DVLA issue/advice

moss

moss

moss

Soldato
Joined
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Location
South Shields
I sold my R6 back in Feb this year on ebay, a few days later the guy collected it and I sent the V5 off as normal to notify of the new owner.
I then went on holiday and had other things going on that I hadn't realised I had not received a confirmation letter from the DVLA. About a week ago I received a letter offering an out of court settlement for not notifying of new owner, I sent a letter back saying I had sent the v5 off as usual using standard first class post as there's no legal requirement to send it any other way. The bike needed taxed and the new owner had my phone number if he had any problems. If I have to I will pay the fine, but I had sent the v5 and as far as I'm aware the confirmation letter isn't a legal requirement?
It seems with the DVLA if they don't recieve or claim not to receive your letter there isn't much you can do, yet if the opposite happens they are happy to fine you.
I know I should have checked after not receiving the confirmation letter but I had other things going on in my life, is it worth pursuing or just pay the fine and be sure to send everything with proof of postage in future?
 
i'd probably just pay the fine as they will just ask you to prove confirmation.

they technically "haven't recieved it" unless they send confirmation
 
That's pretty much all that's been said, I've seen various forums with mixed outcomes on similar matters but for the size of the fine (£35 if I pay it before a certain date) it may not be worth the hassle.
 
Bite the bullet and pay the fine, i dont know anyone that's won arguing with the DVLA.
 
DiamondMark said:
Bite the bullet and pay the fine, i dont know anyone that's won arguing with the DVLA.
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I do - me

They fined me for not declaring SORN.
I informed them I had scrapped the car and sent them the V5 to declare this.
They told me they never received it and had to pay the fine.
I told them I had sent it and considered it served after 2 days.
They told me they never received it and had to pay the fine.
I told my MP who wrote to the DVLA to plead on my behalf.
They dropped the case.

Or you can tell them to take you to court, where, more often than not, they lose. You posted the V5 as required, you may consider it served within 2 days, there is no legal requirement for you to expect or chase a confirmation letter.

Do not pay the fine.
 
Lopéz said:
Or you can tell them to take you to court, where, more often than not, they lose. You posted the V5 as required, you may consider it served within 2 days, there is no legal requirement for you to expect or chase a confirmation letter.

Do not pay the fine.
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This. It was even on Watchdog a week or two ago for this exact thing. Go to iplayer if it still has it that long.
 
I got a receipt from the post office for my V5. DVLA claimed they never received it. Post Office don't keep any records of stuff sent to the DVLA. Final result was a £14.28 fine increased to a £220 in court.
 
Result!
Sent a second letter off to them after the first reply they sent said very little different to the initial letter. Mentioned in the letter that 'the Interpretation Act 1997 makes it clear that use of first class post allows for a presumption of service unless otherwise proven' and a whole load of other legislation (that in truth I have no clue about but copied from various internet sources).
Got this reply today :)
dvlapage1.jpg

dvlapage2.jpg
 
When I sold my VXR I didn't get notification, completely forgot about it and then received a tax renewal reminder, phoned them up and was told to put it in writing, which I did. A further two months later I finally received confirmation that I was no longer responsible - it turns out this was a result of someone buying the car, not my original change of owner, phone call or letter.
 
The DVLA are a mess. I feel ill just reading about their astonishing incompetence, denial of wrong-doing and insistence and imposition in to people's lives. A total joke. I listened to the head of the DVLA plead sympathy on Watchdog the other day and I almost vomited. They are a public service organisation that thinks it's the Gestapo.
 
MadMossy said:
For such an organisation that can make or break the lives of people they should NEVER make a mistake.
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Never making a mistake is an impossible feat for anyone. However, it's the way you act when you do get it wrong that makes the difference.

If your bank were to somehow lose your current account balance, you would phone them and it would be resolved. The presumption would be that the bank has made a mistake, and every effort would be made to verify your claim (using transaction logs etc.) and resolve the issue.

The DVLA seem to lose information and think it's perfectly acceptable to declare people's claims a fallacy.

Then they'll fine you for something they've invented, you had no prior knowledge of, has little basis in law, and no-one could reasonably expect you to be aware of.
 
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In fairness is it right to blame the DVLA where the **** up is more likely to be from Royal Mail?

Considering the volumes of mail the DVLA must receive, and the percentage of post royal mail manage to lose, there must be tens of thousands of postal notifications the DVLA genuinely don't receive.

Surely chasing up to confirm reciept if you don't hear anything is a reasonable expectation?
 
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