The Driver and Vehicle Licensing Authority (DVLA), has clarified the legal procedure for transferring ownership of vehicles in situations where a seller or importer cannot be traced.
According to the Authority, it is responsible for maintaining an accurate national register of vehicles and their registered owners, but it does not have the mandate to determine disputes over ownership of property, including motor vehicles.
In a statement, the authority stressed that vehicle registration only reflects lawful ownership and does not, on its own, create ownership rights.
The DVLA, therefore, indicated that it cannot unilaterally alter ownership records without proper legal authority where transfer documents have not been duly executed.
The Authority further explained that under the Sale of Goods Act, every sale carries an implied condition that the seller has the legal right to sell and transfer a valid title to the buyer.
It added that where a seller fails to meet this obligation, the remedy lies against the seller and not the DVLA.
It also referenced the legal principle of nemo dat quod non habet, meaning a person cannot transfer a better title than they possess.
Explaining the proper legal route, the DVLA said buyers who cannot locate a seller should seek redress through the courts for a declaration of ownership or a vesting order.
It noted that where a seller cannot be traced after reasonable efforts, the court may allow substituted service, including public notice, before determining ownership based on evidence such as proof of payment, possession, and due diligence.
It added that once a court issues an order confirming ownership, the DVLA will implement it in accordance with the law, and in some cases, may be joined to proceedings solely to enforce the court’s decision.
The Authority warned that some individuals wrongly initiate legal action against only the DVLA without joining the seller, describing this approach as risky since it may be successfully challenged later.
“DVLA cannot change vehicle ownership records without legal authority,” the Authority said, urging the public to take due diligence seriously when purchasing vehicles.
The DVLA advised prospective buyers to verify ownership documents, confirm the authenticity of registration records, and ensure all legal requirements are met before completing transactions.
It reaffirmed its commitment to maintaining the integrity of the national vehicle register and ensuring that all ownership changes are processed strictly in accordance with due legal procedures.
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