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[JamesV6CDX]

Had a letter from DVLA, saying that because I did not declare a vechicle sorn, I have committed an offense and have to pay a £40 fine, and £18 arrears.

Thing is, I sold the car back in March 2006, a year ago. At time of sale I sent the logbook to DVLA, but they don't seem to have recieved it obviously.

I have replied as instructed in writing, disputing the fine,  including copies of the ebay details of when it was sold.

What are my chances? this is so unfair...

[Ronald_McBurger]

Lesson 1 of business and law. ALWAYS get proof of posting.

If you are saying that you sold the car BEFORE they say an offence was commited, then just provide proof of the date of sale (ebay listing) and name/address of buyer.

If you are saying that you bought it, sent them a SORN and they didn't receive it, you have a fair chance. Would be much better if you could provide proof of posting.

It has been known I believe, for some less honest people to take a letter to the post office and send it to themselves with a proof of posting certificate stamped by said post office. Then, with a second blank proof of posting, a scanner and a bit of clever work in photoshop, they have produced an authentic look 'original' proof of posting that would confirm sending someone else a letter at a different date.

Not that I woulkd suggest you try that of course, but it wouldn't be that difficult for someone with moderate editing skills at changing dates on post office stamps etc. Of course, one would have to be careful to use the correct post off abreviation of month as they do not use standard ones. ie, May is MY.

[JamesV6CDX]

Basically, considerably after I sold it the new owner failed to declare sorn or tax it. But for some reason, I am still the registered keeper, even though I sent the logbook into DVLA at the time of sale.

Hence why the fine has come to me..

[Ronald_McBurger]

Oh, that is no problem. As you sold the car, the new owner is responsible for declaring it SORN as long as it was either SORN'd or taxed when you had it.

Just send a letter to DVLA giving them the date of sale and the new owners name and address. Enclose a copy of the ebay listing if you can, and send it by recorded delivery.

If you cannot remember or find the new owners details, type out an affidavit. Basically a statement which says what happened, sale, log book etc and that at the time of thiss alleged offence you were NOT the keepr or owner. Take that to ANY solicitor and say you just want to swear an affidavit. They will charge you a nominal fee (usually £5 - £10) and stamp the affidavit with their solicitors stamp.

DVLA cannot persue you any further as you did what was required.

In future, ANYONE selling a car take note. Send the V5 off yourself by recorded delivery. AND keep a note of the name and address of the buyer, even if they give you a false one.

You can ring DVLA, but they will always ask you to send them a letter anyway.

[JamesV6CDX]

Oh, that is no problem. As you sold the car, the new owner is responsible for declaring it SORN as long as it was either SORN'd or taxed when you had it.

Just send a letter to DVLA giving them the date of sale and the new owners name and address. Enclose a copy of the ebay listing if you can, and send it by recorded delivery.

I have done exactly that  

I have still got copies of the emails etc that eBay sent me with the details and dates of the transaction, and the buyer. It shows his full name and address, and I've got copies of his original eBay invoice.

I will send all of this to DVLA with a letter of explanation that I have already written, and hopefully that will be that. I have said in my letter I would be prepared to swear in court that I informed them of change of ownership in March 06.

Chances of me getting off this fine?!

[Markie]

i am going through something similar right now - i dont fancy my chances simply because is the barsteward DVLA

[JamesV6CDX]

i am going through something similar right now - i dont fancy my chances simply because is the barsteward DVLA

Why not? Fight the barstards if you've got genuine reason! I intend to

[Markie]

i am going through something similar right now - i dont fancy my chances simply because is the barsteward DVLA

Why not? Fight the barstards if you've got genuine reason! I intend to

oh i am   but beurocracy in this coutry does not know common sense...fingers crossed though

[Ronald_McBurger]

Oh, that is no problem. As you sold the car, the new owner is responsible for declaring it SORN as long as it was either SORN'd or taxed when you had it.

Just send a letter to DVLA giving them the date of sale and the new owners name and address. Enclose a copy of the ebay listing if you can, and send it by recorded delivery.

I have done exactly that  

I have still got copies of the emails etc that eBay sent me with the details and dates of the transaction, and the buyer. It shows his full name and address, and I've got copies of his original eBay invoice.

I will send all of this to DVLA with a letter of explanation that I have already written, and hopefully that will be that. I have said in my letter I would be prepared to swear in court that I informed them of change of ownership in March 06.

Chances of me getting off this fine?!

None at all. The fine is for the owner/keeper not taxing the car or SORNing it. You are and were neither the owner or keeper at the time of the offence AND you can prove it.

No case to answer

SEND IT RECORDED DELIVERY!

[x25xe]

I always send things to the DVLA recorded delivery.  Don't trust the post.

[Ken T]

Recorded delivery is not a lot of use. The Post office treat Recorded as normal mail until it gets to the delivery location, and hence a lot gets lost. I sent Recorded 4 items in the last 2 months; the Post Office lost 2. And the DVLA, well..I sent in my license for a change of address. They screwed up the address and sent it to the old house, and my signature on the new card is 1mm high !!. Recorded does show that you sent it, so you can blame the Post Office, however lots of government places say its the sender's responsibility to ensure it gets there, and lost in the post is no excuse.Special delivery is treated better, but they still screw that up as well.

[Taxi_Driver]

Recorded delivery is not a lot of use. The Post office treat Recorded as normal mail until it gets to the delivery location, and hence a lot gets lost. I sent Recorded 4 items in the last 2 months; the Post Office lost 2. And the DVLA, well..I sent in my license for a change of address. They screwed up the address and sent it to the old house, and my signature on the new card is 1mm high !!. Recorded does show that you sent it, so you can blame the Post Office, however lots of government places say its the sender's responsibility to ensure it gets there, and lost in the post is no excuse.Special delivery is treated better, but they still screw that up as well.

And even when the PO dont screw up and loose it, they can shove recorded items thro your letter box without bothering to knock and ask for a sig  

That happened two weeks ago to me......

[Markie]

Recorded delivery is not a lot of use. The Post office treat Recorded as normal mail until it gets to the delivery location, and hence a lot gets lost. I sent Recorded 4 items in the last 2 months; the Post Office lost 2. And the DVLA, well..I sent in my license for a change of address. They screwed up the address and sent it to the old house, and my signature on the new card is 1mm high !!. Recorded does show that you sent it, so you can blame the Post Office, however lots of government places say its the sender's responsibility to ensure it gets there, and lost in the post is no excuse.Special delivery is treated better, but they still screw that up as well.

And even when the PO dont screw up and loose it, they can shove recorded items thro your letter box without bothering to knock and ask for a sig  

That happened two weeks ago to me......

i constantly get this !!!! but you cant really complain about a rogue postman - after all he knows where you live and has access to your financial details  

[sir moanalot]

recently sent two v5s back to dvla, certainly sent them recorded delivery, firstly cant trust the post and secondly dont trust companies and government agencies. i think both want to fine and charge ya for the smallest of reasons/excuses. i always cover my ass -to the point of paranoia sometimes !!!
i should think you will be ok with your proof of selling/sold details.

[JamesV6CDX]

Oh, that is no problem. As you sold the car, the new owner is responsible for declaring it SORN as long as it was either SORN'd or taxed when you had it.

Just send a letter to DVLA giving them the date of sale and the new owners name and address. Enclose a copy of the ebay listing if you can, and send it by recorded delivery.

I have done exactly that  

I have still got copies of the emails etc that eBay sent me with the details and dates of the transaction, and the buyer. It shows his full name and address, and I've got copies of his original eBay invoice.

I will send all of this to DVLA with a letter of explanation that I have already written, and hopefully that will be that. I have said in my letter I would be prepared to swear in court that I informed them of change of ownership in March 06.

Chances of me getting off this fine?!

None at all. The fine is for the owner/keeper not taxing the car or SORNing it. You are and were neither the owner or keeper at the time of the offence AND you can prove it.

No case to answer

SEND IT RECORDED DELIVERY!

DVLA have replied to my letter.... they're saying I'm still responsible for the fine, and because I didn't pay the £40 on time (even though all this time I've been awaiting their reply..).. I must now pay £80

BARSTARDS