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DVLA enforcement notice


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42 replies to this topic

#1 pete

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Posted 03 June 2013 - 09:29 PM

a notice has been issued to me by DVLA over failiure to notify them of the disposal of a vehicle owned by me.This they say is an offence but to stop them taking me to court i can make an out of court settlement of £55 or £35 if paid in 7days. The vehicle in question was stolen some 9 months ago and all documentation was sent to the insurance company as they insisted.They then paid me out.6 months later the vehicle was recovered and the insurance co. sold the vehicle at auction as a cat d with no papers ,history or keys.

The new owner has then applied for and got a new log book and the dvla have subsequently issued the above notice.So am i liable or should the insurance company have informed them.Do i pay it and then dispute it.Do i attempt to appeal it or should i let them take me to court.

 

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#2 Trevsked

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Posted 03 June 2013 - 10:28 PM

Pay the £35 and live the rest of your life. If it makes you happier contest it after but pay it and sleep.

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#3 Buddsy

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Posted 03 June 2013 - 10:36 PM

I did start to write I wouldn't pay...then I thought about it. I think maybe in this case you should have notified DVLA. Didnt you claim your road tax back? If your insurance paid up Im with Trevor, sometimes for the sake of £35.00 I think Id just pay it. I mean you could contest it but think about the amount of effort and time and thinking. You could just go to the pub with your mates or for a walk in the park and enjoy a bit of extra life!

 

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#4 mayesprit

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Posted 03 June 2013 - 10:53 PM

Its my understanding that it is the registered keeper who is responsible for licensing the vehicle. (ie the insurance company and then the new owner) You may not now be the owner or have it in your possession but it sounds like the Insurance Company didn't notify DVLA or the Insurance Company or new owner Incorrectly completed the V5C part.

So much for the V5c being easier to complete nowadays.

I kind of agree with Trev - pay the £35 and then moan at the Insurance Company.
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#5 Alex--GT3--

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Posted 03 June 2013 - 11:11 PM

Isnt there two parts that have to be completed from the V5 which have to be sent to the DVLA one by the seller and one by the new owner? Both have to inform the DVLA of the transfer of ownership.

 

So when the insurance company took ownership that is when you should have sent your bit of the V5 off to the DVLA.



#6 Simon350S

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Posted 03 June 2013 - 11:18 PM

Not any more Alex. Not been that way for some time.

It's 100% on the previous owner to inform, only 1 document to send.

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#7 s4simon

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Posted 03 June 2013 - 11:21 PM

If you still have the car history in your possession, I'd sell it to the new owner for say...  35 pounds.


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#8 Alex--GT3--

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Posted 03 June 2013 - 11:30 PM

 If your insurance company decides to write off your vehicle, you’ll need to hand the vehicle over to them to dispose of.

You’ll need to:

  • complete the V5C/3 ‘Notification of sale or transfer’ section of your registration certificate and send it toDVLA
  • give the rest of the registration certificate to your insurance company

Your insurance company may ask you for the whole registration certificate.

If this happens, write a letter with details of your insurance company and the date you gave them the vehicle to DVLA.

https://www.gov.uk/s...ff-your-vehicle

 



#9 Kimbers

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Posted 04 June 2013 - 08:22 AM

Sadly it's your responsibility. You could contest it and take your insurance company to the small claims court to recover it but is it worth it?


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#10 Bibs

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Posted 04 June 2013 - 08:28 AM

How could you contest it if it's your responsibility?


 


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#11 Kimbers

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Posted 04 June 2013 - 09:19 AM

Say the insurance company were negligent.


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#12 Bibs

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Posted 04 June 2013 - 09:23 AM

If it's Pete's legal responsibility, despite the insurance company having the papers, it's his shout to inform the DVLA. It's reasonable for the DVLA to assume he'll fulfil this right by calling the insurance company and asking for the V5C back and although common sense says that the insurance company does enough of these to be able to let him know about it. Ignorance of the letter of the law is no excuse and it's not their legal responsibility to inform the registered keeper of theirs.

 

I'm in the 'pay the £35' camp by the way :lol:


 


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#13 molemot

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Posted 04 June 2013 - 01:01 PM

I'd be damned if I'd pay them. I've had battles with the DVLA in the past, and my experience has been that if you persist and find the right person with authority and not deal with the minions, you will most likely get this revoked. It certainly is piling on the agonies....



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#14 basalte

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Posted 04 June 2013 - 01:02 PM

Hi,  this all sounds nastily like the trouble I had with the DVLA last year (see the "Insurance vampires" thread) . In my case the Broker (eventually) admitted selling me a policy that didn`t exist and formally apologised upon which the DVLA stopped chasing me, so the car had not been recorded as insured and of course I was the one who got all the threatening letters from DVLA !

 

Yes I think you are probably technically "guilty" for failing to notify the DVLA - but there were clearly extenuating circumstances (theft)  where the Insuror should have notified them, given they had assumed control of the paperwork.

 

Ideally you should complain to the Insuror first before paying any fine and try to get a Letter of Indemnity from them admitting its their fault) , or otherwise pay the fine and then seek indemnity from the insuror. If you sue them-under no circumstances  go to a solicitor or they will charge you more than you get back in damages where the sum claimed is under £10,000 (Governments fault, not solicitors) .



#15 Roger the Dodger

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Posted 04 June 2013 - 01:19 PM

I had an interesting one a couple of years ago. I sort redress from a government department for certain expenses. They duly turned me down as I had failed technically to comply with the act.

Never one to surrender, I enlisted a helping hand from a lawyer friend, who drafted a letter for me pointing out that the Minister had an obligation to ensure I was adequately informed, which I clearly wasn't therefore the onus was on the Minister, and the happy ending,,, they paid up.



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#16 Roger 912

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Posted 04 June 2013 - 03:10 PM

Surely the word "disposed" means that you are not legally responsible. You did not dispose of the vehicle, it was nicked.

 

I always say it is worth a letter and a stamp rather than pay up. They work on the assumption that 90% of motorists will pay. Be one of the 10% who fight it and eventually it will be them who give up and close the docket.

 

Good luck.



#17 pete

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Posted 04 June 2013 - 09:30 PM

Surely the word "disposed" means that you are not legally responsible. You did not dispose of the vehicle, it was nicked.

 

I always say it is worth a letter and a stamp rather than pay up. They work on the assumption that 90% of motorists will pay. Be one of the 10% who fight it and eventually it will be them who give up and close the docket.

 

Good luck.

Exactly what i think.Won`t be paying the £35.Can`t help thinking the DVLA are behaving the same way as the clamping scum that they sell our details to .Trying to bully us into paying a fine with the threat of court action if we don`t.Should sleep well tonight now


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#18 pete

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Posted 17 June 2013 - 08:30 PM

Just an update. Told DVLA would not be paying any fee not to appear in court as vehicle was stolen as reported to them by insurance company and perhaps they would like to proceed with threatened court action. Today received a letter from them asking who i disposed vehicle to and and that no proceedings would take place until after july 7 pending on my answer to this question and a few others.

So is the insurance company the person i disposed of it to or the thief or the new owner? Or shall i ignore it or pass letter on to insurance company?


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#19 surferphil

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Posted 17 June 2013 - 10:23 PM

Answer: You did not dispose of the vehicle to anyone, you are a law abiding citizen, the insurance company paid you for it.

 

Therefore the charge for not informing them of the disposal is false.

 

Did you tell them the story you have written in page 1? 



#20 pete

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Posted 17 June 2013 - 10:25 PM

yes and so has the insurance company


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