Penalty decision

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Penalty decision

I read with interest the letter from your reader pointing out the dubious nature of the DVLA's practice of sending out penalty charges when they deem a V5 document not to have been sent to Swansea. I recently received such a request which I have no intention of paying since I know that I posted it and have sent to the DVLA a signed statement from the buyer of the vehicle that he saw me post it. I have wasted much telephone time and cost trying to reason with the DVLALO at Nottingham only to be told that the only acceptable proof of notification is an acknowledgement letter dated prior to 12/06/09. My point, which has fallen on deaf ears so far, is that it is entirely wrong that I should be penalised for what is either an error with the Royal Mail or with DVLA Swansea. The latest on my battle with DVLA is that they have sent me a two-page letter insisting that I still owe them £35 if paid by 17/08/09 that will rise to £55 if paid by 31/08/09. They advise me that if the case goes to court, the maximum fine is £1,000 with a minimum £60 costs. What do you advise?

Asked on 24 October 2009 by

Answered by Honest John

That is disgusting. It basically amounts to intimidation and fraud because the DVLA did not do its job properly, whatever 'rules' is says it is enforcing. We all need someone to take their case to court on this and not be intimidated by the DVLA's outrageous bullying. Get a solicitor onto it. Not the type of solicitor who takes your money and simply tells you to pay the "fine", but a proper, specialist solicitor. There are some in the speeding FAQs at www.honestjohn.co.uk I am willing to contribute £250 towards your costs. My advice to anyone selling a car is to send the relevant bit of V5C Recorded Delivery and keep the receipt. Then you have all the proof you will ever need to avoid a penalty for “failing to notify a change of keepership.” If you fail to receive an acknowledgement within 28 days it’s still ‘reasonable’ to phone 0870 240 0010 and remind the DVLA. But the DVLA has no right to impose a financial penalty on you if you do not.

Tags: dvla v5c documents legal issues owning

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