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DVLA Notification of change of ownership, failure to comply

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  • DVLA Notification of change of ownership, failure to comply

    Hi

    I sold my freelander on the 21st of september 2012. As I am disabled the class had to be changed to private in order for the new owner, who is a friend of mine to get tax on it. She was fine with this as could park it on her drive, until she received the new log book. I sent the Log book First Class post and gave the other half to my friend.

    Couple of weeks later, she still hadnt had the logbook, so she rang DVLA who told her that sometimes they can take up to 6 weeks to come to them, but if she was desperate to tax the car she could take all the documents to the Bristol office, so the class could be changed and get her tax. She decided as she was only using the car to pull a trailer for her horse, she wasnt too worried, as they were still in the process of buying the trailer, so she decided to wait. So 6 weeks went by, and still no log book. So off she went to Bristol to do it all there.

    I then received a notice to confirm that the car ownership had changed details. So I rang the department and spoke to a lovely chap there, who told me not to worry, that logbooks often go astray, and all I had to do was write on the back of the letter, explaining that I had sent the logbook in, and I had sold the car to my friend. He even told me the wording to use.

    So again, I sent this letter off first class post, and thought nothing of it. Then on the 5th Jan I got a letter notifying me they were fining me for not notifying them, and that I could appeal this on the back of the letter. I rang them up, and they have no record of the second letter that I sent in November!! Plus this letter they sent me was dated the 14th December and I didnt receive it until 5th JAnuary asking me to pay the fine by the 7th!!

    In hindsight I should have sent both recorded delivery but I didn't. I just posted them First Class post.

    I just wondered where I stand with this, cos to me the only real way to ensure they got it, was to deliver it by hand, which is ridiculous! I have just sent the letter back appealing the decision, based on above, sent recorded, seem as tho they keep losing all my correspondence. tut.

    Is the onus on them to prove I didnt post it, or do I have to suck it up and pay, even though I informed them twice.

    Thanks for your help.
    Last edited by Silvermaneuk; 7th January 2013, 17:13:PM. Reason: spelling
    Tags: None

  • #2
    Re: DVLA Notification of change of ownership, failure to comply

    Just a thought have they a recording of the phone call. A lot of companys now record phone calls or at least keep a log.

    Comment


    • #3
      Re: DVLA Notification of change of ownership, failure to comply

      In my appeal I asked them if they had a recording of the conversation as obviously I did speak to someone!
      Last edited by Silvermaneuk; 7th January 2013, 17:11:PM.

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      • #4
        Re: DVLA Notification of change of ownership, failure to comply

        This is very common with DVLA, ask them to prove you didn't send it.

        Comment


        • #5
          Re: DVLA Notification of change of ownership, failure to comply

          This is a common try-on by DVLA. Once you have posted the part of the V5C notifying them of change of ownership, you have complied with your obligation under the relevant legislation. It is also known that documents do go astray and get lost at DVLA and they have admitted to this on a number of occasions.

          At the end of the day, the onus is on them. As Ploddertom says, put them on notice to prove you didn't send it.
          Life is a journey on which we all travel, sometimes together, but never alone.

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          • #6
            Re: DVLA Notification of change of ownership, failure to comply

            I sent them a letter, explaining that I had notified them not once but twce and I just got a letter in the post saying they are giving me a last chance to pay the penalty before they will take me to court. sigh. Any ideas what I can say. I am writing as a letter of complaint to be dealt with by the office manager.

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            • #7
              Re: DVLA Notification of change of ownership, failure to comply

              oh and they have just done this to me. We bought a nissan almera just before xmas and the dealer sent of the log book with several other log books and we havent had the new log book so I just had to fill in a V62! So they cant say that they dont lose them, cos he sent mine with several others, yet the other owners got their log books.

              Comment


              • #8
                Re: DVLA Notification of change of ownership, failure to comply

                You may find this interesting:

                http://www.thisismoney.co.uk/money/c...lost-form.html

                Comment


                • #9
                  Re: DVLA Notification of change of ownership, failure to comply

                  ok I am CC my letter to the chief chappy.

                  I have quoted these two pieces as well as laying out my complaint and facts.

                  Please note section 7 of the interpretation act 1978:


                  1. Where an Act authorises or requires any document to be served by post (whether the expression "serve" or the expression "give" or "send" or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.



                  and also:


                  The Road Vehicles (Registration and Licensing) Regulations 2002 requires (in this instance under s.17) that "the registered keeper shall immediately notify the Secretary of State of the fact and, at the same time, surrender the registration document to him"; s.3 states: "(3) Any application, notification, notice, information, particulars, appeal, declaration or other document or thing given or made in pursuance of these Regulations shall, except where it is expressly provided otherwise, be in writing."

                  Comment

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