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Thread: Anyone know if i have a leg to stand on

  1. #1
    Forum Saint shezz's Avatar
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    Default Anyone know if i have a leg to stand on

    Part exchanged my car just before xmas to a Vauxhall car dealer

    In March (end of) I received a fine for non payment of tax on the car that I had part exchanged, I took the letter straight to the garage who told me they would contact DVLA as it was them that sent of the slip to say they were taking ownership of the car (as a dealer they send not change of ownership but a dealership slip) so I left it with them, middle of April i received another letter from DVLA so I phoned them up told them that i had PXed the car, then took that letter to garage.

    Few days later i get another letter yet another fine, this time for not telling them i was no longer the owner of the car

    I took that down to the garage who once again said they would contact them

    Last week i got a letter from the DVLA stating that i had to pay before such and such a date otherwise they will take legal action against me.

    I phoned them up and they said as my name was on the log book still i am legally the owner, I phoned the garage who in turn phoned DVLA, but they would not speak to them only to say that I should of phoned when I never received a letter from stateing I am no longer the owner, (have since found out that legally i don't have to phone them http://www.theregister.co.uk/2010/05/03/dvla_court/ )

    The garage now say it's nowt to do with them and dont want to know,

    I do have a receipt dated December with the reg of my car I pxed (tax run out end of Jan)

    I have paid the money (fines), but can i try and claim this back from the garage, as they were the owners of my car at the time the car tax run out, and although they say they sent of the sorn (dealers part) why did they not act upon when they had received no notification from the DVLA


    Do I have grounds, as i would luv to go to the garage and say blah blah blah knowing I am right instead of blowing of steam only to find I dont have a leg to stand on
    Last edited by shezz; 15th May 2010 at 04:50 PM.
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    When you sell a car, both parties have a bit of the form to fill in and send off, I'm not sure from what you say there if you did your bit?

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    Forum Saint shezz's Avatar
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    Quote Originally Posted by bykimbo View Post
    When you sell a car, both parties have a bit of the form to fill in and send off, I'm not sure from what you say there if you did your bit?
    The only section that is sent off is the section of sale/transfer to motor trade, I signed it and the motor trader has to fill out the rest, as they have to declare things such as vat number, they keep the v5 form for the person who then buys the car, this way they are then not logged as being the owner of the car


    this is the bit that that had to go off to the DVLA and the bit that the garage say they sent and the bit that DVLA say they never got
    Last edited by shezz; 15th May 2010 at 05:05 PM.
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    Quote Originally Posted by shezz View Post
    The only section that is sent off is the section of sale/transfer to motor trade, I signed it and the motor trader has to fill out the rest, as they have to declare things such as vat number, they keep the v5 form for the person who then buys the car, this way they are then not logged as being the owner of the car


    this is the bit that that had to go off to the DVLA and the bit that the garage say they sent and the bit that DVLA say they never got
    Oh interesting, ta. Haven't done a part-ex in donkeys years; I didn't know there were different rules. Seems really odd to me that the seller wouldn't have to do any paperwork - you have know way of knowing if the trader is honest or efficient. People must get stuffed by poor traders all the time, surely? What a terrible system!

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    I px'd mine recently and I filled out the new owner part of the car i was purchasing and the garage filled out there part whilst i was with them and I posted both bits off together. It sounds like the garage just haven't bothered or its got lost in the post

    Mine went really smoothly and it was with a vauxhall dealer as well, two ends of the spectrum.

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    Okay, after I finished typing that I thought "I must have got something wrong there", you couldn't possibly be saying the seller doesn't have to send something off, it wouldn't make any sense. So a quick Google produced:

    Notifying the DVLA of a Part Exchange Deal
    If you sell your car to a motor dealer, you should fill in the yellow section of the V5C registration certificate, and pass the rest of the form onto the motor dealer.
    If you have a two-part V5 registration document, fill in the red section (complete with the details and signature of the motor trader), send it to the DVLA and give the rest of the document to the motor trader.

    Once you have sent the relevant documentation to the DVLA, you should receive confirmation that you are no longer liable for the vehicle within around a month.

    When you come to sell a car, you need to make sure that you have taken care of certain selling responsibilities, including making sure that the DVLA are aware of the fact that the vehicle has changed owners.

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    Forum Saint shezz's Avatar
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    Quote Originally Posted by bykimbo View Post
    Okay, after I finished typing that I thought "I must have got something wrong there", you couldn't possibly be saying the seller doesn't have to send something off, it wouldn't make any sense. So a quick Google produced:

    Notifying the DVLA of a Part Exchange Deal
    If you sell your car to a motor dealer, you should fill in the yellow section of the V5C registration certificate, and pass the rest of the form onto the motor dealer.
    If you have a two-part V5 registration document, fill in the red section (complete with the details and signature of the motor trader), send it to the DVLA and give the rest of the document to the motor trader.

    Once you have sent the relevant documentation to the DVLA, you should receive confirmation that you are no longer liable for the vehicle within around a month.

    When you come to sell a car, you need to make sure that you have taken care of certain selling responsibilities, including making sure that the DVLA are aware of the fact that the vehicle has changed owners.

    I'm not saying that i could'nt send it off I'm saying that I filled out the section i was to sign and the motor trader had to fill out there section as they have to put there stuff in and that they sent it off, they also sent off the slip that i filled out for the new vehicle that i purchased after i signed it


    funny but i got the v5 back for that ok
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    Forum Saint shezz's Avatar
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    Quote Originally Posted by 2Bookworms View Post
    I px'd mine recently and I filled out the new owner part of the car i was purchasing and the garage filled out there part whilst i was with them and I posted both bits off together. It sounds like the garage just haven't bothered or its got lost in the post

    Mine went really smoothly and it was with a vauxhall dealer as well, two ends of the spectrum.

    I filled mine for my new car out as well, and they said that were sending them off
    The garage is not one of the back street one's it is a Vauxhall dealer
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    Quote Originally Posted by shezz View Post
    ... they sent it off,..
    Mistake number one,it's your responsibility to send it off,not theirs.So legally,no you don't have a leg to stand on.However...
    Quote Originally Posted by shezz View Post
    ...I have paid the money...can i try and claim this back from the garage,
    ..
    Mistake number two.Never pay anything until you're absolutely sure of your responsibilities.
    Yes,try & claim it back.You have more chance with it being a Vauxhall dealer,they have a company image to uphold.Best of luck.

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