DVLA trouble

[AndrewBennettowl]

I am a solicitor with a 22 year old daughter who has just had exactly the same problem with the DVLA and Rossendales Debt Collection Agency - I am trying to trace and speak to Shelley and anybody else who has experienced similar problems with so-called late license offences. Would be grateful for any responses - NB whilst I am a solicitor I am dealing with primarily as a parent!!

www.gov.uk/notifying-dvla-if-you-sell-your-vehicle

I have 3 student age (in fact now graduate) children and each time they have bought a car I have told them about the importance of that. Actually in one case my daughter's boyfriend's parents went with her when she was away at university to buy a second hand car and they probably told her too.

I do think ti's the responsibility of parents and schools and indeed these adult children themselves to know about it. When I bought a second hand car alone at university aged 18 I remember buying something like Which guide to buying a car and checking what the law was and what you needed to do. It is very unusual for a seller of a car not to take away their bit of the DVLA document and not send it to DVLA.

What stage has it reached? It sounds like your daughter kept her bit of the DVLA title thing and threw it away or lost it and the new buyer did not tell DVLA they had bought the car? Is so that is amazing bad luck. Has anyone checked with the buyer to see if they did?

She manifestly has not committed any offence which magistrates might convict her of in court

Wrong. From the information you have posted she has clearly committed an offence under the Vehicle Excise and Registration Act 1994 S46A and The Road Vehicles (Registration and Licensing) Regulations 2002 Regulation 23. The Regulations require anyone selling a vehicle to a trader to notify DVLA. The Act makes failure to provide the information required by the Regulations an offence subject to a fine not exceeding level 3 on the standard scale.

The DVLA should not rely on every individual to contact them to inform them when a vehicle has been sold

That is the law. The seller's responsibilities are clearly set out on the V5C (i.e. the registration document). The vast majority of private sellers manage to read the instructions and do what is required.

That information should be on their database in any event

The motor trader does not have to notify the DVLA that they own the vehicle 3 months after your daughter sold it. If the dealer sold it within that 3 months they would only need to notify DVLA of the new keeper and the date of sale. They would not need to tell DVLA when they took ownership. Unless your daughter notifies the DVLA as required by law there is no way for them to know that she ceased to be the keeper of the vehicle.

For the benefit of anyone reading who isn't familiar with the standard scale, level 3 means a fine of up to £1,000.

yes but, you see, a level 3 fine can only be imposed by a Bench of Magistrates! I didn't realise so many employees of the DVLA subscribed to mumsnet ... time to go!

I am not, nor have I ever been, employed by DVLA. I doubt anyone on this thread is.

It is true that a fine can only be imposed by magistrates. I was dealing with your assertion that your daughter has not committed an offence.

DVLA has statutory authority under the Road Vehicles (Registration and Licensing) (Amendment) (No. 3) Regulations 2003 to impose an £80 supplement for late taxation of a vehicle. It sounds like this may be what you are referring to.

I must say I agree too. When I was younger than this girl and at university I researched the legal things you need to do when you buy a car. It may well be that parents need to drum it into children more or garages when they sell cars should say very clearly you must send this to DVLA it is the law but there is no legal duty to do.

I certainly have had conversations with all 3 of my children that age which have been along those lines - this is very very important, this document is vital, legal, means XYZ. Where are you going to keep it, have you got a safe place etc etc.