17 replies to this topic

[chrissyb007]

Hi guys, i sold a car 4 years ago to a member on here and sent off a letter to dvla with name change etc as didnt have logbook
looks like they didnt get it. and im now being chased by bailiffs for 400 quid
any ideas what to do. i have tried contacting the member on here to get his details again as i moved house and lost the bill of sale, but to no avail as yet.

[firefox]

You should have received a letter of acknowledgment from the dvla to say the details have been passed over to the new keeper,

after about 4/6 weeks you should have rang them to ask why you have not received the letter, as far as i know bud

you will still be responsable, have you not got a copy of the letter you sent to them, or proof of postage

[Yoda]

Having had the same thing in the past, i now send all post to dvla by recorded delivery, Expensive i know, but a lot cheaper than the imposed fine when you have no proof.

Whatever happened to "innocent until proven guilty" Surely it should be up to Dvla to prove you have not sent it, not the other way round.

Luckinly in my last case with my wifes car that we sold. A visit to the local DVLA office, proved successful and the charges were dropped, we just had to agree to the original £30 fine! The guy told us after the meeting, " to be honest, we dont want the expense of the court proceedings and extra paperwork any more than you do"

Moral. Send all DVLA correspondence by recorded delivery and photocopy everything first before you send it.

[firefox]

Having had the same thing in the past, i now send all post to dvla by recorded delivery, Expensive i know, but a lot cheaper than the imposed fine when you have no proof.

Whatever happened to "innocent until proven guilty" Surely it should be up to Dvla to prove you have not sent it, not the other way round.

Luckinly in my last case with my wifes car that we sold. A visit to the local DVLA office, proved successful and the charges were dropped, we just had to agree to the original £30 fine! The guy told us after the meeting, " to be honest, we dont want the expense of the court proceedings and extra paperwork any more than you do"

Moral. Send all DVLA correspondence by recorded delivery and photocopy everything first before you send it.

Read the small print i am sure it has a warning of not checking, i may be wrong

[oltonlad]

the car must have been in your name as they are chasing you now, as the car was in your name than you would have has road tax reminders from the dvla, on those letters it asks if you are still the registered keeper and to tell them if you are not.
i'm afraid that as you never told the dvla about the change of ownership via one of their own official letters that you will be responsible for that car until the ownership is transferred, the new owner also should have told the dvla about change of ownership, you should always sell a car with a logbook.....to stop this kind of thing happening.

[firstforward]

Having had the same thing in the past, i now send all post to dvla by recorded delivery, Expensive i know, but a lot cheaper than the imposed fine when you have no proof.

Whatever happened to "innocent until proven guilty" Surely it should be up to Dvla to prove you have not sent it, not the other way round.

Luckinly in my last case with my wifes car that we sold. A visit to the local DVLA office, proved successful and the charges were dropped, we just had to agree to the original £30 fine! The guy told us after the meeting, " to be honest, we dont want the expense of the court proceedings and extra paperwork any more than you do"

Moral. Send all DVLA correspondence by recorded delivery and photocopy everything first before you send it.

+1

I do not think I can help you but just want to say....I purchased one of my Mini's last June, I had this exact conversation with the seller so it was decided to get a certificate of postage by the seller to prove he had posted the necessary paperwork. After 7 weeks I still never received a reg document as DVLA were insisting they had received nothing from the seller......but they had or at least one was posted. You really need to find the purchaser.

[Yoda]

Read the small print i am sure it has a warning of not checking, i may be wrong

I agree, but i take no prisoners any more LOL

[chrissyb007]

thanks guys i know i sent a letter to dvla and i also remember phoning them. i moved house just after selling hence not recieving any other dvla letters.
not really alot else i coulda done
upon receiving this fine i rung the court shown on letter from bailiffs and was told fine only last year in oct . but i sold it 4 years ago, so very strange its only just happened. i called dvla also to see when i owned car from the start and when its now been re registered which thety tell me it has, but wont help me any further with dates etc. which does'nt help me at all... the only proof i have of selling is from this forum. but non eto say i sent off the letter with new details on.
I have been advised not to pay the bailiffs and go doa stat dec at court then go back to original court fine from and if guilty pay original fine only.

[MrBounce]

Just as a an aside, whenever I sell a car (if not trading it in) I have a duplicate book where I write out a receipt with the purchaser's name address and the words "sold as seen & inspected" and get them to sign it.

At least that way if something does go wrong, you do have some form of comeback.

[AlexBennett]

Just as a an aside, whenever I sell a car (if not trading it in) I have a duplicate book where I write out a receipt with the purchaser's name address and the words "sold as seen & inspected" and get them to sign it.

At least that way if something does go wrong, you do have some form of comeback.

agree'd i do this with every car i buy get both our address on it, the car make and reg etc and both you and the buyer sell it

[samsfern]

Ive learnt my lesson with the dvla, now i send everything recorded delivery and keep copies. Ive got photocopies of the logbooks for every car ive sold, with the new owners details, etc on.

[megamini_jb]

Just as a an aside, whenever I sell a car (if not trading it in) I have a duplicate book where I write out a receipt with the purchaser's name address and the words "sold as seen & inspected" and get them to sign it.

At least that way if something does go wrong, you do have some form of comeback.

agree'd i do this with every car i buy get both our address on it, the car make and reg etc and both you and the buyer sell it

And me

[firefox]

The OP want to know how he can get out of the trouble he is in, not how to prevent it happen again,
i think he knows how to prevent it happening again, so stop rubbing his nose in it and try to be constuctive

[megamini_jb]

LOL! that's not exactly rubbing his nose in it....

[Ashdesign]

I have been advised not to pay the bailiffs and go doa stat dec at court then go back to original court fine from and if guilty pay original fine only.

That is exactly what you need to do.

If you informed them by letter, then they have to prove that you didn't. Under The Interpretation Act, your letter is deemed to be delivered within, I think, two days of being sent.
You are under no obligation to chase it up if you do not receive confirmation. It is not law, it is DVLA's own rule and is worthless.

Read more here: http://www.consumera...ay.php?140-DVLA

As it has already gone to court, you need to do as you have suggested, and get the case quashed. Then you can fight it on your own terms again, stating that you fulfilled your obligations when you sent the letter informing them of the sale.

Good luck with it.