Magistrate caught

I hesitate to take issue with any of the wise words that appear in 'Expert Advice', but the V5 Document clearly states on page 9 that "DVLA will issue an acknowledgement letter confirming that the keeper has discharged liability. If you have not received an acknowledgment letter after 4 weeks please contact DVLA." I would therefore take issue with your guidance that "notification" takes places when you post the letter. The legal guidance, in the courts that I sit in is that the mere act of posting the V5 does not discharge the keeper's legal liability but is a mitigating factor in sentencing especially when proof of posting can be presented.

Asked on 1 May 2010 by "A Sussex JP", Horsham

Answered by Honest John

I disagree. This "legal guidance" you are listening to is purely for the convenience of the DVLA. If you are saying that the keeper of a car is "legally" responsible for the mistakes and negligence of duty of the DVLA in recording keepership changes then I think the Court of Human Rights would have something to say about that. In English and Scottish law (and I cannot understand why a JP does not know this) "notification" takes place as soon as notice is posted. It does when a NIP is posted to a registered keeper. So it has to the other way round. As was upheld in my friend's case. The DVLA cannot make up 'law' that overrides the law of the land to hide its mistakes. That said, if you send a V5C you should send it Special Delivery or get proof of posting from the Post Office. And I agree that to avoid any unpleasantness, if you have not received an acknowledgement within 28 days, you should phone DVLA on the number in the booklet that accompanies a V5C. Do this with a phone on an account that keeps a record of your calls.

Tags: dvla v5c documents legal issues

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