DVLA - back dating a change of ownership

[pcstru]

We part exchanged a car at a dealer and forgot to send of the bit to notify DVLA and got fined.

 

As I understand it, the DVLA will send notification that you may be fined (by a court) if you fail to pay an amount which they specify. This is not technically a fine (where the organisation has powers to levy a fine backed by statute) but an offer to settle out of court. If you fail to settle, they will take you to court and a court will impose the fine.

[RabbieBurns]

Registering a used vehicle If you buy a vehicle that has already been registered,the person or dealer selling the vehicle should fill in section 6 of the V5C. Both you and the seller must sign the joint declaration and send it to us. By law, the seller is responsible for telling us about the change of keeper. When you buy a vehicle, the seller should fill in and tear off the green ‘New keeper’s details’ (V5C/2) section of the V5C and give it to you

 

When you sell your vehicle privately you must let us know, and tell us the exact date you sold it, by filling in section 6 on the V5C. Both you and the buyer must sign the joint declaration. You must also fill in the V5C/2 and give it to the buyer. It is important to remember that you are liable for the vehicle until you have told us that you are no longer the registered keeper.

 

I fail to see anything that says 'you must inform us within x amount of time'

 

In the above quotes, with my emphasis, from the linked documents above (thanks @happymeal) all it says to me is that

 

a) the existing owner has to notify of the sale, of the exact date, and that they are liable for the car until they do so

b) the buyer has to submit their part too.

 

So, (and IANAL hence the post), if both the seller and the buyer haven't lodged any paper work, and the sale happened on 1/1/2013, and both parties lodged the paperwork tomorrow (25/7/2013) as far as I can see from those documents, it should be ok.

 

The problems seem to arise when either buyer or seller lodge one part, without the other party lodging their part in a timeous manner?

Edited July 24, 2013 by RabbieBurns
it was timeous, firefox spell check just didnt know edit2: because its a scottish word! the proper english word = timely

[pcstru]

I fail to see anything that says 'you must inform us within x amount of time'

 

You should assume that means you are required to notify as soon as ownership changes, rather than that you can be as tardy as you like. They don't need to say that, it is implicit. A court would then ask if it was reasonable for you to take x amount of time. A couple of days might be considered reasonable, a few months is unlikely to be.

[Hefferzzzz]

Ok let me rephrase the question.

 

What are the repercussions for both a buyer and a seller forgetting to lodge the transfer/sale of vehicle documents?

 

There must be a FAQ on the DVLA section covering that or such?

 

£1000 if i remember correctly. Also the liability for any tax that was/is due. Also a technicality of your insurance co covering you on a car that is owned and registered to you - they will try and get out of paying anything should something bad happen.

[RabbieBurns]

£1000 if i remember correctly. Also the liability for any tax that was/is due. Also a technicality of your insurance co covering you on a car that is owned and registered to you - they will try and get out of paying anything should something bad happen.

 

Car has been taxed throughout and both buyer and seller are named drivers on the insurance policy...

[EduTech]

Question,

 

Are they saying that you should of been the owner of the car for the past 12 months? if so, then technically the V5 does not prove this and so you could of easily owned the car for 12 months or more.

 

If they are saying you needed to be the registered keeper for a 12 month period, then that is where you have the problem and have to backdate it.

 

I would assume, if it's the first line you shouldn't have any issue with importing it even if the logbook is changed to be you say tomorrow.

 

James.

[RabbieBurns]

Question,

 

Are they saying that you should of been the owner of the car for the past 12 months? if so, then technically the V5 does not prove this and so you could of easily owned the car for 12 months or more.

 

If they are saying you needed to be the registered keeper for a 12 month period, then that is where you have the problem and have to backdate it.

 

I would assume, if it's the first line you shouldn't have any issue with importing it even if the logbook is changed to be you say tomorrow.

 

James.

 

Yes I do believe it is the first line.

 

Personal Imports Option

 

Applicants must satisfy each of the following ownership requirements. You must:

 

own the vehicle when submitting the application; and

have acquired ownership of the vehicle while overseas; and

have owned the vehicle while overseas for a continuous period of at least 12 months. This is the “qualifying period”. The qualifying period must have occurred immediately before you (permanently) arrived in Australia.

[andy2577]

how did you get on with it ?

[magh]

Hi Rabbie

how did you get on with this issue? I am in a similar sitaution.