Hi thanks for getting back to me. I can confirm that I didnt tell dvla about the chamgeover. I discussed with the buyer and he assured he would send registration documents away but he clearly failed to do so. I have provided dvla with his name amd address however. I have bought and sold vehicles in this manner in the past and I have never had any issue. I was not aware that dvla had procedures which required me to do so.
They have not taken either of those course of action yet but have threatened both to my considerable annoyance as wheel clamping is illehal in scotland. So they have made threats to extort me basically. But have not yet taken the action they threatened.
Basically I dont think I have actally committed any offence Nd so I dont see why I should pay a cine cor not taxing a vehicle I xont own and I just want them to stop harassing me.
Wheel clamping is not illegal in Scotland if performed by the DVLA.
I just need about 10 mins to type out an answer if thats OK but I'm afraid its bad news.
i now understand that that is the DVLA procedure, but is it bound by law?
if it is not a legal requirement then i have committed no offence, and even if it is a legal requirement, then they have no legal authority to find me guilty of it and empose punishment surely?
i understand that this is not an unusual occurence from various forums i have read. i find it hard to believe that the public just gladly copitulate to such nonsense. i am not the legal owner of the vehicle nor was i at the time that the DVLA were seeking to have the vehicle taxed. that is a fact beyond any argument that the DVLA could ever suggest. consequently, how can i maintain any legal responsibility for a vehicle that i am no longer the legal owner of. i understand i may be the registered keeper, but, that does not make me the legal owner, as ownership is surely based on a contract between the seller and buyer?
i am very much inclined to not pay this fine and need to know how to argue my case.
So i am not entitled to being tried for the offence first?
but i no longer own the vehicle, i sold it 6 months before any of this issue arose.
Further to that, i understood that Legal advice was being obtained at the moment in order to ascertain if the wording on the Registration document – 'received please contact DVLA on 0870 240 0010' – is a legal requirement?
I understand from press media, that the wording on the vehicle registration document advising the owner to contact DVLA on the phone number in the event that acknowledgement is not received received from DVLA regarding the updating of the registered keeper information, may not be legally binding? if the wording on the document outlines their procedure, then i understand that they may be frustrated that i did not follow it, but does that constitute my committing an offence? I understand that i did not follow procedure, but have i actually broken the law. Personally i feel like i am being victimized here. i sold the vehicle in good intension to an individual who assured me that he would update the registration documents and clearly never. now i am being fined for it. i dont even own the vehicle - how can i possibly have committed any offence?
and yet the character is sold it to, is for all i know still driving it around potentially acruing further fines for me in it - why is the DVLA not pursuing him - i provided them with his name and address.
ok, i can live with being summonsed for that.
if i can prove that i was not the owner of the vehicle at the time it should have been SORN or tax'd would i be successful in fighting this?
but i did do as you have stated.
when i got the last chance letter from DVLA, i contacted them and advised them i was no longer the owner, they told me i needed to complete a form and send it to them with the name and address of the new owner.
as i did not know the owner, this took a little time, but i did it and i did it before i ever got a fine from them. it was only after i sent this to them that they advised me that they were going to fine me.