DVLA new keeper not yet registered — KADOE data lag defence

DVLA records lag behind reality. A new keeper has 5-15 working days for V5C processing. If an event occurs in that window and the operator's KADOE request returns the previous keeper, the operator chases the wrong person. The recipient is not the keeper at date of event (PoFA Sch 4 para 4) and the previous keeper has a complete defence by producing the V5C/2 (new keeper supplement) showing transfer date.

Legal basis

PoFA 2012 Sch 4 para 2 ('keeper' is the person by whom the vehicle was kept at the time of parking — DVLA registration is rebuttable presumption); para 2(1)(b) of Sch 4 — keeper presumption rebuttable

How to identify this in your case

You sold the vehicle and sent V5C/3 to DVLA before the event; you have V5C/2 stub; you receive a NTK addressed to you (previous keeper).

Sample appeal wording

Dear [OPERATOR], Re: NTK [REF] — Vehicle [REG] I sold the above vehicle on [DATE OF SALE], which is before the alleged contravention date of [DATE]. Enclosed: - V5C/2 (new keeper supplement) given to the buyer; - V5C/3 (notification to DVLA of transfer) sent on [DATE]; - DVLA acknowledgment letter dated [DATE]. Under paragraph 2 of Schedule 4 PoFA 2012, the keeper is the person by whom the vehicle is kept at the time of parking. The DVLA registration is a rebuttable presumption only. The presumption is rebutted by the documentary evidence above. The new keeper at the time of parking was [BUYER, ADDRESS if known, or 'not known to me']. I require: 1. Immediate cancellation of the charge against me; 2. Erasure under UK GDPR Art 17 of my personal data; 3. Confirmation no debt collection or court action will be taken against me; 4. Pursue the new keeper if you wish (subject to your own KADOE timing rules). Yours faithfully, [NAME]

Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.

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Sources

PoFA 2012 Sch 4 para 2