A taxing time with DVLA

Unread post by **admiral51** » 03 Apr 2009, 22:15

First of all im not sure if this is the correct section but i didnt want this to get overtaken or get lost in my Blog

Just a little background info:- In April 2008 i sold my Escort to my gaffer to get the funds to purchase my 1.9TD as detailed in my Blog.This car was then sold on and i sent off the log book to DVLA

In October the Police contacted me informing me that the car had been stopped for no insurance and subsequently impounded not my problem i thought as i didnt own it.............how wrong i was

It turns out that DVLA had not "received" said log book and as such i was still the registered keeper.Having spent time giving the Police the information requested i then received a request from DVLA to pay them £40 for non payment of Road Tax. Now things take a turn for the worse typical Govt madness.The DVLA office in question is in Birmingham and has no form of contact except post so can only send them information.Didnt hear anything back until late January when i receive a letter from their Debt Agency telling me i have to pay £80 or face a poosible court case and minimum fine of £1000

Again i write to them explaining and even enclose SAE but still nothing until mid March when i receive a letter stating that as i have failed to reply to earlier letters i must pay £80 within 7 days of dated letter or face legal proceddings and the possibility of the car being impounded/auctioned or even crushed

At this point i phoned the Debt Agency again and was informed that all correspondence must be through DVLA Birmingham Enforcement Offices and they gave me a contact number.........which turns out to be DVLA Swansea

.To be fair DVLA Swansea were very pleasent but gave me no real help except to say that i should correspond with the Debt Agency as they are now dealing with the case.So just to clarify DVLA say talk to Debt Agency and Debt Agency say talk to DVLA

Now i have spoken to Police again and they are not chasing me for any fines/storage fees in relation to the offences commited in October but they will not give me any information as they say i dont own the car and any information is covered by the Data Protection Act

DVLA are still showing me as registered keeper of vehicle but through a bit of luck i have found out the car has been scrapped

Now DVLA are saying that if i hadnt received a letter within 4 weeks of sending off the logbook then i should contact them to chase it up and also that the only proof they will accept of change of ownership is the letter they would have sent out...are you following me here

Now i am still going round in circles here but if all the above is true then surely i should be able to answer the following points
1.As the last registered keeper then DVLA should send me a letter to say the vehicle has been scrapped
2.If the vehicle has been scrapped who as registered keeper (me

) agreed to it and signed the document
3.As the Police are quite happy that i did not own the vehicle when the Tax was out of date how did they prove it
Just to make things a little murkier this is what the Police told me with regards to passing information to anyone in concern with the above matter

As the offence of having no Insurance is a Civil matter and having no Road Tax is a Government/Revenue matter if DVLA want any information about the Police investigation in this matter then under the Data Protection Act DVLA will not only have to request it but also pay for it

So once again 2 Publicly Funded Forces have to spend more taxpayers money in obtaining information that should really be available free of charge in the course of general enquiries.I cant get this information unless i employ a solicitor who will also charge me for getting this information which so evidently concerns me oh happy days

Todays latest advice from DVLA (Swansea

) is to lodge an appeal with DVLA but i still have to pay the £80 first and then claim it back as i cant appeal against a fine i havent paid

All i can suggest to everyone is when selling a car make absolutely sure you receive your conformation letter from DVLA within 4 weeks or hound them everyday until you do get it as in this day and age when you can Tax your car by phone/internet the blasted conformation still has to go through the post and its generated by a ruddy computer

Colin

addo · Unread post by **addo** » 03 Apr 2009, 22:35

The only thing you probably could have done differently, is to either surrender the bookwork in person or send it by registered post.

Advise debt recovery in writing of the actual proceedings, and that you would like the matter to be heard in court (it will be thrown out if you can demonstrate that you took appropriate steps to do the right thing), and will be approaching the magistrate for all reasonable costs involved. Also state that you will not accept a gag as any condition of settlement.

Debt recovery arms are usually 100% unsympathetic but when a matter goes to court it will likely return to the initiating agencies - DVLA and Police.

If all else fails, move to Australia or NZ.

Unread post by **myglaren** » 03 Apr 2009, 22:43

addo wrote:

If all else fails, move to Australia or NZ.

Works every time

My daughter ran into this when she sold her first SAAB last year.
In all fairness, she couldn't remember if she had sent the slip into the DVLA or left it for the new owner to do (she is far more careful now)
She just paid the £40 fine before it got any worse.

Tecar · Unread post by **Tecar** » 04 Apr 2009, 07:35

addo wrote:

If all else fails, move to Australia or NZ.

Debt recovery "agents" have been known to track people down on the other side of the world... so still not a fail safe plan...

addo · Unread post by **addo** » 04 Apr 2009, 10:09

Not for £40 owing to the UK Gov't.

We have similar issues here; people who try and "negotiate" with the debt recovery arm of state and federal governments reach the same stalemates.

Petty court proceedings are quite educational and very different to what most imagine. I encourage people to see (go and observe) justice administered at this level as it's quite an eye opener; matters are varied and often entertaining.

Compared to this, the debt recovery arm of authority wants to make the whole issue seem a big wall; unfamiliar, intimidating and wearing to the novice. Many people crumble in the face of this; it's a sad reflection of miscarriage of justice.

Tying the above back to the OP's remarks - if you have done the right thing, and in due time - then you should not accept a miscarriage of justice. It's often simple cases like this accruing statistically, that force commonsense changes to legislation.

Regards, Adam.

Ross_K · Unread post by **Ross_K** » 04 Apr 2009, 20:02

When dealing with the DVLA (and spececially when sending back V5's or declaring SORN) photocopy everything and use Recorded/Special Delivery.

At least that way they can't say "Sorry, we never got it".

Or if they they do you can laugh and say "Take me to court then"...

See http://www.consumeractiongroup.co.uk/forum/dvla/ for plenty of DVLA-related stories.

Unread post by **CitroJim** » 04 Apr 2009, 22:49

That's a rotten tale Colin

You have to be so careful with the DVLA.

Way back in January (was it that long ago?) when I assumed custody of my V6, Fatherjack and I did the paperwork and the new V5 came back to me quite promptly..

However, I received no notification to renew the tax that expired at the end of March. I was aware though and declared SORN via the internet using the V5 details.

With no notification, had I not been observant that the tax was about to run out, I could well have ended up with car untaxed and SORN not declared and in a similart sort of position to you Colin...

Hope it all comes good for you very soon...

Ross, that's good advice...