DVLA: Failed To Notify Change Of Keeper

[Gunny]

Hi,
On the 19-1-09 I sold a car (privately) to a colleague at my place of work, we completed the V5c and she witnessed me post it by 1st class post. around 8 weeks later I mentioned to her if she had received the log book, she replied "No nothing yet", I told her to check with the DVLA as it may have been lost in the post, it turned out the car was still in my name!

My colleague then completed a form to obtain ownership of the car which all went through fine as she had the green portion of the V5.
Around 2 weeks passed and I received a letter informing me I had failed to nofty them of the change in keeper, and that basically they want me to pay �35 or �55 depending on how promt I am.

I signed the form and sent a letter stating what happened, and that I have a witness who saw me post the V5 via 1st class post. and that I accept no responsibilty for DVLA not receiving the completed V5. DVLA have totally dismissed my defence stating they send a confirmation and its my responsibility to ensure I received it.

Where do I go from here? I am not impressed with the DVLA's militant stance and I certainly dont want to pay a fine that's not my fault.

Couple of things to note they may be relevant they may not:

I moved house on the 26th Feb so any confirmation would not have been received.

I will be redundant in 2 months.

[bednobs]

as they say "proof of postage is not proof of reciept"
i think they can make you ay this fine but you'll need two learning points for the future
1) always send stuff registered post to the VLA
2) it's in your interest for YOU to do the chasing if you havent recieved cnfirmation - after all all speeding tickets/parking fines will still come to you until the changeover is registered. Plus this would have ben avoided if you had done the chasing

[factor-fiction]

I agree with bednobs.

On your two final points:
- if you move house I think it's your responsibility to let them know your new address,
- I can't see that your forthcoming redundancy will make a jot of difference to this matter. I wish you luck, though, in finding a new role and hope you get a decent severance payment to help you pay the fine.

[Gunny]

Thanks for your views always helpful to get a natural viewpoint,.When you are sent a NIP or in general most fines are via 1st class post, if you dont respond they treat it as if you received the communiation and progress - Can I not argue (in court) that I made a resonable attempt to nofty them of the change and I have a witness to this?

Of course they will bang on about the letter they send (also via 1st class mail no doubt) in my defence I followed up by checking with the new keeper if they had received a V5, if I had not done this the car would still be in my name.

I really dont see why anyone would want to keep a car they dont own in their name, its obvious that when these situations occur its because Royal Mail have lost the document or indeed DVLA have lost it . Regarding redundancy having spent most my working life between the ages of 18-22 I am deemed to only deserve .5 weeks pay for every year completed... I dont really have �35 to give to these unreasonable monkeys.

[bednobs]

it's nt the dvla who send you NIP's though!