Talk Morgan Forums Community The Malvern Arms Car tax and V5C

I bought a used car from the main dealer a couple of months ago. They taxed it online the day I collected it and I have the printout to verify.

I have always assumed that the ownership details changed at the same time it was taxed but it seems that it's two separate processes and the dealer didn't advise the DVLA of the change of ownership until a few days later. Apparently this isn't uncommon.

The V5C correctly reflects the date I took ownership, the date of issue is a few days later which reflects when they were advised by the dealership.

The dealership confirmed that they have to enter my details, address etc. when taxing the car which I would have thought flags something up at the DVLA e.g. change of ownership pending or whatever.

I know it's a long shot but does anyone know exactly how this is presented to the DVLA ?

I ask because I'm disputing a speeding ticket and the timing of my ownership and the information available to the DVLA/police is pivotal to my argument.

I hope this makes sense !

Go to court with your documentation.

But if it’s someone else’s ticket, all that your admin mix up does is delay your date of ownership, it doesn’t put it back in time when the car belonged to another.

The V5 is not proof of ownership (As stated on the front). It records the Registered Keeper. It is the Registered Keepers responsibility to provide details of the driver at any given time.

If the speeding ticket pre dates the date the you became the Registered Keeper as stated on the front page, you are not responsible.

You say the date on the V5 is correct but the date of issue is later? Do not understand the "date of issue"

I assume you have an invoice stating the date that you became the owner and hopefully it is the same date as recorded of the front of the V5. If the ticket pre dates both documents then you have no issue.

I also assume the speeding ticket was not while you undertook a test drive.

Does ownership effect a speeding ticket? .... if so, no-one could be nicked for speeding in a stolen car ..... or are you thinking that if technically you weren't the owner then you technically don't have the legal duty to identify the driver??

I'd agree with the above ... the V5 doesn't prove ownership ... the receipt when you bought the car does.

Helpful chaps that we are notwithstanding, wouldn't a solicitor be a more reliable source of info ... however, at least our well-meaning legal advice is free 🙂

K

It's my ticket but it wasn't delivered within the allotted time frame of 14 days which should mean that it can't be prosecuted. I actually received it after 40 days.

The police are claiming that I wasn't the registered owner at the time of the offence and that caused a delay in finding the right person. Without going into more detail I know this is BS.

My assertion is that, as the car was taxed in my name prior to the offence then surely my details are registered with the DVLA in some form or other. I'm having difficulty in finding out exactly how this works.

I've spoken to a solicitor and they've advised me that, when challenged, the police often ignore the 14 day rule in the assumption that the accused party won't want to go through the stress of going to court.

I've had a clean license for more than 15 years and then managed to pick up two speeding tickets in the same week. I'd like to avoid at least one of them !

I don't expect any sympathy from the police, and I know it doesn't mitigate the offences, but I was under extreme duress at the time due to a terminal family illness and was on an 800 mile round trip commencing Christmas day. I feel I deserve a break

I think the 14 days applies to the date on the NIP, rather than the time it took to get to you. This accounts for delays when buying at selling cars, trying to find the correct driver for hire cars, and allowances for post (especially during strike time).

So, if the NIP date is within the 14 days of the speeding offence, you may struggle to get out of it even if arrives 40 days afterwards.

In my experience, the courts and police have no interest in personal circumstances - speeding is speeding (I'm no angel - I've had at least 21pts in my driving career, but had 'reformed' and managed about 20 clear years until I got stung for 36 in a 30 driving the Mog three years ago)

The NIP I received was dated 40 days after the offence.

The police claim that it was originally sent to the previous keeper (Main dealer) based on DVLA information available to them at the time of the offence. I'm confused at to how a car can be taxed online without the new keepers details being recorded at the DVLA, hence my original question.

Irrespective of the above, the previous keeper advised the police of my details within 24 hours of receipt of the NIP. The police then took almost 30 days to re-issue it to me.

I'm not optimistic but it's worth a try.

If the original NIP was sent out within 14 days of the offence then that complies with the requirement, if it takes longer to trace the owner at the time of the offence it still stands and you as the owner at the time of the offence are required to furnish details of the driver at the time of the offence. Failure to comply is an offence and an automatic 6 points plus up to £1000.00 fine.

I have already furnished details of the driver.

My contention is that the police were aware of my ownership by way of the returned original NIP and yet took a further 24 days to submit a NIP to me and it was 29 days before I received it.

I have little doubt that they'll ignore this but at least I'll give it a try.

Thanks to everyone for their help and advice and let's leave it at that for the moment.