Car falsely registered in my name, DVLA imposing late licensing penalty

[badgered]

In June 2008 I received a V5 in my name for a car I don't own. I phoned DVLA querying this and was told, don't worry just send it back with a letter telling us you are not the owner/keeper of the car. Which I did, as far as I can remember.

 

Now I'm being pursued for a late licensing penalty as the car has not been re-licensed. I wrote to DVLA stating categorically that I am not the owner/keeper of the car and never have been. In response they have sent me a copy of the V5 showing the transfer of ownership. It shows my name (including my middle name) and address, no date of birth is given, and the signature at the bottom is clearly not mine so some swine has deliberately and falsely registered the vehicle in my name.

 

I have written back again pointing out that the signature is not mine and requesting that they extract other vehicle registration documents in my name and compare the signatures. I have told them that if the vehicle were mine I would pay the licensing fee and the penalty, but as I don't why should I? Besides which, what happens when the vehicle next falls due for licensing - I don't own it so I can't provide MOT and insurance documents and can't re-license it and they will be chasing me yet again.

 

I seem to be guilty until proven innocent here and since I'm being asked to prove a negative - i.e., that I don't have the car - I'm struggling to see how I can get out of this situation. In the meantime some unknown git is getting away without paying their dues and having a laugh at my expense.

 

Any thoughts as to what I can do in this situation? This is worrying me sick. I'm already receiving treatment for high blood pressure so I really don't need this stress and worry.

 

Thanks.

[patdavies]

Write back to them once again, via a signed for mail service, and tell them that regardless of the V5C, you have never owned this vehicle, that you informed them of this both by phone and in writing in June of last year and it is obvious that the signature on the V5C is a forgery. They are at liberty to compare it with that on your driving licence (give them your Driver number)

 

Further inform them that should they not believe you and wish to progress the LLP, that you wholly reject their offer to settle out of court and will not deal further with them or any third party (DCA) but only via the Court system.

 

When (IF) it goes to Court, you can provide witness statements from family and friends to the effect that you do not and have never owned this vehicle (or been the registered keeper of it) and that your signature differs significantly from that on the V5C (from passport, driving licence, etc.)

[badgered]

Thank you for your advice Pat, I will do that.

[patdavies]

Let us know how you get on.

[MrShed]

Good luck - identity theft is a highly distressing crime, and the DVLAs attitude here clearly has not assisted in any way.

 

At least if you get your day in court it will be satisfying - not a chance they could win this!

[S C O R N]

In view of the circumstances, I would also be making a formal complaint to your local police station. Someone apparently is committing an offence, and the police should be able to use their many resources to find the culprit, as they can the innocent! If it were me, I would also be asking them to arrest the 'crat' at DVLA who issued the penalty, for 'behaviour likely to cause a breach of the peace'!

Any legal comment?

[MrShed]

Well, thats a false and vexatious allegation, so no I wouldnt be doing that.

 

However, yes, I would be making the police aware of the initial fraud of someone using the OPs details.

[DDWales]

Good luck with this. My sister was in a similar postion some time ago-the only difference being that she was not only chased for a car that wasnt hers but she had/has never owned a car, had a provisional or any form of driving licence. It was a long drawn out process but came to the right ending eventually. Best wishes

[Ladswotlunch]

I'm in precisely the opposite position ... just phoned DVLA to enquire why tax disc hadn't arrived, and they told me that my car is registered under a different name and address.

 

The tax disc reminder was sent to me at my address. I renewed online at start June. DVLA now tells me that vehicle was registered to someone else in April, and my tax disc sent to them!

 

They are investigating.

 

Anything I should be worried about?