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DVLA - Tax fine on sold car
Tiddles100
post Wed, 7 Feb 2018 - 11:05
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Hi

I wondered if anyone can help. I will keep it brief as possible:

Car failed MOT Jan 2017 - tax came due on 1st Jan, didn't tax as was about to scrap then a trader bought it on 4th Jan 2017 - I was fined for this but paid this as I take responsibility for me not taxing it while I had it for the 4 days of Jan so paid the £80.

I sent off V5 with traders details on 3 days after the sale of the vehicle standard 1st class

May / June I started getting parking tickets from everyone for the car - These were dropped based on a letter from DVLA (see comments further down)

Contacted DVLA in June/July to advise of this and they said they had not received the V5 and said they would mark it down that I had sold the vehicle on 4th Jan and sent a letter confirming this to me

Fast forward to 2 weeks ago and I get a letter from Advantis Debt Collectors saying I have an £80 fine for no tax on 1st Feb. I wrote to them and DVLA advising that I was not the owner, I provided proof in form of pictures of the trader selling the vehicle showing the date of January 2017 as well as a copy of a Facebook chat of him arranging to collect the vehicle from me.

I have had no requests for tax on this car between Feb and 2 weeks ago from DVLA

They have rejected this and said the usual thing, as it was my responsibility to chase the acknowledgment letter with them then I am still liable. From what I read, it is not my legal requirement to chase them and as it was posted I have carried out my required obligation (should have sent recorded but lesson learned).

I really don't want to pay this as I feel I have provided sufficient evidence that I was not the owner. The parking ticket companies accepted this with the letter from DVLA sent to me in July saying we accept the vehicle was sold in January 2017 yet DVLA won't accept their own letter. I have had to request a further copy of this as one of the parking ticket companies would not accept a copy so had to send original. DVLA are now dragging their heels in sending me a copy, I have been waiting 3-4 weeks for it and when I call I was told it could take another 3 weeks but has been requested.

My other concern is, is that as they say I never notified them until July, I will no doubt be find for Feb, March, April, May, June and July for no tax as the new owner has not taxed the vehicle and they have now allowed the MOT to run out from what I can see online.

Any advice would be greatly appreciated. If I felt I was at fault I would happily pay what was due but they seem to be being very blinkered.

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post Wed, 7 Feb 2018 - 11:05
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cp8759
post Wed, 7 Feb 2018 - 12:34
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Have you tried calling them and asking whether you're still shown as the registered keeper?


--------------------
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
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Tiddles100
post Wed, 7 Feb 2018 - 13:55
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Hi

I haven't - I will do that now though and see what they say and confirm

Hi CP8759

I just spoke with DVLA, they advised that there is now no registered keeper of the vehicle and that the letter I requested (copy from July) should be with me any day and that there is a case on the vehicle which is reopened (I am presuming this is the the current issue being reopened as I had raised the problem in June/July time). I also asked that given the car is showing as insured could they not just contact the insurer but they said no, they cannot do this.

thanks

This post has been edited by Tiddles100: Wed, 7 Feb 2018 - 13:56
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notmeatloaf
post Wed, 7 Feb 2018 - 22:45
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Personally I would send Advantis (or whatever the name is) a letter telling them to put up or shut up. Remember to them this is a numbers game, and everything is designed to wear you down by appealing and explaining only for them to send you a template letter costing them 50p. Eventually some people will just pay to shut them.

If you start engaging with them on their terms they will just mark you out as someone worth pursuing.

Sorry if that sounds harsh. I knew someone who worked in a DCA and they did not give a sh*t what someone was saying, just whether they were going to force the money out of them or not.
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Tiddles100
post Thu, 8 Feb 2018 - 10:14
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Thanks Notmeatloaf, I do agree with you. I will maybe email them today telling them that I will deal with DVLA in the matter, as really nothing Advantis can do. I am prepared to go to court I think if DVLA push it. I just need to clarify what my legal standing is with regards them saying it is my responsibility to contact DVLA if I don't receive notification of transfer in 4 weeks.

My argument will be that had they chased me up in February regarding no tax when it fell due then it is their responsibility equally to chase me up as I have had zero communication about it until this week.. As from what I have read (not sure if it's true or not) but if a company stipulates the other party must chase them, or send recorded delivery etc - they have to do the same?

This post has been edited by Tiddles100: Thu, 8 Feb 2018 - 10:15
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I am Weasel
post Thu, 8 Feb 2018 - 16:50
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QUOTE (Tiddles100 @ Thu, 8 Feb 2018 - 10:14) *
My argument will be that had they chased me up in February regarding no tax when it fell due then it is their responsibility equally to chase me up as I have had zero communication about it until this week.. As from what I have read (not sure if it's true or not) but if a company stipulates the other party must chase them, or send recorded delivery etc - they have to do the same?

I do not think that this argument will win in court. Nowhere is it stated in law that the DVLA has any responsibility at all to notify you when your VED is due to expire. Good luck
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Tiddles100
post Fri, 9 Feb 2018 - 16:35
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Hi I am Weasel - yes, I would look a bit of a fool if I did this LOL. My point was that they say they send letters in the post but I never get them and they get passed to debt collectors (as above) yet they state I have an obligation to chase them up. Usually something like this would need to work both ways although I am sure it doesn't. They are happy to fine me for them not receiving the notification of sale yet I can't fine them for stuff they have lost of mine (such as my driving licence a year back).
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DancingDad
post Fri, 9 Feb 2018 - 17:16
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Bit like advising to close the stable door once the horse has bolted but online is the way to deal with DVLA on changes.
Sold car late last year, before the buyer had cleared the end of the road had notified DVLA and got an acknowledgment.
Written confirmation no longer the RK before the week was out.

Similar when I bought my last car, we (seller and myself) sorted change online along with tax before I drove off. New V5c in my name within a fortnight, possible sooner.
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