DVLA breach/quick ?

[Happygoodman]

Is it a LEGAL requirement to inform the DVLA if your V5 hasn't arrived within 4-6 weeks? Asking because they sent mine to unknown address. Due to stress of move, didn't contact (that V 5 hadn't arrived ) for months after their 6/4 weeks rule. They fining me as well as a whole lot of other complications (ended up in court for parking offence I had never heard of due to data breach).
SEt up a subject Access Request with them and they over 30 days yet demanding fine for me not informing them that V5 hasn't arrived. Going to appeal but need to know if this 4/6 week rule they have is LEGAL.

[R0b]

Without checking the legislation, my initial thoughts are that you have an obligation to notify the DVLA promptly of changes to your licence e.g. name, address etc. but the 4-6 week contact period if you haven't received it I believe is some self-imposed rule by the DVLA and I don't think it has any legal force. If they have fined you on the basis that you failed to contact them for not receiving the V5, I would be asking them to point you to the relevant part of the legislation that (a) imposes an obligation on you to notify them if you haven't received it and (b) the time period to notify the DVLA is 4-6 weeks and (c) the consequences of failing to do so means they have a legal right to fine you for failing to notify them.

I'm tagging des8 as he's probably more up to date than I am but I am fairly sure this is something that comes up regularly and it is not a legal obligation to tell the DVLA if you haven't got it within that period of time. I think what would be more concerning is that fact the DVLA have issued the V5 to an unknown address and if true, would be a breach of data protection on their part.

[des8]

The legislation is clear that the registered keeper of a vehicle must notify the sec of state (a,v. the DVLA) forthwith of a change of address.
[The Road Vehicles (Registration and Licencing) regulations 2002 statutory instrument 2002 no. 2742 Sec 18 (1)]

Sec 18 (2) then states the Sec of State (a.v. the DVLA) must record the changes and issue a new registration document to the registered keeper


When notifying the DVLA the onus is on the registered keeper to ensure the information is received by the DVLA, hence I always suggest some form of proof is used (eg signed for post as DVLA contrary to their claims do lose post!)

Similarly the regulations are framed in such a way that the onus is on the Sec of State to issue the documents to the keeper, not for the keeper to chase them up.
I know of no supplementary regulation requiring the registered keeper to make enquiries about a possible delay in the issuing of the documents.
I'd be inclined to go on the offensive and ask why they had not complied with the legislation and as they fine you if you don't comply what do they intend to do about their own failure (as well as breaching data protection rules)

[Happygoodman]

Thank you very much to both of you for these replies. Very much appreciated.

IN my appeal of fine, should I also mention that I have not received the subject Access Request and that it's beyond 30 days? And also that the judge, during my court case last week, dismissed the charges for Failure to Give Information due to driving offence (as did not receive letters) and was very lenient about the fine for driving offence £65 (did not receive letters here either) I can provide evidence for this.

(Regarding breach of data, I'm taking it to a No Win No no Fee. Sadly, not wealthy. I was banned from driving. I'm a key skill worker and parent and now after the whole long process and stress I'm suffering from very mild PTSD)

[des8]

If you apply for a replacement V5 (log book) for any reason the charge is £25 (and any reason includes not telling DVLA that the new V5 noting a change of address has not arrived until after the expiry of 6 weeks. They are almost worse than parking companies!)

[Happygoodman]

Thank you once again again!
Today the DVLA have sent through the info from Subject Access Request but have NOT sent the forms they sent to the wrong address (VH5 plus some other letters about late tax) which is what I need to claim compensation.
How do I best go about this? Make another subject Access Request or bypass that and make a complaint to the Commissioner Office.