VEHICLE OWNERSHIP CHANGE – DVLA

The Driver and Vehicle Licensing Authority wishes to clarify the proper legal procedure for change of ownership or registration of vehicles where the seller or importer cannot be located.

The DVLA is established as a statutory authority responsible for maintaining an accurate register of vehicles and their registered owners. The Authority does not determine disputes relating to ownership of property and for that matter vehicle. Vehicle registration reflects lawful ownership but does not create it. Consequently, where the registered owner has not executed the necessary transfer documentation, or where the importer named in customs documentation has not completed lawful registration, the DVLA cannot unilaterally alter its records without legal authority.

Under the Sale of Goods Act, there is an implied condition in every contract of sale that the seller has the right to sell the goods and will pass good title to the buyer. The seller is legally bound to convey lawful ownership and ensure that the buyer enjoys quiet possession. Where a seller fails in this duty, the remedy lies against that seller. The law further provides, through the doctrine of nemo dat quod non habet, that a person cannot transfer better title than he possesses.

Accordingly, where a purchaser is unable to trace the person from whom a vehicle was acquired, the appropriate course of action is to institute proceedings against that seller seeking a declaration of ownership or a vesting order. If the seller cannot be located after reasonable efforts, the court may grant substituted service, including publication. Upon consideration of evidence of purchase, payment, possession, and due diligence in attempting to locate the seller, the court may grant the necessary orders declaring the purchaser to be the lawful owner.

Once such an order is issued, the DVLA will give full effect to it in accordance with the law. In some instances, the Authority may be joined as a second defendant solely for the purpose of implementing the court’s final determination.

Most often however, people who are unable to locate the person from whom they purchase the vehicle rather initiate proceedings against only DVLA. This procedure is not advisable in the sense that anytime somebody comes afterwards to challenge the order of court, the person will surely succeed.

Members of the public are advised to exercise due diligence before purchasing any vehicle. Prospective buyers should ensure that the seller has proper title, that registration documents are authentic and complete, and that all statutory requirements have been satisfied. Taking these precautions will prevent future disputes and safeguard purchasers’ legal rights.

The DVLA remains committed to upholding the law, maintaining the integrity of the national vehicle register, and ensuring that all changes of ownership are effected in accordance with due process.