Buying
an MG V8? - take care with your SORN declaration, there can be a very
nasty sting from DVLA!
If you purchase a car in the UK which is not taxed for
the road, then it should be covered by a SORN. The present registered
keeper (usually the seller) is responsible for taxing the car or making
a SORN declaration, so you should insist the seller produces either
a current road fund licence or a current SORN. The SORN will usually
be in the form of a standard DVLA letter as a DVLA acknowledgment
of a SORN which will state the date the SORN "notice began
to apply" and that "this lasts for 12 months". But
what do you do if the car has neither a road fund licence or a SORN
acknowledgment from the DVLA? Well your reaction as a responsible
citizen purchasing the car will be to make sure two matters are dealt
with promptly by:
Making a SORN declaration as rapidly as possible using a recent
tax renewal reminder can be used to submit a SORN or you might need
to download a Form
V890 (see the SORN1 webpage for a link
to obtain a Form V890 online) and make your SORN declaration. In both
cases those forms could be submitted to a Post Office branch that
handles the issue of road fund licences. Do ensure you get a "NIL
payment" receipt from the counter clerk as evidence the Post
Office branch has accepted your SORN declaration form for transmission
to DVLA - that is essential.
Ensuring the change of Keeper is notified to DVLA promptly
following the completion of the purchase. Whether the vehicle has
the old Vehicle Registration Document V5 or the new EU style Vehicle
Registration Certificate V5C, there is a section on each form for
supplying the name and address details of the New Keeper (the buyer)
which is then sent off to DVLA to be processed so the New Keeper (the
buyer) is recorded as the Registered Keeper. The existing registered
keeper has an clear interest in doing this very promptly because the
Registered Keeper will continue to be liable for the vehicle until
DVLA is informed of the change of keeper. It is probably prudent to
send that notice by recorded delivery.
Gavin Bailey also adds "with the DVLA fines it may
also be worth mentioning that it is essential that members with V8s
remember to keep the address on their V5s up to date if they move
house as a SORN renewal notice accidentally going to an old address
and not being forwarded could prove very costly!" (26.1.05)
Take care and note the extraordinary tale in the panel alongside.
For
overseas members, the "DVLA" is the Driver &
Vehicle Licensing Agency which is a UK Government agency, and a
"SORN" is a Statutory Off Road Notification, a
formal document the registered keeper of a vehicle has to return
to the DVLA if the vehicle is not taxed for use on public roads
in the UK through the payment of a 6 or 12 month road fund licence.
Updated:
13.12.08
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V8 Register - MG Car Club
Take
note of this extraordinary case - it could apply to you
too!
In the extraordinary case James Fairchild reported in SORN4,
he prepared a SORN whilst he was still sitting in the sitting
room of the person from whom he had purchased the vehicle
and then promptly sent it off to DVLA. The seller filled
in the New Keeper details on on the vehicle registration
document and sent that off to the DVLA shortly afterwards.
You would hope that would have met all the requirements
responsible citizens buying and selling a vehicle should
do - even under the new draconian DVLA vehicle licensing
and SORN regulations.
You can imagine the surprise James subsequently felt on
realising some time later that a letter he had received
from the DVLA, which he had merely glanced at thinking it
was a standard acknowledgment of a SORN, was in fact a formal
refusal to accept his SORN! - But why? Simply James had
sent his SORN to DVLA too promptly - yes too promptly!
It seems that when it got to the DVLA and was processed
by jobsworth1, and that person found from the DVLA
records James was not the Registered Keeper. But why when
the seller had sent in a notice of change of Keeper? Simply
that notice was still being processed by jobsworth2
at the DVLA who had not yet reached the stage of recording
the new Registered Keeper on the DVLA systems. Because James
had not spotted the letter from the DVLA had refused to
accept the SORN and consequently did not then respond -
when of course he should have submitted another! - he later
received an £80 penalty notice for not having submitted
a SORN!! Quite extraordinary - clearly the DVLA systems
do not operate on common sense. It seems they do not record
an attempt to make a SORN just in case their processing
of change of keeper notices are behind the arrival of the
SORNS!
So a caution - do not fail to read any letter from
the DVLA, and do not assume a DVLA letter is just a plain
acknowledgment of a SORN. If James had read the letter he
received closely he would have known he had to write again
pointing out that he had by then received a V5 issued in
his name as the Registered Keeper and that they should accept
a SORN from him. If you do not read official letters it
may well lead to unfortunate consequences for you - even
a serious £80 penalty or worse.
The heavy handed DVLA are becoming quite brutal
Whether you are a good citizen who has tripped up on their
procedures or one of the hard core road tax evaders - they
are all the same to the DVLA! Submitting a SORN is not a
casual exercise, make sure you have proof of Post Office
processing by getting a NIL payment receipt at the counter,
and do not send the SORN too soon so it arrives before the
change of Keeper notice, or you may have to keep submitting
SORNS until they concede you are in fact the Registered
Keeper of the vehicle.
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