vehicle repo/dvla failing to notify new keeper question

[postggj]

just thinking out loud on this sinario and would welcome comments

 

say a finance company does a repo on your car and sells the vehicle at auction,

 

as it was a repo you never surendered your v5 to notify new keeper

 

now the vehicle is the property of the finance company and you did not sell the vehicle as it was a repo

 

can dvla still do the penalty for not notifying them on disposal of the vehicle

 

infact, would the finance company now have that obligation

 

hope that makes sense

[Rob S]

My guess is that the finance company would apply for a V5 before disposal of the vehicle and then the onus would be on them to notify DVLA once the vehicle is finally sold.

[wackyone]

my 2p's worth is, knowing the dvla they would hold you the RK fully responsible untill they receive the v5c or a request for one from an interested party, in essence yes they could send you a penalty notice for it, but at the same time it is probalby logged on the file for the said vehicle that joe bloggs finance has an interest in the vehicle.

when my car was repo'd i sent the v5c off with the finance co.s details as new owner:-) got letter back saying thanks and am no longer liable for it. it also enabled me to get a little bit of retribution back on the finance co. as it has added another owner to the records

[topcat1802]

I think in this situation I would do as wackyone has done, send in the V5 yourself to DVLA, but make sure you receive some sort of acknowledgement from them, or send by recorded delivery just to make sure!

[postggj]

been looking into this

 

now dvla in this situation do a penalty of say fifty quid, thirty quid if paid in so many days

 

as this

 

IS NOT A SORN PENALY

 

WHAT REGULATIONS ARE THEY RELYING ON AND TO CHARGE XYZ PENALTY

[Raykay]

The claim for failing to notify is not a penalty, it is out of court settlement offer for the offence - contrary to s.22, Vehicles Excise & Registration Act 1994, which is a criminal matter and can end up in the Magistrates Court.

 

The penalty claim for not having a licence (or SORN), is contrary to s. 29 of the same act and is treated as a civil debt and if not paid can end up in the County Court.

[postggj]

is there still no legal obligation to notify dvla if there is no acknowlegment on change of keeper

 

ime thinking interpetations act again

[Raykay]

As you say, the Interpretation Act, if it is sent by normal post they are deemed to have received it. If DVLA decide to send a letter to acknowledge receipt, that is up to them, there is no legislation that requires them to do so or you to do anything if you do not receive the letter - although they will say that you must contact them if you don't receive it!.