A friend of mine sold a his old car, to some one who was slightly dodgy. He gave the log book to the new owner to send to DVLA, to date he has not recieved notification from the DVLA, to say the car has been passed on, to a new keeper. This was in early November. On top of this he is not exactly sure where the buyer lives.
Besides the usual niggles of perhaps getting speeding & parking tickets. Has he commited a crime and if so what can he expect?
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Technically he has committed the offence of failing to notify change of ownership.
Reg 22 RV (Reg & Lic) Regs 2002
He should have given the New keeper part to the new owner and sent off the rest with details of the new owner to DVLA.
Not a hanging offence and doubtful it will be pushed to a Court case but to save embarrasment of receiving speeding/parking tickets I would suggest he write to DVLA and let them know what has happened and he is no longer the owner.
dvd
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If your friend had taken the trouble to read and follow the instructions on the V5, he wouldn't be in this situation. Plain and simple.
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Yep, it's plain and simple. Shame we aren't all as clever as you eh? . :-)
You see, I got myself in this position a few years back, and the first I knew that the car hadn't been re-registered for new keeper was the speeding tickets - 2 of 'em. I wrote to DVLA explaining, and heard no more - except the car was later dumped on the side of the road, and I got a bill for it to be taken to the scrappy (might have been from a Council or suchlike). Wrote to them explaining again, also said I'd now told DVLA, and heard no more.
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For future reference, when you send off the V5C as we should you will get a letter from DVLA saying owner has changed. Step-son has been through a few cars over the last 3 years.
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You have to be very careful who you sell cars to these days due to the DVLA requirements of notification of the new owner. Even with a scrap car you still have to fill the V5C in correctly and return it to the DVLA.
What you need to do, however, including which section(s) you should complete, be it you're selling privately or to a motor trader, is all clearly explained in the V5C itself.
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For future reference when you send off the V5C as we should you will get a letter from DVLA saying owner has changed.
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I was not aware of said confirmation letter but instead got a proposed fine for no Tax /SORN.
Actually they had not got the info ( bit of V5) that I had scrapped my car.
I called them, explained that I had sent paperwork and I had a copy.
Sent off the copy and all was OK. I avoided the fine.
I found the DVLA most helpful.
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Yep, it's plain and simple. Shame we aren't all as clever as you eh? . :-)
Being able to read isn't clever though, most folk can do that. ;>)
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I sold an old car of my daughters to a guy who refused to give me his details, wanted the whole V5 and told me 'not to worry, he'd deal with it'. He changed his mind when I told him I was hanging on to his deposit to cover re-advertising costs.
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There is no reason to give anyone the full V5 when selling other than outright vacant space in the head issues. The instructions are on the V5 itself.
I once sold a car to a son of someone I knew, neither of which I trusted. The son was of no fixed address so I just sent it off with his fathers address. Job done and it was away from me.
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around 1993 I sold a Bedford lorry 7.5 ton on behalf of my then business partner - He knew nothing about the motor trade and had no parking - whereas my street could accommodate the beast for a couple of weeks. We were advised that as a VAT registered business we needed to levy the VAT. The buyer was a thick bodied and even thicker accented Southern Irishman . He told me not to worry about the VAT as he'd be exporting this to Ireland
I was checking this with the owner's accountants , in the days before emails and mobiles , and the answers were slow in coming
I was basically told the day before the Irishman was taking it away the VAT had to be charged, that it was up to ' yer man ' to re-claim it. Yer man had given me the ferry booking details as proof of export , but it wasn't good enough . I phoned and left a message...
later that night a very irate Irishman was round at my house , threatening to set the IRA on me , that my body would be found in a ditch etc etc. I was obviously much youner and callow , and was very alarmed by these sudden ' Tretts ' on my porch by the pink - faced ' yer man '. I took a decision that this was all too much and reluctantly handed over the lorry and docs , taking the cash with no VAT
As far as I can recall there was no comeback and nothing was ever heard of the man or lorry , and I'm still here. I think the law on private owners charging VAT on 2nd hand commercial vehicle sales is vague ; newer vans / trucks mostly state ' + VAT ' , but when older that's not so evident ?? - what is the cut - off point ?
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I think the V5 is confusing for a lot of people and if someone appears to know what they're doing and escapes with the whole thing, well, that can happen. Once they're away that's it.
If you ring round the ads in autotrader it is amazing (to me) how many sellers do not have their own name on the V5 of the car they are selling, yet claim to be private sellers. And if you make 10 calls you will get 10 different stories, all of them cobblers.
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I traded my Scenic in to a dealer and then had two envelopes, one with my V5 portion to send to DVLA and the other my tax disc to send to DVLA for refund.
To cut a long story short, lost the V5 envelope but posted and received my tax refund.
However several months later I ended up getting a fine from DVLA, I think it was because they had no record of the car being SORNed. Obviously, as I hadn't returned the form and the dealer hadn't sold my trade in!
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If your friend had taken the trouble to read and follow the instructions on the V5 .......
I can't ever remember doing it. I think if you do do it the dealer is registered as being another owner, and they don't like to happen.
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and of course the car could end up in the hands of criminals or suchlike and as it passes through the ANPR camera it gets flagged up as having no insurance and/or tax and the OP's friend will be down as the registered keeper. Obviously if the car isn't worth much and you're not the registered keeper, you aren't going to bother insuring or taxing it.
I also stupidly did the same thing, back in 1993 and I ended up with parking fines and also a letter from the DVLA (or the police, I can't remember which, must have been DVLA I guess) as the car was being kept on the road when it wasn't taxed.
I wrote back, enclosed a copy of the advert I placed in the local paper when I sold the car and didn't hear anything more.
Cursed myself for being so stupid and I certainly wouldn't do it again.
A few years later a mate sold his 405 for spares/repairs. After the guy came and took it away, he rung my mate up and said "can you send me the rest of the V5 please mate, I've sold the car onto someone else". I told my mate do not ever send the remainder of the V5 to the bloke who bought it, get in the post sharpish and tell the bloke that he was "...too late, wife had posted the envelope with it all in"
cheers
Stu
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You know what? This isn't about fighting crime, this is about raising money for the Government. Do you think crims give a monkeys about the law? I sent off my bit of the form after selling my vehicle and it, apparently, never arrived at DVLA. At the time the news topic was about how posties were dumping mail and you know what? I asked them how I could be held responsible If I posted the letter with stamp through that red thing in the street? Well its £55 pound or court my friend. I will pay the fine because the last 'administrative error' made by the authorities I.e local Government, many years ago, cost me a small fortune via the Sheriff's Officers because I stood my ground on principal. I was still fined and 9 months later my money was given back to me without an apology for their administrative mistake, but not before I was in the local Sheriff court round up in the regional news paper. This legislation was not approved via the public consultation and is, in my view, a fundamental invasion of our civil liberties. We should not tolerate it and I urge you to email your local MP to raise the matter in Parliament. Can't wait to see Labour & the Tories with their blooded noses and statements of disbelief at the next election when they loose. Role on April.
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I disagree with you - the system is quite simple and to be honest if you posted something during a postal dispute to have it recorded and to retain copies would have been sensible or you could have had it sorted at your Local LVLO.
Edited by Pugugly on 21/12/2009 at 20:24
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I'm with PU here. They do say they will send and acknowledgement letter and give a contact number if you have not heard anything.
I'm all for keeping untraceable ghost vehicles off the road.
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if you read my link on the youguv link i provided it gives a link to tell you that you can sorn your vehicle up to 2 months before its due if you are going abroad and send a covering letter to the dvla,it then goes on to tell you they will advise you by post that its sorned,thing is you are in marbella with your mates spending the unearned readies,how do you know the letter came?
pathetic
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