Late Licensing Penalty

[holty1983]

Hi all!!!

 

Right where to start....

 

Ok........ back on 31/7/2015 I sold a vehicle to somebody that I have known for 20+ yrs.

I let them use the vehicle for a few days so they knew they were happy with it. I even let them pay me in two halves.

 

On the day of selling the vehicle he gave me the money and i gave him the log book.

I said we need to fill it in, but we had no pen and he was in a rush, so I said id pop back later to fill it in. No worries he said.

 

after calling and txting him many times I got no reply, only one saying he was at London Zoo and he would call me later. It never happened.

 

I got worried so called the DVLA for advice as I couldnt send off my part of the log book because he had it.

They advised me to send a letter explaining that i have sold the van, the date of sale and the reg.

Then cancel my DD for the tax which i did.

I heard nothing more.

 

Then 5 months later I recieve a letter from the dvla saying that the tax is no longer being paid and that I didnt notify them.

I did i sent the letter.

 

I called them and they sent out an appeals form which I filled out and pinned the original letter to it.

This time i sent it recorded which they received.

 

I then received a letter yesterday saying that i still owe them £80 plus the arrears.

 

I have txt the guy many times asking for the log book etc with no reply.

The dvla are saying that i did not notify them in time.

But i sent the letter as advised. so i have now sent this letter back to them,

 

To whom it may concern,

I’m writing in response to the recent correspondence I have received from the DVLA in

relation to the Late Licensing Penalty Notice dated 15/01/2016.

 

As I have already explained I sold the vehicle to Mrxxxxx C addressxxxx, on the date of 31/07/2015.

Mr xxxx assured me he had contacted DVLA as well as myself.

 

 

I have evidence of calls made to the DVLA from the mobile number 07my number, which were made regarding the sale of vehicle WXXX VVM.

During these calls I was advised of what steps to take in order to resolve this issue and have followed these correctly.

 

 

A letter was sent to the DVLA, regrettably not recorded delivery which has not been acted upon or noted in any correspondence I have now received.

However I do have evidence which is enclosed in this pack of when the document was created.

 

I would like to request a subject access report or the equivalent from DVLA to include all call recordings,

notes on any accounts I hold with you and all contact received to you and made to myself from 30/07/2015 to today’s date of 22/01/2016.

 

If this information is not provided to me within 30 days of the date of this letter,

I will seek further legal advise and make contact with The Office Of Fair Trading.

 

Yours Sincerely.........

 

end of letter.

 

I also have the txts sent to him on my phone asking for the log book and the date log of when the original letter was created.

I just dont have the actual proof that I put it in the letter box.

 

 

Providing i receive the requested docs etc from the dvla is this enough evidence to prove i did everything i can to

1, prove i sold the vehicle (as they say its still in my name) and

2, that i did everything in my power to notify them?.

The recordings, if i get them will have me speaking to the advisor explaining that i have sold the van a

nd the advisor asking me to send the letter of notification.

Like i said i just dont have the proof that i actually sent it....

.. I did though lol

 

Sorry about the length of this post but i just want you to see the picture!!!

 

What do i do now? I dont know.......

[mikeymack2002]

Never ever ever give a full logbook to a purchaser. You as the owner must and are required legally to complete the portion of the V5 and send this in yourself.

 

That said did you complete a bill of sale and have it signed? If so this may help if not you may be out of options. Failure to complete the V5 docket is an offence in its own right. So either way they could get you...

[dx100uk]

there are numerous threads here whereby DVLA have lost letters or whatever.

 

 

yu need to put them to strict proof that they don't have the info

then counter with your proof.

 

 

they'll back down

they usually do...

dx

[panther12]

How long after the sale and you ringing DVLA for advise & sending the letter was it. My dad made the mistake of handing over the full V5 to the salesman of a main Audi dealership. He brought a new motor and his old car was a private sale to the salesman and thought he could trust him to do the paperwork but no, my dad was receiving speeding tickets and also an accident claim! For reference you can now notify a sale via the dvla web using the v5 ref no.& seller & buyer details. You get instant email proof and no need to send off the V5.

[holty1983]

like i said he was someone i knew for 20 yrs so trust was there. However. I felt i didn't need to do a sales slip (sold as seen etc). I am requesting the transcript of all telephone communication from my phone to the dvla from 1 day before the car was sold right up to today. Which will have on there, that i told the dvla agent that i had sold the van and when i sold the van. She didnt note it on her files though. But the call proves i told them. Thats how i found out i needed to send a letter informing them of the sale. Will this be proof?

 

Thanks for all the answers guys!!! x

[holty1983]

oh panther it was like........4 days after maybe less.

[holty1983]

The dvla are now saying from the second letter they have been notified. The vehicle still isnt taxed so I have reported him.

[holty1983]

I thinking of maybe getting all the evidence together and letting the courts decide.