Dear Miss Freeth

Re : Vehicle Registration Mark - CU52 GXK

I am in receipt of your e-mail addressed to the Driver and Vehicle Licensing Agency's (DVLA) Customer Services Manager. At the outset I should explain that the Customer Service Manager deals only with cases where a customer is aggrieved at the actions of staff at the Agency's Centre of Operations in Swansea. In line with published service standards, your correspondence has been forwarded to me to reply in the absence of the Area Enforcement Centre (AEC) Manager.

Firstly, I must apologise for any inconvenience you may have experienced when using the telephone number 0300 123 1273. The Agency was made aware that some customers were experiencing some problems and the matter was reported to BT, who have given assurance that the problem has been resolved and no further difficulties should be experienced by our customers.

It might help to put the Agency's actions into context if I explain how the legislation applied in this case. DVLA is charged with maintaining and improving the accuracy of the vehicle register kept by the Secretary of State. Records are maintained to assist revenue collection, road safety and law enforcement. Many agencies, including the Police, rely heavily on the DVLA register for all vehicle-related investigations. It is therefore essential that information on this register is accurate and up to date.

Following disposal of a motor vehicle, the registered keeper is required under Regulations 22 to 24 of the Road Vehicles (Registration and Licensing) Regulations 2002 to forthwith notify the Secretary of State, in writing, of a change of keeper. This is best achieved by the completion of the relevant section of the Vehicle Registration Certificate (V5C) or if this document is not available, otherwise in writing. However, the notification must contain;

Since January 2004, on receipt of notification of a vehicle's disposal, DVLA has issued formal letters of acknowledgement to the registered keeper. The letter confirms receipt of the notification and advises the keeper that their liability for the vehicle has ceased. Information regarding the Acknowledgement Letter and what the keeper should do if it is not received within 4 weeks of having submitted their notification is contained within several sections of the V5C and the information leaflet INS160 - UK Registration Certificate Guidance Notes, which accompanies all V5C's.

The Agency accepts that there may be occasions when a notification submitted does not reach the intended destination. However, the system of Acknowledgement Letters was specifically designed with this eventuality in mind, by providing confirmation that the DVLA record has been amended, or by its absence, highlighting occasions where notifications have gone astray. This system also negates any uncertainty that may be experienced by either the sender or the intended recipient, as to whether a disposal notification has actually been sent, or indeed received.

Where it appears that a breach may have occurred, the law allows DVLA to make an offer to compound proceedings, commonly known as an Out of Court Settlement (OCS). This provides a simple and straightforward means of disposing of the matter without recourse to Court proceedings. The amount of penalty issued in respect of this type of offence is £55.00, however, that is reduced to £35.00 providing payment is received by the specified date on the OCS penalty notice. Where payment is not received, the Agency is left with no alternative other than to refer the matter to the courts.

Having thoroughly checked the Agency's records, I can confirm that a registration mark transfer took place in May 2009 but I have been unable to find any trace of a subsequent timely notification of the vehicle's disposal having been received from you.

I am satisfied that the original decision notifying you that a breach had been identified and seeking legal redress, was correct. However, you may prevent any further action and settle the matter by payment of £40.00 by 10 November 2008. If payment is not received by this date the full amount of penalty will become due and you have until 30 November 2009 to pay £80.00. Payment by cheque or postal order should made payable to DVLA and sent to the Enforcement Manager, Swansea Area Enforcement Centre (AEC), Ground Floor West, 1 Sandringham Park, Swansea Vale, Swansea, SA6 8AJ. Alternatively, payment may be made by credit or debit card over the telephone, on * 0300 123 1273.

I am sorry to send what I know will be a disappointing reply but the legal requirements cannot be ignored.

Yours sincerely

Mr N Lewis

Deputy AEC Manager

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