My Toyota RAV4 has been issued with a Certificate of Destruction in error - how do I argue this? | Ask Honest John

My Toyota RAV4 has been issued with a Certificate of Destruction in error - how do I argue this?

I sold my 1996 Toyota RAV4 privately. I've owned it since 2007. The buyer contacted me and said he'd done an HPI check and it came up with a CoD against my car, issued in September 2009. The DVLA agrees that there is a CoD against my car. But I have the V5, it was taxed in May 2010 and has also had an MOT and been insured in 2010. The DVLA are investigating but can't give me a timescale on how long this will take.

Last August I bought a new Toyota Aygo and had my old Porsche 944 scrapped under the scheme. I received a CoD for it, and it was done in September 2009. The DVLA say I cannot drive the RAV4 or sell it (in theory it shouldn't even be parked on the public road), because of the CoD, so I am left with a car I cannot use or sell (despite having a buyer). I risk losing my buyer (and a decent price) because of this error. If the RAV4 turns out to be a ringer, what can I do? If it was an error on the part of the ATF (or DVLA) what can I do then?

Asked on 18 August 2010 by Helenium

Answered by Honest John

Because of the circumstances of the 944 this reads like an error by the DVLA, and if it is you can sue the DVLA using the small claims track of the county court for all this damaging libel on your vehicle has cost you. Perhaps you should start proceedings using www.moneyclaim.gov.uk and that will then force DVLA either to capitulate or, in its defence, to establish whether or not a CoD was raised prior to your ownership.

Tags: legal advice dvla

Similar questions

How can I go about taking the DVLA to court about a decision to revoke a driving licence?

How can I go about taking the DVLA to court about a decision to revoke a driving licence? I have written to them but i'm not satisfied with their answer.

The DVLA want unpaid tax and insurance fines on a car I sold - should I fight this?

I've recently been contacted by a company called Advantis to advise I owe the DVLA £180 in unpaid fines for no tax and no insurance. When I asked for details, it was related to my old car because the DVLA...

A car has been fraudulently registered in my daughter's name - how do we get the DVLA to remove her name from the registration?

I was contacted today by a debt collection agency looking for my daughter. It transpires that a car is registered in her name, about which she has no knowledge. A parking fine are is unpaid and a liability...