TIGHTCHOKE Posted February 2, 2014 Report Share Posted February 2, 2014 Not wishing to start an argument, but if the rules/law wasn't followed correctly, surely being fined is only to be expected. Saying that you weren't aware of the law is no defence. Quote Link to comment Share on other sites More sharing options...
alexl Posted February 2, 2014 Report Share Posted February 2, 2014 I forgot to declare a car sorn about 5 years ago (long term project) i recieved a letter with a fine notice, i phoned DVLA and said i had forgotten, the man asked whether it had been used on the road, which it hadnt, so he said not to worry about the fine and declared it sorn for me. I may have just been extremely lucky and got a nice fella on the phone? There is a chance you appeal could pass. Quote Link to comment Share on other sites More sharing options...
four-wheel-drive Posted February 2, 2014 Report Share Posted February 2, 2014 The thing that I do not understand is why you have not gone back to the garage that you put it in part exchange and complained if the place has any sort of integrity they would or should pay your fines for you as it dose not reflect well on them is there something that you are not telling us it all seems a bit fishy to me. Quote Link to comment Share on other sites More sharing options...
LondonLuke Posted February 2, 2014 Author Report Share Posted February 2, 2014 There's nothing fishy at all. Got the fine yesterday by which time the garage was closed. Tried to call them but answer machine. Will try them Monday before posting. Quote Link to comment Share on other sites More sharing options...
team tractor Posted February 2, 2014 Report Share Posted February 2, 2014 The ex had a £2500 fine through the post for driving with no insurance, tax or licence in Cornwall . We had lost at court and was sent the letter to pay up. At this point we had never been Cornwall, had never owned the car in question and had witnesses lucky to say we were in the midlands that day. We rang up and said how did loose at court to which they said we had loads of letter to an address we had never heard of But it was all fake . My mum stood up in court and said she was with us that day and it was all thrown out lol . The annoying thing is some bloke out there got away with this.:( The court said it happens a lot On another note my parents got parking fines 20 years ago for London which was cloned plates again Quote Link to comment Share on other sites More sharing options...
old rooster Posted February 2, 2014 Report Share Posted February 2, 2014 I had one of these a few years back when I sold a fourtrak to a guy who then didn't send in the registration documents. I sent in the bit that I needed to and told them that when the paperwork came through. My bit must have been lost in the post so I told them where the guy was from and heard no more about it. Trouble is that the up front genuine guy like the OP are easy to find and fine, there is little leeway for a legitimate mistake while in the other hand we see people who steal cars and smash them up getting away with paltry fines and people caught red handed with stolen goods not even prosecuted. That is just the screwed up country we live in now, no room for a bit of understanding of the minor mistakes made by generally law abiding people who contribute to society while scumbags have a free ride. Quote Link to comment Share on other sites More sharing options...
LondonLuke Posted February 2, 2014 Author Report Share Posted February 2, 2014 I had one of these a few years back when I sold a fourtrak to a guy who then didn't send in the registration documents. I sent in the bit that I needed to and told them that when the paperwork came through. My bit must have been lost in the post so I told them where the guy was from and heard no more about it. Trouble is that the up front genuine guy like the OP are easy to find and fine, there is little leeway for a legitimate mistake while in the other hand we see people who steal cars and smash them up getting away with paltry fines and people caught red handed with stolen goods not even prosecuted. That is just the screwed up country we live in now, no room for a bit of understanding of the minor mistakes made by generally law abiding people who contribute to society while scumbags have a free ride. This. Someone who understands my non-deliberate mistake. Regardless, will add it to the pile of this years parking tickets, though didn't even get a free photo with this one :( Quote Link to comment Share on other sites More sharing options...
Paul223 Posted February 2, 2014 Report Share Posted February 2, 2014 Did you send your docs by special delivery? You would be shocked how many people know nothing until a bailiff knocks on the door and dvla state that they never got the docs. I'd read what welsh has said again! Royal Mail are terrible for loosing things Quote Link to comment Share on other sites More sharing options...
old rooster Posted February 2, 2014 Report Share Posted February 2, 2014 I'd read what welsh has said again! Royal Mail are terrible for loosing things Might be a screwed up way of looking at it but if you've sent it and paid the price of a stamp isn't the onus on the prosecution to prove that you didn't send it? I could imagine that one causing a bit of interest if taken to court? In my case, mentioned above, I just stated that I had posted my bit off and they didn't take it any further with me. In the OPs case I'm sure some sort of documentation exists to show when the vehicle transaction took place?? Why would anybody doubt his word that he did what he thought was correct? Quote Link to comment Share on other sites More sharing options...
delburt0 Posted February 2, 2014 Report Share Posted February 2, 2014 Hi all Story in brief Traded my van in against a new van in November. Garage didn't put V5 into their name so they could transfer this straight into the sellers name. This made sense so as not to put an unnecessary previous keeper on the document Tax ran out in January I have now been fined as tax not renewed I will put this all to the DVLA but surely this can't be uncommon practice? you should have sent the part (sold to motor dealer/trader off on your v5 yourself) if it's still in your name you could. Be in for many shocks.. Quote Link to comment Share on other sites More sharing options...
LondonLuke Posted February 2, 2014 Author Report Share Posted February 2, 2014 you should have sent the part (sold to motor dealer/trader off on your v5 yourself) if it's still in your name you could. Be in for many shocks.. I gather that now Fortunately I know the van is sat on a forecourt not moving but appreciate your concern Quote Link to comment Share on other sites More sharing options...
welsh1 Posted February 2, 2014 Report Share Posted February 2, 2014 Might be a screwed up way of looking at it but if you've sent it and paid the price of a stamp isn't the onus on the prosecution to prove that you didn't send it? I could imagine that one causing a bit of interest if taken to court? The onus would be on you to prove you had posted it, that is why royal mail will give a proof of posting if you ask, i said to use special delivery because everyone that handles the letter will sign for it .It has been to court lots of times,unless you can prove you sent it you are on to a loser. Speaking as a person who has knocked on more doors than i care to remember and removed more cars than again i care to remember,just about everyone said the same thing ,that they had posted it/paid the fine/never had a letter. That said the op should write a letter to the dvla they should get an affidavit sworn with a solicitor stating who it was sold to and on what date,supply as much information as possible,the receipt for any cash received/paid it is likely the dvla will accept an affidavit,as it is showing you are prepared to stand up in court and use it as a sworn statement. You need to move fast, if it goes to the bailiffs, they will add a shed load of fees, they will seize your car,and they will take it if you don't pay.Time is of the essence. Quote Link to comment Share on other sites More sharing options...
old rooster Posted February 2, 2014 Report Share Posted February 2, 2014 The onus would be on you to prove you had posted it, that is why royal mail will give a proof of posting if you ask, i said to use special delivery because everyone that handles the letter will sign for it .It has been to court lots of times,unless you can prove you sent it you are on to a loser. Speaking as a person who has knocked on more doors than i care to remember and removed more cars than again i care to remember,just about everyone said the same thing ,that they had posted it/paid the fine/never had a letter. That said the op should write a letter to the dvla they should get an affidavit sworn with a solicitor stating who it was sold to and on what date,supply as much information as possible,the receipt for any cash received/paid it is likely the dvla will accept an affidavit,as it is showing you are prepared to stand up in court and use it as a sworn statement. You need to move fast, if it goes to the bailiffs, they will add a shed load of fees, they will seize your car,and they will take it if you don't pay.Time is of the essence. Sounds like good advice! Quote Link to comment Share on other sites More sharing options...
GingerCat Posted February 2, 2014 Report Share Posted February 2, 2014 Wait till it's sold and the new owner racks up some congestion charges and red routes for you as well, not to mention any number of accidents and criminal offences like speed cameras, red lights etc etc. could be interesting. Let the dvla know asap. Quote Link to comment Share on other sites More sharing options...
wraivi Posted February 3, 2014 Report Share Posted February 3, 2014 Bad luck mate, but when you traded your van in, you should have been given a slip ( part of the V5C reg. doc.) to send to DVLA telling them it has transferred to a trader/dealer. This should be sent recorded to DVLA to cover your backside. I discovered this the hard way, had to pay up Quote Link to comment Share on other sites More sharing options...
LondonLuke Posted February 3, 2014 Author Report Share Posted February 3, 2014 Wait till it's sold and the new owner racks up some congestion charges and red routes for you as well, not to mention any number of accidents and criminal offences like speed cameras, red lights etc etc. could be interesting. Let the dvla know asap. I think its fair to say that at the point of it being sold the correct paperwork would be completed. It appears my failing has caused this issue, probably unlikely both the garage and new owner will not complete the documents. Think people are more familiar with procedure at purchase compared with trade in. Lesson learnt, on to the next mistake! Bad luck mate, but when you traded your van in, you should have been given a slip ( part of the V5C reg. doc.) to send to DVLA telling them it has transferred to a trader/dealer. This should be sent recorded to DVLA to cover your backside. I discovered this the hard way, had to pay up Thanks mate, glad I'm not the only human who has ever made a mistake on PW, it's a lesson learnt. Let's face it, we have all made worse! Quote Link to comment Share on other sites More sharing options...
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