Is there anything we can do re DVLA fine?

[CuriousLadyBird]

Hi all,

Back in December we reserved a car at a local dealership you know one of those £100 fees so no one else could have it but then our funding fell through and I cancelled the deposit (which we didn't get back anyway even though they said we would but whatever) and told them we couldn't get the car.

For some reason though the dealership put all our details onto the car and when we received the v5c I contacted the dealership and they said they'd sort it but we've been fined £172 for non payment of tax and even though we have sent all the proof to the DVLA they are not accepting that we never bought the car and was not the registered keepers.

I've contacted the dealers but they aren't much help. I really don't know what to do. I suspect I'll need to just pay the fine but it seems unfair when I didn't own/buy the car so it wasn't my responsibility to tax it?

This maybe a bizarre thought, but could the dealers have told DVLA that you are the people that bought the car in January in error? That’s why the real owner hasn’t taxed it? Maybe the dealer still had your details associated with the car on some paperwork.

I suspect that neither the new owner nor the dealer can register it to them, because it’s currently registered to you. Or at least they need you to participate on that process. Hence Mr Dodgy Dealer asking you to try taking the form to the post office to transfer ownership.

I agree with @nevynevster - you hold some cards here! The dealer and new owner need your help to fix this. Try DVLA again as suggested. But also agree tell the dealer they need to cover the fine (and I’d cheekily ask for your deposit back too, as compensation for the time and hassle) before you will do ANYTHING to help them fix the mess they’ve made.

Surely the only way they could have transferred registered keeper of the car to you is if you signed?

So if you never purchased the car how did they transfer it to you?

I didn't sign anything, I didn't buy the car.

I left £100 holding fee, cancelled it and received the V5C in March.

The dealers know it was their error, they had an invoice all set up for us for when we were going to pick it up but we cancelled and then they had the new owners invoice and somehow put all our details instead of new owners.

If you have the vc5 still I think you could force the dealer to pay the fine and return your deposit as goodwill for their fuck up as pp suggested. They will have another pissed off Customer who has paid them for the car but is not the legal owner - how are they taxing it? Tell them that unless they resolve your issue you are taking it further and alerting the other customer to the issue also.

He only needed the green slip, your brother should have kept the other bit, still lesson learned

OP, most of the advice you have been given so far is either incorrect or bordering on nonsense.

The V5 is just a record of liability, whoever is named on the V5 is responsible for all fines, fees and taxes relating to the vehicle. The V5 is nothing to do with ownership. That's why when you lease or PCP a car you don't get the V5, it stays with the lease company.

You, as the person named on the V5, ARE responsible for the fine, and YOU WILL have to pay it.

There is a massive GDPR breach on the part of the garage for giving you the new owners details.

As long as you are the registered keeper YOU will be responsible for any speeding fines (NIP will be sent to you and you will be responsible if you don't fill it out) parking tickets, toll charges, the lot.

If the new owner has questionable morals, they might not be interested in fixing this issue, at the moment they are immune from all speeding fines and parking tickets. The private parking tickets are particularly troublesome as they take ages to sort out. This "small" issue has the potential to bankrupt you, trash your credit rating, have bailiffs or County Court officers at your door to sieze your property and basically ruin your life.

Simple solution is this. Fill out the new keeper section of the form, saying the vehicle is "in trade" at the dealership you used, send it off to the DVLA, they will send confirmation of change of keeper to you within 14 days. That sorts your first problem.

Next, pay the fine (you have no choice in this) and than pop into the dealership and ask to be reimbursed, if they refuse, your only option will be to take them to court, but you will win so don't worry about that.

Do not ignore this, do not discuss any further with the dealership.

You are.responsible for the fine, there is no way around this, the DVLA are correct and won't back down.

Fair enough.

Is there anything I can do after I've paid the fine though such as the fact the dealership used my details without my permission to register me as the registered keeper?

When you write your bullet point letter to the DVLA as discussed upthread make sure you copy the dealer in on it, and also send a copy to your MP, who I think you should ask to step in here without further delay.

I wouldn't pay the fine. That would probably look as though you were admitting responsibility in this, which you aren't and mustn't. Just be clear why you have not paid it and keep all correspondence.

@onefinemess sorry I didn't finish but surely you can't just register someone to a car without their permission nor knowledge?

Yes you can, go online to the DVLA site and put in the dealership details on the change of keeper form, That removes your liability.

It literally is that simple.

Do not ignore this.

Your only legal recourse if the dealership refuse to reimburse you for the fine is to take them to court.

Get your name off the V5 ASAP.

@onefinemess and that's completely legal?

That's mad. I'll go and change the details now and ask that they pay the charge plus the deposit for the messing around.

Thanks.

Of course it's legal, that's literally how the system works.

@onefinemess it's insane that you can register a car to someone who hasn't given permission or have no knowledge of it - I feel like under anything else that would be pretty dodgy but oh well.

I can't transfer it. Maybe the new owner already has. I'll see what I can find out from the dealer.

It’s crazy isn’t it. Anyone could put the v5 keeper details as someone else and then say well now you have to tax my car but I’m still the owner so you can’t have it? 🤷‍♀️. There should be a system where the new keeper has to sign to say they’ve agreed to be the keeper!

Why are you on here and not at the dealership getting them to sort this fuck up out?

I've called them which is all I can do at the moment.

I am unable to go to the dealership today hence asking for advice here.

Is it a big dealership or a smaller one? A national brand may have other people you can talk to at a higher level!

I've just checked online and it's been taxed so I think maybe the new owner has now transferred everything into their name. I've asked the dealership to check and if not I'll have to do it.

I have asked that they cover the cost of the fine and my original deposit as a gesture of good will so will see what they say.

Honestly happy to see the back of this one way or another.

Independent one unfortunately

I'm so confused haha and online isn't helping so if I was/am the register keeper (and I know this doesn't mean I owned the car) but should they have sold it?

I know this doesn't matter but it's interesting to know.

I can't transfer it online so do I need to get a new keeper slip from the post office?

I've sent these messages but they are being ignored ..

I have just had a similar experience with the DVLA.

It has taken weeks to resolve but what finally sorted it was written statement by the dealership on letterheaded paper sent by post and via email.

Plus I forwarded the emails from me to the dealership to the DVLA about it.

Send all of this to your case worker.

They've sold a car they didn't technically own. As they had already registered you as the keeper. The only person who can now assign ownership of the car is you!

Like I said, the new owners need the car ownership transferred to them. You are under NO obligation to do this as you have no relationship with them. The dealer is the one in the middle. They have a contract to sell this car with the new owners and they've taken their money but have not transferred ownership, as they can't as you have it. So in order for them to be able to fulfill their contract with the new buyer they need YOU to do something ie transfer the ownership.

You will ONLY do this when they pay the fine! Simple