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Sun 20 Jun 2010 12:06

Renault Clio - Late Licensing Penalty - Alice

I sent the following query to Honest John and he said I should send it to legal matters and Lucy Bonham Carter might be able to offer me advice. I wonder if you can help? Obviously I was supposed to do something when I sold the car to the garage but I am at a loss as to what I should have done as I completed all the correct formalities with the garage and they sent all the forms to the DVLA two days after completion of the transaction.

Anyway, here is what I wrote to Honest John and your help would be much appreciated.

I had a letter from Continuous Registration Centre (DVLA) asking me to pay a fine (£40 or £80) because I had not taxed my car. My car tax was due at the end of February and I sold it to a garage in part exchange on the 18 February so was no longer the registered owner and had another car from the garage which is taxed. I filled in something on the back of the letter to the effect that the car had been sold on 18 February.
I then received another missive saying that they didn't accept that and I was still the registered owner and should have paid the tax or notified them I was no longer the owner. I wrote back to them again telling them I had sold the car and with copies of sale document, everything that I had signed at the garage, and a copy of the log from the garage showing they had sent everything to do with their purchase of my car to the DVLA on the 20 February.
I have heard back from Continuous Registration Centre saying I had failed to relicense my car under Section 7A of VERA 1994 and that I had failed to notify them I was no longer the owner contrary to Regulation 22 and 24 of VERA 2002. I do not understand the Act and don't see why I should pay for a tax disc on a car of which I am no longer the owner.
Can you explain this to me?
Very many thanks: Alice Garlick

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Sun 20 Jun 2010 15:24

Renault Clio - Late Licensing Penalty - LucyBC

Hi Alice,

The DVLA want to avoid setting a precedent on these cases so while our success record is 90%+ on motoring offences they will refuse to deal with us on cases like this.

The rules imposed under the Vehicle Excise and Registration Act 1994 (VERA) are that once you send off your paperwork the DVLA will acknowledge receipt within 28 days or the change is deemed not to have taken place. I think this is an affront to natural justice when you can show that you have done so but the DVLA throw considerable financial resources against anyone who challenges them to discourage any action in the courts. Facing a very large legal bill as an alternative to paying less than £100 people choose to back down. I am not saying that is right but it is what happens.

In times past when we had motoring organisations which represented the driver and were not merely insurance operations run by private equity companies heavily leveraged on borrowed money this might have been challenged in the courts.

But at the moment until they book Simon Callow or someone in similar financial circumstances no one is willing to risk the huge legal costs that might be involved in taking them on and they remain unchallenged.

Until about three years ago the DVLA would review and deal with these cases based on the particular circumstances and evidence.

They no longer seem to do so and will rigorously oppose any attempt at a challenge.

I have seen cases where the DVLA have backed off and withdrawn their charges but on every occasion this has happened over the last three years it has involved the intervention of their MP.

So involving your elected representative (rather than a lawyer) may well be the best route to take.

Edited by LucyBC on 20/06/2010 at 15:30

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Sun 20 Jun 2010 15:30

Renault Clio - Late Licensing Penalty - Dwight Van Driver

The Road Vehicles (Registration and Licensing) Regulations 2002

Change of keeper: registration document issued in Great Britain on or after 24th March 1997 and the new keeper not a vehicle trader

22. - (1) This regulation applies where -

(a) there is a change in the keeper of a vehicle;

(b) a vehicle registration document has been issued in respect of the vehicle in Great Britain on or after 24th March 1997; and

(c) the new keeper is not a vehicle trader.

(2) The registered keeper (The Poster) of the vehicle -

(a) if the registration document issued in respect of the vehicle is in his possession, shall deliver to the new keeper that part of the document (Section 10 V5) marked as the part which is to be given to the new keeper; and

(b) shall forthwith deliver the remainder of the registration documen (V5) to the Secretary of State, duly completed to include the following -

(i) the name and address of the new keeper;

(ii) the date on which the vehicle was sold or transferred to the new keeper;

(iii) a declaration signed by the registered keeper that the details given in accordance with paragraph (i) are correct to the best of his knowledge and that the details given in accordance with paragraph (ii) are correct; and

(iv) a declaration signed by the new keeper that the details given in accordance with paragraphs (i) and (ii) are correct.

From what has been posted the law has not been complied with because THE POSTER did not send DVLA V5 ( Minus Section 10) and despite clear and concise instructions on V5 let the Garage do what he should have done.

Whilst I agree with the sentements of Lucy, the object of change of ownership notification is to ensure the DVLA Vehicle Register is kept fully up to date DVLA are being b***** minded in that the necessary information has been forwarded. They are obviously adhering to the letter of the law as opposed to the spirit.

dvd

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