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DVLA Failure to tax & LLP
ant1298
post Tue, 22 Jul 2014 - 08:32
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Good morning all,

New member here, so bear with me!

I'm writing on behalf of my Fiancee (Karen) and her vehicle problems.

She purchased a CBR600 on 27/04/2014 (the V5 was signed on the 27th) and immediately stored the bike for later use. The tax for the bike expired on the 30/04/2014.

Karen rang up the DVLA to enquire about making the bike SORN and was advised that because a change of keeper was about to occur that the best bet was to wait until the V5 was in her new name, as any SORN in the previous keepers name would become invalid upon change of details.

Several weeks passed (as you would expect) and the V5 had still not arrived. She rang the DVLA back up only to be told they had not received the document from the previous keeper. By this time the vehicle was untaxed (and uninsured), yet it was stored in a garage. The vehicle was still on the DVLA's system as belonging to the previous keeper. The DVLA told her not to worry about any fines and to wait 6 weeks before starting proceedings to get a new V5.

Karen started to fill in the DVLA V62 as she could not get hold of the previous owner and as stated on the form (section E) she should wait 6 weeks before contacting the DVLA. It was by now around 6 weeks after the purchase. Luckily Karen then managed to get hold of the previous owner to find out he had not even posted the V5 off, something about a holiday and miscommunication between him and his wife. He sent the document off straight away.

Karen received the V5 on the 27/06/14 (2 months after signing the V5) and with it an LLP. The LLP is dated 24/06, so my guess is that's when they were sent, including the V5.

Now that seems a little unfair as she was not responsible for taxing the vehicle according to the DVLA until she became the registered keeper, meaning the fine should fall on the previous keeper. However in its infinite wisdom the DVLA has taken the V5 signing date as the change over date, which in most cases probably isn't 2 months after buying the vehicle.

As far as I can see Karen has followed all the advice the DVLA has offered and has proactively tried to sort this issue out, yet in the eyes of the DVLA it doesn't matter.

I have enclosed the letters and responses for you to view. My question is what to do next, given the previous owners failure to inform the DVLA and the DVLAs over zealous approach to LLPs?

Thanks

Original letter from DVLA:

Attached File  Letter_1.compressed.pdf ( 183.24K ) Number of downloads: 161


Response:

Attached File  dvla_letter__Appealing_fine.pdf ( 40.13K ) Number of downloads: 227


Response 1 from DVLA:

Attached File  Letter_2.compressed.pdf ( 231.19K ) Number of downloads: 216


Final dispute letter:

Attached File  DVLA_Penalty_Appeal_2.compressed.pdf ( 15.38K ) Number of downloads: 256


This post has been edited by ant1298: Wed, 23 Jul 2014 - 09:51
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AFCNEAL
post Tue, 22 Jul 2014 - 09:22
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She may have fallen into the trap of telephone use as opposed to e-mail/letter.............but if she has a record of dates/times and who she spoke to, write to DVLA and tell them she's done exactly what she was told to do?


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ant1298
post Tue, 22 Jul 2014 - 09:36
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QUOTE (AFCNEAL @ Tue, 22 Jul 2014 - 10:22) *
She may have fallen into the trap of telephone use as opposed to e-mail/letter.............but if she has a record of dates/times and who she spoke to, write to DVLA and tell them she's done exactly what she was told to do?


That's the problem really, because she didn't suspect that the events could have led to the current circumstances she didn't record dates or times (or names) of the calls.

Perhaps it was silly of her (us?) not to start proceedings of filling for a new V5, but given the verbal advice and the documents (V62) saying wait 6 weeks before contacting she believed it would all be ok.

I guess this could have all been solved with the previous keeper actually doing what he was supposed to and sending of the V5, such is life!

What sort of grounds does she have for the previous owner failing to update the registered keepers details in a timely manner, causing unnecessary penalties to be incurred by the new keeper? I'm only talking about getting let off the hook by the c**k up from the previous keeper.

Surely the DVLA know the exact time of change over on their system, corroborating the fact the V5 was late?

Thanks

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peterguk
post Tue, 22 Jul 2014 - 09:38
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QUOTE (ant1298 @ Tue, 22 Jul 2014 - 10:36) *
What sort of grounds does she have for the previous owner failing to update the registered keepers details in a timely manner, causing unnecessary penalties to be incurred by the new keeper?


In terms of action against the previous keeper, none that i know of.


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ant1298
post Tue, 22 Jul 2014 - 09:51
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QUOTE (peterguk @ Tue, 22 Jul 2014 - 10:38) *
QUOTE (ant1298 @ Tue, 22 Jul 2014 - 10:36) *
What sort of grounds does she have for the previous owner failing to update the registered keepers details in a timely manner, causing unnecessary penalties to be incurred by the new keeper?


In terms of action against the previous keeper, none that i know of.


I'm specifically talking about changing the penalty over to him rather then Karen, seeing as he was the registered keeper until the DVLA saw the change over date, which was only signed with that date because Karen believed that the V5 was to be sent off in good time.

I know it's straw clutching but until the DVLA saw the V5 he was still the registered keeper and therefore still responsible for the licensing of the vehicle. The vehicle was sold on the 27th April, but the transfer of keeper happened roughly 6-7 weeks afterwards.

Do you think there is any ground to gain here?

Thanks
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Posts in this topic
- ant1298   DVLA Failure to tax & LLP   Tue, 22 Jul 2014 - 08:32
- - AFCNEAL   She may have fallen into the trap of telephone use...   Tue, 22 Jul 2014 - 09:22
|- - ant1298   QUOTE (AFCNEAL @ Tue, 22 Jul 2014 - 10...   Tue, 22 Jul 2014 - 09:36
|- - peterguk   QUOTE (ant1298 @ Tue, 22 Jul 2014 - 10...   Tue, 22 Jul 2014 - 09:38
|- - ant1298   QUOTE (peterguk @ Tue, 22 Jul 2014 - 10...   Tue, 22 Jul 2014 - 09:51
|- - AFCNEAL   QUOTE (ant1298 @ Tue, 22 Jul 2014 - 10...   Tue, 22 Jul 2014 - 09:56
|- - ant1298   QUOTE (AFCNEAL @ Tue, 22 Jul 2014 - 10...   Tue, 22 Jul 2014 - 10:06
|- - peterguk   QUOTE (ant1298 @ Tue, 22 Jul 2014 - 11...   Tue, 22 Jul 2014 - 10:10
|- - ant1298   QUOTE (peterguk @ Tue, 22 Jul 2014 - 11...   Tue, 22 Jul 2014 - 10:19
- - Logician   Why did she leave the previous keeper to send off ...   Tue, 22 Jul 2014 - 09:48
|- - The Rookie   QUOTE (Logician @ Tue, 22 Jul 2014 - 10...   Tue, 22 Jul 2014 - 10:18
|- - ant1298   QUOTE (The Rookie @ Tue, 22 Jul 2014 - 1...   Tue, 22 Jul 2014 - 10:24
- - sgtdixie   I have sold a couple of vehicles in the last year....   Tue, 22 Jul 2014 - 10:21
- - The Rookie   I would say that the fact the V62 says to wait 6 w...   Tue, 22 Jul 2014 - 10:32
|- - ant1298   QUOTE (The Rookie @ Tue, 22 Jul 2014 - 1...   Tue, 22 Jul 2014 - 10:47
- - The Rookie   Pretty much that, yes, that you couldn't make ...   Tue, 22 Jul 2014 - 12:13
- - ant1298   Please see if this is an acceptable appeal letter,...   Tue, 22 Jul 2014 - 15:34
- - AFCNEAL   Almost! (In my opinion). Let others with more ...   Tue, 22 Jul 2014 - 16:56
- - ant1298   So I have the letter ready to send today, here it ...   Wed, 23 Jul 2014 - 09:48
- - The Rookie   I wouldn't use the word mitigate, it is defenc...   Wed, 23 Jul 2014 - 10:22
|- - ant1298   QUOTE (The Rookie @ Wed, 23 Jul 2014 - 1...   Wed, 23 Jul 2014 - 11:24
- - ant1298   I'd also like to add that if you pay close att...   Wed, 23 Jul 2014 - 14:18
- - ant1298   So just an update, we paid the fine on 01/08/14 as...   Mon, 4 Aug 2014 - 17:28
- - Glacier2   I has a feeling that because you paid, you have ad...   Tue, 5 Aug 2014 - 20:42
- - ant1298   DVLA responded, I believe the letter was sent befo...   Tue, 5 Aug 2014 - 20:53


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