course of action was just to refund them the cost of the fine and apologise. I still maintain that I never said that we would take care of the red slip though, if I had, why would I have left it with them?
Good luck getting the dealer to cough up, they may do it from goodwill, which would be nice, but I don't think that they have any obligation.
Blue
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